SB4 Alabama 2023 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Second Special Session 2023

Title

Relating to the Employees' Retirement System; to amend Section 36-27-8.2, Code of Alabama 1975, as last amended by Act 2023-334 of the 2023 Regular Session, to temporarily permit certain retired state police officers performing duties as school resource officers or as correctional officers to serve without suspension of their retirement allowance.

Summary

SB4 temporarily allows certain ERS retirees, including state police retirees, to work as school resource officers or correctional officers without suspending retirement benefits, under strict earnings limits and a sunset date.

What This Bill Does

It allows ERS/TRS retirees to work for participating employers without having their retirement allowance suspended, as long as they are not in permanent full-time positions and earnings stay within a baseline limit of $30,000 (2016) adjusted each year by the CPI. It creates a higher, separate limit for certain peace-officer and correctional-officer retirees (up to $52,000 per year) who work as school resource officers or correctional officers, provided they were classified as law enforcement, state policeman, or a correctional officer before retirement. Employers must verify compliance and retirees must certify required information and give 30 days’ written notice if they will be full-time or will exceed the earnings limit. The measure also allows retired elected officials to serve in public office without suspension of retirement benefits, as long as they do not collect both a pension and a salary, and it includes a sunset ending the program after December 31, 2026 with an effective date of August 1, 2023.

Who It Affects

• Retired ERS/TRS members who return to work for participating employers in non-full-time roles, with earnings kept under the applicable limits.
• Retired state police officers and other qualified peace officers who serve as school resource officers or correctional officers, up to $52,000 per year, without suspension of retirement benefits.
• Retired elected officials who may serve in public office without suspension of retirement benefits, provided they do not receive both pension and salary and earnings stay within limits.
• Employing authorities (state, counties, municipalities) and the Employees' Retirement System and related agencies responsible for ensuring compliance, reporting, and notification.

Key Provisions

• Amends Section 36-27-8.2 to allow ERS/TRS retirees to work without suspension of benefits if not employed full-time and earnings stay within a $30,000 baseline (2016) adjusted annually by CPI.
• Adds a separate provision for certain peace-officer/correctional-officer retirees to work as SROs or correctional officers without suspension up to $52,000 per year, based on prior retirement classifications and other conditions.
• Requires the employing authority to ensure compliance; retirees must certify information and give written notice within 30 days of learning they will be full-time or will exceed the limit.
• Allows retired elected officials to serve without suspension of benefits, but prohibits receiving both a pension and a salary, with earning limits applying as in the general provision.
• Includes a sunset: no one may be employed under these provisions after December 31, 2026, and the act becomes effective August 1, 2023.

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