(a) Any individual who is retired under the Employees’ Retirement System may perform duties in any capacity, including as an independent contractor, with any employer participating in the Employees’ Retirement System or the Teachers’ Retirement System without suspension of his or her retirement allowance provided that (1) the individual is not employed in a permanent full-time capacity and (2) the individual’s compensation from the employer in calendar year 2016 does not exceed thirty thousand dollars ($30,000). Beginning in calendar year 2017, and each calendar year thereafter, the annual earning limit shall be increased by the same percentage increase as the increase in the Consumer Price Index for all urban consumers as published by the U.S. Department of Labor, Bureau of Labor Statistics.

Any increase in the annual earning limit shall be rounded to the next lowest multiple of one thousand dollars ($1,000) with any amount in excess of the one thousand dollar ($1,000) multiple considered in determining the increase for the following year. Each adjustment shall be based on the increase in the index for the preceding 12-month period ending on September 30 and the increase shall be effective for the following calendar year.

Terms Used In Alabama Code 36-27-8.2

  • following: means next after. See Alabama Code 1-1-1
  • preceding: means next before. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
(b) Any individual serving as an elected official who has retired from the Employees’ Retirement System may serve for compensation in an elected public office with the state, a county, or an incorporated municipality without suspension of retirement benefits; provided that under no circumstances shall such an individual participate in or accrue additional benefits under the Teachers’ Retirement System or the Employees’ Retirement System, and provided that under no circumstances shall an individual whose retirement is based upon service as an elected official continue in or return to the office and receive both pension benefits and salary; provided further, that this subsection shall apply to elected officials whose participation in the Teachers’ Retirement System or the Employees’ Retirement System is constitutionally required to be upon the same terms and conditions as specified by law for other employees in the retirement system if the elected official’s compensation does not exceed the annual earning limits provided in subsection (a).
(c) The responsibility for compliance with this section is placed upon the employing authority, and each retiree performing duties under this section shall certify to the employer any information required in order to carry out this section. The retiree shall provide written notice of the postretirement employment under this section to the Employees’ Retirement System and employing authority within 30 days after the date the retiree knows or should know that he or she will be performing duties on a full-time or permanent basis or will earn an amount in excess of the annual earning limit under this section.
(d)

(1) Any individual who is retired under the Employees’ Retirement System, has the applicable Alabama Peace Officers’ Standards and Training certification, and was classified as either a law enforcement officer, as defined in Section 36-27-59, or a state policeman, as defined in Section 36-27-1, prior to retirement, may perform duties as either a school resource officer, as defined in Section 16-1-44.1, or a correctional officer with the Department of Corrections without suspension of his or her retirement allowance, provided that the compensation earned does not exceed fifty-two thousand dollars ($52,000) per year.
(2) Any individual who is retired under the Employees’ Retirement System, has the applicable Alabama Peace Officers’ Standards and Training certification, and meets any of the following criteria, may perform duties as a correctional officer with the Department of Corrections without suspension of his or her retirement allowance, provided that the compensation earned does not exceed fifty-two thousand dollars ($52,000) per year:

a. Was classified as a law enforcement officer, as defined in Section 36-27-59, prior to retirement.
b. Was classified as a state policeman, as defined in Section 36-27-1, prior to retirement.
c. Was classified as a correctional officer, as defined in Section 36-27-59, prior to retirement, and retired pursuant to paragraph c. of Section 36-27-16(a) (1).
(3) No individual may be employed pursuant to this subsection after December 31, 2026.
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