Section 36-27D-1 Forfeiture or Suspension of Retirement Benefits; Refunds; Liability. (Amended by Act 2026-333)
AI-assisted research summary: Certain retirement-system members lose benefits after specified guilty pleas or convictions, and they may get a refund of contributions and interest.
AMENDED BY ACT 2026-333, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) On and after May 15, 2012, any individual who is an active or inactive member of the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement Fund 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 a felony offense if that offense is related to or arises out of, or in connection with, his or her service in that public position, and the individual shall be entitled to a refund of his or her retirement contributions and applicable interest. (b) On and after July 1, 2024, any individual who is an active or inactive member of the Employees’ Retirement System, the Teachers’ Retirement System, or the Judicial Retirement Fund 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 offense set forth in Article 4A of Chapter 6 or Division 4 of Article 4 of Chapter 12 of Title 13A, and the individual shall be entitled to a refund of his or her retirement contributions and applicable interest. (c) A retired member receiving benefits, upon a plea or judgment set forth in subsection (a) or (b), shall have his or her retirement benefit suspended. In the event a retired member receiving benefits has not received retirement benefits exceeding the amount of his or her contributions and interest, he or she shall receive a refund of his or her remaining contributions and interest. (d) Upon conviction of a crime as described in subsection (a) or (b), the trial court shall promptly provide written notice of the conviction to the Board of Control of the Employees’ Retirement System, the Board of Control of the Teachers’ Retirement System, or the Judicial Retirement Fund, or any combination thereof, as applicable. Any failure by the convicting court to provide notice pursuant to this subsection shall not affect or delay any forfeiture provision 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.