SB28 Alabama 2026 Session

Updated Feb 19, 2026

Summary

Primary Sponsor: Chris ElliottSenator
Republican
Session: 2026 Regular Session
Title: Retired state employees; work as law enforcement officer or assistant district attorney authorized
Summary: SB28 would allow certain Alabama retirement-system retirees to return to work in specific public-safety and legal roles without losing their retirement benefits, subject to earnings limits and staged eligibility rules.
What This Bill Does
It lets ERS or TRS retirees with the appropriate peace-officer certification or law license to serve in roles such as sheriff's deputy, municipal police officer, school resource officer, correctional officer, or state college/university police officer without suspending retirement benefits, provided earnings do not exceed set caps. The base earning limit for general post-retirement work starts at $30,000 (in 2016) and is adjusted annually by CPI, with higher caps ($52,000) for specific law-enforcement and related positions, and additional rules for bus drivers and fire/EMS personnel. The bill also requires compliance checks by employers and notification by retirees, and it gradually raises the minimum years of service required to qualify for these post-retirement roles, with several time-based milestones and a sunset/end date for certain provisions. It has retroactive applicability to January 1, 2023, and an effective date of October 1, 2026.

Who It Affects
ERS and TRS retirees who meet certification and prior job-classification requirements; they could return to work in designated roles without losing retirement benefits, as long as their earnings stay under the specified limits.
Public employers and agencies (e.g., sheriff's offices, municipal police departments, state colleges/universities, Department of Corrections, school districts, and district attorney offices) that hire retirees for these roles; they must verify eligibility, track earnings, and ensure compliance with the program's limits and notice requirements.

Key Provisions
Allows ERS/TRS retirees to perform duties in various roles, including sheriff's deputy, municipal police officer, school resource officer, corrections officer, and state college/university police officer, without suspension of retirement benefits if earnings do not exceed $52,000 per year (with specific caps and criteria for each role).
General post-retirement work (including independent contractors) is permitted with no permanent full-time employment and an initial earnings cap of $30,000 (2016), increasing annually by the Consumer Price Index and rounded to the nearest $1,000; increases apply starting in 2017 and must be based on the 12-month period ending September 30.
Assists law practice for retirees licensed to practice law by allowing them to serve as assistant district attorney with a $52,000 annual cap, without suspending retirement benefits.
Bus driver provision authorizes certain retirees to work as permanent full-time bus drivers under specific earnings conditions, with a separate mechanism allowing some pre-2026 retirees to be hired without the 12-month retirement-draw requirement; minimum years of service to qualify increase over time (26-30 years from 2027 to 2031 and thereafter).
Firefighter/EMS provision permits retirees with firefighter certification and EMS credentials to serve as firemedics with a $52,000 cap, commensurate with duties performed.
The act includes retroactive application to January 1, 2023, and a sunset date limiting employment under certain subsections to no later than December 31, 2030 (2032 appears as a formatting artifact in the document); there is an effective date of October 1, 2026, for the act.
Employers must ensure compliance, and retirees must certify required information and notify the ERS and employer within 30 days of postretirement employment when it begins or when employment status or earnings change.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: State & State Officers