SB72 Alabama 2021 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Will BarfootSenator
Republican
Session: Regular Session 2021
Title: Supernumerary status, district attorneys, qualifications, removing minimum years of service and age requirement, Sec. 12-17-213 am'd.
Summary: SB72 changes how Alabama district attorneys qualify for supernumerary status by revising eligibility, how service time counts toward the requirement, and related salary/pension rules.
What This Bill Does
It revises the eligibility criteria for supernumerary district attorneys by allowing time served in various roles to count toward the 18-year requirement, while maintaining an age 60 threshold and at least 10 years as DA in the baseline path. It creates an alternative path where a DA with 18 years of DA service can count as little as 2.5 years of other service toward the 18-year total. It adds a grandfather clause for certain DAs elected before 2016 who served into 2019, letting their prior time count toward eligibility. It requires a choice between salary and pension upon separation from state service, and allows limited outside work for a supernumerary DA under a compensation cap.

Who It Affects
Current and former district attorneys in Alabama who may elect to become supernumerary under the revised time-counting rules.
Supernumerary district attorneys and retirement-system participants who face the new salary-vs-pension election and the limited outside-employment rules.

Key Provisions
Amends Section 12-17-213 to modify eligibility for supernumerary status, maintaining an 18-year requirement, age 60, and at least 10 years served as district attorney, with time from other roles counting toward the 18 years.
Allows an alternative path: a district attorney with 18 years of DA service may elect supernumerary status and count only 2.5 years of non-DA service (e.g., judge, county official, or full-time state-employed attorney) toward the 18-year total.
Adds a grandfather provision for those elected or appointed as district attorney before November 8, 2016 and who held office through or after January 1, 2019 to elect supernumerary status with prior time counted toward 18 years.
Section 2: When a district attorney separations from state service, they must choose to receive either a salary under Section 12-17-215 or a pension, with survivor benefits not prohibited.
Section 3: A supernumerary district attorney receiving a salary may also work for other employers in the Employees' Retirement System, but annual compensation cannot exceed the salary limit set by the state retirement rules.
Section 4: The act becomes effective October 1, 2021.

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