Senate Bill 58 Alabama 2026 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

2026 Regular Session

Title

Public Corruption; convicted public servant's retirement contributions forfeited to pay restitution; convicted public servant's compensation while on leave with pay forfeited

Summary

SB58 changes how retirement benefits and pay are handled for convicted public servants by diverting retirement contributions to restitution and requiring repayment of pay while on leave.

What This Bill Does

Retirement contributions (with interest) made by a public servant convicted of a related felony would be used to pay restitution to the harmed agency or entity, with any remaining balance refunded to the member. Conviction would trigger suspension of retirement benefits and forfeiture of those benefits, with forfeited contributions used for restitution and any leftover refunded to the retiree. The bill also requires repayment of all compensation received while on paid leave after conviction and allows public funds to be used for defense during investigations only before indictment. It becomes effective October 1, 2026.

Who It Affects

• Active or inactive public servants who are members of the Employees' Retirement System, Teachers' Retirement System, or Judicial Retirement Fund; their retirement contributions could be diverted to restitution and their retirement benefits could be suspended on conviction.
• Public agencies, institutions, or other entities harmed by the offenses, and the retirement systems' boards that administer the funds; they would receive restitution payments and oversee the process.

Key Provisions

• Retirement contributions and interest forfeited by a convicted public servant would be used to pay restitution to the harmed agency, with any remaining balance refunded to the employee.
• Conviction would cause retirement benefits to be suspended; forfeited contributions and interest would first pay restitution and any leftover balance would be refunded to the retiree.
• A public servant on paid leave with pay would be required to repay all compensation received since the offense upon conviction.
• Public funds could be used to defend an official under investigation only before indictment; after indictment, public funds may not be used for defense.
• The trial court must notify the applicable retirement boards of conviction, and such notice does not affect the restitution requirements.
• The act includes nonsubstantive, technical revisions to update code language and becomes effective October 1, 2026.

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

Subjects

Government Administration