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AL HB371
Bill
Status
5/25/2023
Primary Sponsor
Jamie Kiel
Click for details
AI Summary
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Amends Alabama Code Sections 16-25-23 and 36-27-28 to allow courts to order restitution payments from Teachers' Retirement System and Employees' Retirement System benefits in criminal cases when restitution ordered is $1,000 or greater and the individual is a current retiree or beneficiary.
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Court-ordered payments are limited to no more than 25 percent of the retiree's or beneficiary's gross monthly benefit, less any deductions for child support or health insurance for dependents.
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Case must be assigned to the district attorney's restitution recovery division, and the district attorney must file a motion with the court to authorize the payment diversion.
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Court order must contain specific information including the individual's name, date of birth, Social Security number, case numbers, county, circuit clerk information, and the amount or percentage of funds to be diverted.
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District attorney must notify the court when restitution is paid in full, and any overpayments received by the circuit clerk must be returned to the retirement system within 60 days; becomes effective on the first day of the third month following passage and approval.
Legislative Description
Relating to retirement benefits; to amend Sections 16-25-23 and 36-27-28, Code of Alabama 1975, to revise the circumstances in which an individual's pension, annuity, or retirement allowance benefits under the Teachers' Retirement System and the Employees' Retirement System are subject to certain recovery actions.
Last Action
Read Second Time in Second House
5/31/2023