HB46 Alabama 2023 Session

Summary

Primary Sponsor

Allen TreadawayRepresentative

Republican

Session

Regular Session 2023

Title

To amend Section 36-27-8.2, Code of Alabama 1975, relating to the Employees' Retirement System, to permit any individual retired under the Employees' Retirement System, who was previously classified as a law enforcement officer, to perform duties as a school resource officer without suspension of his or her retirement allowance.

Summary

HB46 would let retired Alabama Employees' Retirement System members who were law enforcement officers work as school resource officers without losing retirement benefits, and it sets earnings rules for other retirees who return to similar work.

What This Bill Does

It would amend the retirement law to allow any retiree from the Employees' Retirement System who was classified as a law enforcement officer to perform duties as a school resource officer without suspension of retirement benefits. For other retirees who return to work as SROs, the bill would allow non-permanent, non-full-time work with an earnings cap starting at $30,000 in 2016, adjusted annually by CPI. The bill also lets retired elected officials serve in compensated public offices without suspending retirement benefits, but not to accrue additional TRS or ERS benefits and not to receive both pension and salary at the same time; earnings must stay within the same limits. It requires employers to verify compliance and for retirees to notify the system and employer within 30 days if they will work full-time or exceed the earnings limit, and it becomes effective immediately upon passage and governor approval.

Who It Affects

• Retired Employees' Retirement System members who were classified as law enforcement officers, who would be able to serve as school resource officers without suspending their retirement benefits.
• Other retirees from the Employees' Retirement System or Teachers' Retirement System who return to work as school resource officers, who would face an annual earnings limit that increases with inflation and is not allowed to work permanent full-time.
• Employing authorities and employers participating in the Employees' Retirement System or Teachers' Retirement System, who would need to ensure compliance and verify information for retirees under these rules.
• Retired elected officials, who could serve in compensated public office without suspending retirement benefits, provided they do not accrue additional retirement benefits or double-dip and stay within the earnings limits.

Key Provisions

• Section (a): Allows any ERS retiree to perform duties in any capacity, including independent contractor, as a school resource officer without suspending retirement, as long as not in permanent full-time capacity and earnings in 2016 do not exceed $30,000; the limit increases annually with CPI and is rounded to the nearest $1,000.
• Section (b): Allows retired elected officials to serve for compensation in public office without suspension of retirement benefits, but they may not accrue additional TRS/ERS benefits or receive both pension and salary; eligibility depends on compensation staying within the annual earnings limit of (a).
• Section (c): Places compliance responsibility on the employing authority; retirees must certify required information and provide written notice within 30 days of learning they will work full-time or exceed the earnings limit.
• Section (d): Specifically allows retirees who were law enforcement officers to serve as school resource officers without any earnings limit, with retirement benefits not suspended.
• Section 2: The act becomes effective immediately upon passage and governor approval.

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