SB138 Alabama 2020 Session

Summary

Primary Sponsor

Clyde ChamblissSenator

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

SB 138 would change how retired Alabama justices and judges are paid when they are called back to active duty and would make some language updates to the law.

What This Bill Does

The bill revises retirement benefits to continue at 75% of the current salary for the position a retiree held, with changes in salary reflected over time. It adds survivor benefits (spouse receives 3% of the former salary each year, up to 30%) and sets disability benefits based on years of service (75% if 10+ years; otherwise a tiered amount starting at 25% plus increments, with a 30% minimum). It creates an interim active-duty pay plan for retirees, allowing them to serve temporarily with extra pay up to 25% of the active judge’s salary, subject to caps and annual certification. It also updates rules for district judges and requires non-substantive language edits to current standards; the act would take effect a few months after passage.

Who It Affects

• Retired justices and judges who may be called to interim active duty, as they would see updated retirement and interim pay rules and eligibility requirements.
• The Alabama judiciary and Administrative Office of Courts (including Chief Justice, presiding judges, and certifying authorities), which would determine salaries, certifications, and oversight for interim active-duty assignments.

Key Provisions

• Retirement benefits for Supreme Court justices and Court of Appeals judges: 75% of the position's salary, payable for life and adjusted if the salary changes; benefits not subject to garnishment.
• Retirement benefits for circuit court judges: 75% of the salary payable from the State Treasury, payable for life and adjusted with salary changes; not subject to garnishment.
• Spousal survivor benefit: after at least five years of service, the spouse receives 3% of the former salary per year of service, up to a maximum of 30%, paid monthly for life or until remarriage, with adjustments if salaries change.
• Disability benefit: if 10+ years of service, 75% of the active salary; if fewer than 10 years, a tiered amount starting at 25% plus 10% per year over five years, with a minimum of 30% of the salary.
• Interim active-duty pay for retirees: eligible retirees may be called to interim service and receive additional compensation that, combined with retirement benefits, would be up to 25% of the active court’s salary; caps apply so total pay does not exceed certain limits, and specific salary comparisons apply based on position and circuit.
• Salary determinations for interim service: retired circuit judges called to serve receive the higher of the regular judge’s salary in their new circuit or the circuit from which they retired, with a cap equal to not more than $1,000 less than a regular judge in that circuit; similar rules apply for appellate and supreme court assignments.
• Certification and performance: whether a retiree is performing satisfactorily is decided by the Chief Justice (or presiding judge for appeals) and, if not satisfactory, the retiree is removed from active status and extra pay stops.
• Active service rules for districts: district judges called to interim service have comparable pay rules and caps, with authority and certification procedures mirrored from the circuit/appellate framework.
• Effective date: the act takes effect on the first day of the third month after passage and approval.
• Nonsubstantive updates: provides technical revisions to update the code language to current style.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Justice, Supreme Court