Section 45-40-80.02 - Supplemental retirement benefit(a) The circuit and district court judges of the Thirty-sixth Judicial Circuit who are holding office on May 29, 1984, shall have six months from May 29, 1984, to make an election, in writing, with the county commission of the county comprising the circuit to come within this section. Each circuit and district court judge appointed or elected to office in the Thirty-sixth Judicial Circuit after May 29, 1984, shall come under this section as a matter of law.(b) Each circuit and district court judge coming under this section shall contribute annually to the county treasury of the county comprising the Thirty-sixth Judicial Circuit six percent of his or her annual salary supplement derived from the county. Such percentage shall be payable in equal monthly installments and shall be deducted by the county treasurer from the judge's salary supplement and credited to an individual account of the judge from whose salary supplement it was deducted.(c) Upon the effective date of the retirement of any circuit or district court judge of the Thirty-sixth Judicial Circuit coming under this section, whether such retirement is based upon a service or a disability retirement as defined under the judicial retirement laws, such retired judge shall begin receiving, as additional benefits and payable from the county treasury, an annual sum equal to 40 percent of the annual benefits payable to such retired judge from the state Judicial Retirement Fund. The benefits provided in this section are supplemental to any benefits payable from the state Judicial Retirement Fund to the retired judge.(d) Should the service of any circuit or district court judge who comes under this section be terminated prior to the time that he or she becomes entitled to receive retirement benefits from the state Judicial Retirement Fund and the additional benefits provided herein, then such judge shall have the right to elect to withdraw from the county treasury and to have refunded to him or her his or her contributions to the county treasury plus accrued interest thereon, as may be determined by the county treasurer; provided, that should such judge elect not to withdraw his or her contributions from the county treasury he or she shall be entitled to receive a certificate from the county treasurer showing that such judge did come under this section and the total amount of such judge's contributions from his or her county salary supplement to the county treasury. If such judge has accumulated sufficient time of service for retirement under Chapter 18 of Title 12, upon reaching a retirement age or upon becoming permanently disabled, as defined in the judicial retirement laws, or upon his or her death, such certificate may be filed as proof of his or her participation under this section with the then county treasurer and such judge, upon his or her entitlement to the benefits payable from the state Judicial Retirement Fund, shall begin receiving the additional benefits provided in subsection (c); provided, that should any judge subject to this section die at any time before becoming eligible for the benefits provided herein or before recouping the equivalent of his or her total contributions to the county treasury, plus accrued interest thereon, such contributions and interest, or any remaining portion thereof, shall be payable by the county treasurer to the deceased judge's estate.Ala. Code § 45-40-80.02 (1975)
Act 84-432, p. 1012, §§1-4.