By Senator Barron
Enrolled, An Act,
| SYNOPSIS: | Under existing law, elected public officials are prohibited from participating in the Employees' Retirement System. Because of the prohibition, certain elected officials are granted supernumerary status when they are retired from public office. |
| This bill would propose an amendment to the Constitution of Alabama of 1901, which would phase out the current supernumerary program for certain elected officials in Jackson County and would allow elected or appointed Jackson County officials, as defined, to participate in the State Employees' Retirement System. |
Proposing an amendment to the Constitution of Alabama of 1901, to provide that certain elected or appointed public officials in Jackson County may participate in the Employees' Retirement System in lieu of participating in a supernumerary program or system.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:PROPOSED AMENDMENT
No elected or appointed Jackson County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Jackson County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Jackson County officials holding office at the time of the ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Jackson County official" include, subject only to express limitation, any person elected to represent Jackson County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Jackson County official. The words do not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit.
Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, and the general election laws of this state.
Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:
"Relating to Jackson County, proposing an amendment to the Constitution of Alabama of 1901, to phase out the supernumerary system for certain public officials and allow elected or appointed county officials, as defined, to participate in the Employees' Retirement System.
"Proposed by Act ___________ "This description shall be followed by the following language:
"Yes ( ) No ( )."