SB351 Alabama 2019 Session

Summary

Primary Sponsor

Clyde ChamblissSenator

Republican

Session

Regular Session 2019

Title

Justices and judges, revise compensation received by retired justices and judges who are called to active duty, Secs. 12-18-10, 12-18-61 am'd.

Summary

The bill changes how Alabama pays retired justices and judges who are recalled to active duty, updating retirement and active-duty pay rules and adding caps.

What This Bill Does

It maintains 75% retirement benefits for Supreme Court justices and circuit judges, with the amount adjusting as salaries change. It preserves survivor benefits for spouses (3% per year of service up to 30%) and sets disability benefits by a specified formula. It allows retirees to be recalled to active duty with additional pay, but caps total pay so it stays within $250 of the regular appellate salary and limits the added amount to 25% of retirement pay, with annual caps tied to regular judges' salaries. It also ties compensation when serving on higher courts to regular pay for that role, and lets the Chief Justice or presiding judge remove a retiree from active duty if performance is unsatisfactory; the act becomes effective on the first day of the third month after passage.

Who It Affects

• Retired justices and judges who may be called to active duty: their retirement benefits and the rules for receiving additional active-duty pay are changed and clarified.
• The judiciary and State Treasury (circuits, districts, and courts): compensation calculations and caps reference regular judge salaries, affecting how much retired judges can earn when recalled and how those payments are administered.

Key Provisions

• Amends §12-18-10 to keep retirement benefits at 75% of the salary for the position, with the amount adjusting if salaries change by law; survivor and disability benefits are maintained under defined formulas.
• Allows retired justices or judges to be recalled to active duty and receive additional compensation, with total pay designed to be within $250 of the regular appellate salary and not to exceed 25% of the retirement salary; specific salary bases apply depending on the role and circuit.
• For retirees serving on the Supreme Court or courts of appeals, compensation during active duty equals the regular pay for that role and is paid in the same manner as regular judges; for circuit service, the retiree’s pay is based on the circuit salary from which they retired or the circuit to which they are assigned, whichever is greater.
• Annual total compensation for a retired circuit judge on active status cannot exceed the regular circuit judge’s pay by more than $1,000; Chief Justice or presiding judge determines satisfactory performance and may remove the retiree from active duty if performance is not satisfactory.
• Amends §12-18-61 to apply similar active-duty and compensation rules to retired district judges, including up to 25% extra pay and caps linked to the district judge salaries, with the higher of the retired district judge’s former district or the assigned district used as the salary base.
• Effective date: the act becomes law on the first day of the third month after it passes and is approved.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Justice, Supreme Court