Alabama § 12-17-213 - Qualifications for Supernumerary Status - 60 Years of Age with Certain Service Requirements; 18 Years of Service with Certain Service Requirements.

§ 12-17-213. Qualifications for Supernumerary Status - 60 Years of Age with Certain Service Requirements; 18 Years of Service with Certain Service Requirements.

(a) Any individual now serving or having formerly served as a district attorney of a judicial circuit of Alabama who has served for not less than 18 years, when he or she has reached the age of 60 years, may elect to become a supernumerary district attorney by filing a written declaration to that effect with the Governor, and time served as judge of a court of record or a county court, a county solicitor or any other countywide elected official, a full-time deputy or assistant district attorney, or a licensed attorney employed full time by the State of Alabama, whether commissioned or appointed, or as an elected constitutional officer or other state official, shall be counted as time served toward accumulating the above required 18 years; provided, that the district attorney shall have served not less than 10 years as district attorney of a judicial circuit.

(b) Any district attorney of a judicial circuit who has served 18 years as circuit district attorney may elect to become a supernumerary district attorney by filing a written declaration to that effect with the Governor, and only two and one-half years served as judge of a court of record or a county court, a county solicitor, a full-time deputy or assistant district attorney, or a licensed attorney employed full time by the State of Alabama, whether commissioned or appointed, or as an elected constitutional officer or other state official, may be counted as time served toward accumulating the above required 18 years.

(c) On October 1, 2021, any individual who was elected or appointed as a district attorney prior to November 8, 2016, and held office as a district attorney through or after January 1, 2019, may elect to become a supernumerary district attorney by filing a written declaration to that effect with the Governor. Prior time served as a judge of a court of record, a full-time deputy or assistant district attorney, a licensed attorney employed full time by the State of Alabama, or a district attorney shall be counted as time served toward accumulating the 18 years required in this section.

(d) Notwithstanding Section 36-27-16, any district attorney who qualifies under this division to receive a salary pursuant to Section 12-17-215 and also qualifies to receive a pension under any of the Retirement Systems of Alabama, at the time of separation from state service, may receive a salary under Section 12-17-215 and a pension by filing a written declaration with the Governor and the applicable retirement system, provided that applicable time and credit are based on separate years of service. This subsection shall not prohibit survivor benefits that may be available under any of the Retirement Systems of Alabama.

(e) A supernumerary district attorney who is receiving a salary pursuant to Section 12-17-215 may also be employed by, or perform duties in any capacity, including as an independent contractor for, any employer participating in the Employees’ Retirement System; provided, however, the supernumerary district attorney’s compensation from the employer in a calendar year may not exceed the salary limitation described and calculated pursuant to Section 36-27-8.2(a).