HB293 Summary

• Amends sections 16-25-23 and 36-27-28 of the Alabama Code to allow pension benefits from the Teachers' Retirement System and Employees' Retirement System to be subject to recovery for criminal restitution, fines, court costs, and fees under specified conditions.

• Permits courts to order up to 25 percent of a retiree's or beneficiary's gross monthly benefit (less child support or health insurance deductions) to be diverted to pay criminal obligations when the restitution amount is $1,000 or greater.

• Requires three conditions be met before benefits can be diverted: restitution of at least $1,000 is ordered, the individual is currently receiving retirement benefits, and the case is assigned to the district attorney's restitution recovery division.

• Mandates detailed court orders specifying the individual's identifying information, amounts owed, case numbers, county, and circuit clerk contact information before any diversion can occur.

• Requires the district attorney to notify the court when obligations are paid in full, at which point the court must issue an order stopping the diversion; any overpayments must be returned to the retirement system within 60 days.