HB74 Alabama 2021 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2021

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

HB74 changes how retired Alabama justices and judges are paid when they are called back to work, and updates related code language.

What This Bill Does

It changes retirement benefits for retired justices and judges who are called to active duty to 75 percent of the position’s salary, and those benefits adjust if the position’s salary changes. It creates an interim active-duty program where retirees can serve temporarily in courts with extra pay, so their total pay would be up to 25 percent of an active judge’s salary, with annual caps and funding limits. It also updates survivor and disability benefits, ensures pay parity with regular judges when retirees serve, and includes technical edits to update language; the act becomes effective after a set waiting period.

Who It Affects

• Retired justices of the Supreme Court and retired judges from appellate, circuit, and district courts who may be called to interim active duty and who would receive revised retirement, disability, and potential interim pay.
• The Administrative Office of Courts, along with the Chief Justice and presiding judges, who oversee interim assignments, determine caseload needs, certify eligibility, and implement the new compensation rules.

Key Provisions

• Amends Sections 12-18-10 and 12-18-61 to set retirement benefits at 75% of the salary for the position held, with benefits continuing for life and adjusting as salaries change; benefits are not subject to garnishment.
• Establishes interim active-duty pay for retired justices/judges called to serve, so combined retirement plus additional pay would be up to 25% of the active salary, with a specific cap tied to the relevant active judge’s pay and subject to funding.
• Imposes annual and per-year caps on total compensation during any calendar year, ensuring retired judges’ earnings do not exceed a set amount relative to regular judges in the same circuit.
• Outlines eligibility and certification requirements for interim service, including caseload-based need, approval by the Chief Justice and presiding judges, and annual re-certification; service can be terminated at any time.
• Preserves pay parity rules so that a retired judge serving in an active role receives the same pay as a regular judge for that role, and provides survivor (spouse) and disability benefits according to specified formulas.
• Includes nonsubstantive, technical revisions to update the code language to current style and specifies the act’s effective date (first day of the third month after passage).

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