HB105 Alabama 2020 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Nathaniel LedbetterRepresentative
Republican
Session: Regular Session 2020
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: HB 105 revises how retired Alabama justices and judges are paid when they are asked to serve again on a temporary basis and updates the code language.
What This Bill Does
It sets retirement benefits at 75% of the salary for the retiree’s position and keeps them adjusted when salaries change. It creates interim active-duty pay rules for retirees, so the total pay (retirement plus any interim pay) is roughly $250 per month less than the active judge’s salary and not more than 25% of the active salary, with annual caps. It requires specific steps to appoint interim judges (requests by presiding judges, certification of need, annual re-certification) and allows removal if performance is not satisfactory. It also extends similar interim-active-duty rules to district judges and includes survivor and disability benefit rules, plus non-substantive language updates to the code.

Who It Affects
Retired Supreme Court justices and appellate court judges who may be called to interim active duty, as they would receive active-duty pay plus any allowed interim compensation.
Retired circuit and district judges who are called to interim active duty, subject to the same pay rules and caps as other retired judges.
Spouses of retired judges, who may receive survivor benefits based on years of service and salary.
The Administrative Office of Courts, the Chief Justice, and presiding judges who oversee interim appointments and certify caseload needs, plus the judiciary as a whole.
The general public in Alabama, indirectly, through how judicial compensation and interim staffing are funded and managed.

Key Provisions
§12-18-10(a)-(b): Retirement benefits for justices and circuit judges retire at 75% of the prescribed salary, payable for life, and adjusted if the position's salary changes; benefits are protected from garnishment.
§12-18-10(c): Survivor benefits for a retiring judge's spouse equal to 3% of the retired salary for each year of service, up to 30% of the salary, payable for the spouse's life or until remarriage.
§12-18-10(d): Disability benefits: 75% of salary after 10+ years of service; if fewer than 10 years, a formula provides at least 30% of the salary, with increments based on years of service.
§12-18-10(e): Interim active-duty status allows retirees to be called back to serve; they receive additional compensation so that total pay is about $250/month less than the appellate court’s salary, not to exceed 25% of the active salary; salary for active service is set to at least the regular judge’s pay in the relevant circuit or appellate level, with annual caps.
§12-18-10(e)(2)-(3): The retired judge’s total annual compensation on active duty cannot exceed $1,000 less than the regular judge’s pay in the retiring circuit/district, with additional pay subject to funding and service conditions.
§12-18-10(e)(4): Interim service is only allowed when the presiding judge requests it and caseload studies show need; ongoing eligibility requires annual re-certification and is subject to termination at any time.
§12-18-10(f)-(i): Retired judges on interim duty may be considered extra judges; non-performance can lead to removal and cessation of extra pay; Chief Justice retains authority to transfer between active and inactive status and to set duties; rules for interim service are to be adopted by the Administrative Office of Courts.
§12-18-61: Parallel interim-active-duty rules for retired district judges, including salary basis, 25% cap, annual re-certification, need-based assignment, and termination rights.
§2: The act takes effect on the first day of the third month after passage and approval.
Nonsubstantive revisions: Updates to code language to current style without changing substantive terms.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Justice, Supreme Court