(a) An individual who is an active or inactive member of the Employees’ Retirement System, the Teachers’ Retirement System, the Judicial Retirement Fund, or any other retirement plan administered by the Retirement Systems of Alabama who has an accrued benefit shall forfeit retirement benefits upon a guilty plea, a plea of no contest, or a final judgment by the trial court of any of the following:
- (1) Any felony offense if that offense is related to or arises out of, or in connection with, the individual’s service in that public position.
- (2) Any offense set forth in Article 4A of Chapter 6 or Division 4 of Article 4 of Chapter 12 of Title 13A.
- (b) The retirement contributions and applicable interest forfeited pursuant to subsection (a) shall be used to pay restitution to the public agency, institution, or other entity harmed by the felony offense, if applicable, with any remaining balance refunded to the individual.
- (c) A retired member receiving benefits, upon a plea or judgment set forth in subsection (a) shall have his or her retirement benefit suspended. If a retired member receiving benefits has not received retirement benefits exceeding the amount of his or her contributions and interest, the remaining contributions and interest of the retired member shall be used to pay restitution to the public agency, institution, or other entity harmed by the felony offense, if applicable, with any remaining balance refunded to the retired member.
- (d) Upon conviction of a crime described in subsection (a), the prosecutor shall promptly provide written notice of the conviction to: (i) the Board of Control of the Employees’ Retirement System, the Board of Control of the Teachers’ Retirement System, the Judicial Retirement Fund, or other retirement plan funded from public funds, or any combination thereof, as applicable; or (ii) if the convicted individual held a supernumerary position, the state or a county, as applicable. Any failure by the prosecutor to provide notice pursuant to this subsection shall not affect or delay any forfeiture provision or requirement to pay restitution set forth in this section.
- (e) Officers and employees of the Employees’ Retirement System, the Teachers’ Retirement System, and the Judicial Retirement Fund are immune from any civil or criminal liability for any action taken pursuant to this section.
- (f) The remedies provided in this section are not exclusive and do not preclude any other available remedy at law.
(Act 2012-412, p. 1122, §§1, 2; Act 2024-289, §1; Act 2026-333, §1.)