Proposal would increase salary cap for state retirees returning to some jobs

MONTGOMERY, Ala. — A proposal in the Alabama Legislature would allow retired state law enforcement officers to work as sheriff’s deputies, city police officers and school bus drivers without disrupting their retirement pay.

Senate Bill 28 by Sen. Chris Elliott, R-Josephine, was briefly discussed on the Senate floor Thursday morning and he asked that a vote be delayed while he addresses colleagues’ concerns about negatively impacting the Retirement Systems of Alabama.

The state’s “double dipping” law says former state employees whose retirement is funded through RSA can only work for state agencies on a part-time basis and their incomes are capped. That cap is now $40,000.

Elliott’s proposal would cap the retirees’ new incomes at $52,000 per year. It would also allow retired teachers or state employees with law degrees to be assistant district attorneys.

The Legislature has previously raised that cap to $52,000 for law enforcement retirees who become school resource officers, correctional officers, university law enforcement and firemedics, those certified in both firefighting and emergency medical services.

Elliott’s bill says retired law enforcement officers with Alabama Peace Officers’ Standards and Training certification could also be sheriff’s deputies, municipal police officers or school bus drivers.

The $52,000 caps, including those already in effect, expire in 2030 unless lawmakers extend it.

Elliott said he brought the bill after hearing from law enforcement agencies and district attorneys who are short staffed.

“(That state) has spent all this time, energy and effort trying and certifying these folks … why don’t we see what we can do to keep them around and working,” he said Thursday.

Sen. Linda Coleman-Madison, D-Birmingham, told Elliott she likes the concept but there needs to be an estimate of how many people might be hired under Elliott’s bill.

More from this section

Iranians struggle as internet shutdown hits livelihoods

This is spinal... brat? Charli xcx stars in mockumentary 'The Moment'

American daredevil free-climbs Taiwan's tallest building

“The folks who are asking for this, whether it’s law enforcement, district attorneys or bus drivers, they will be all too happy to let you know just what kind of need they’re seeing, how many vacancies they have,” Elliott said.

Sen. Arthur Orr, R-Decatur, said Elliott’s bill highlights the state’s need to hire more law enforcement officers and other positions.

“The problem is, it affects (the Retirement Systems of Alabama) and our funding,” Orr said.

He went on to say RSA is about 70% funded, which “is not that good.”

“This harms RSA to the extent people say, I’m going to retire, get my RSA retirement, and come right back to work and get paid retirement plus my salary,” Orr said.

“The actuaries hadn’t counted on that. They’re counting on people working 27 years, 28 years, 29 years, 30 years. But with these type programs, the incentive to keep working might go away if they’re gong to double draw a salary and retirement.”

Meanwhile, Orr said, when retirees return to state employment, the agency they work for isn’t contributing to the retirement system for them as they would for a brand new state employee. Having contributions for fewer new state employees further harms the retirement systems, Orr said.

“This is a small subset of people,” Orr said about Elliott’s proposal. “But there are a whole lot of other people who perhaps would like to get this deal and will be knocking on our door.”

Elliott on the Senate floor said information he’s received from RSA shows his bill would have a “negligible” impact on RSA.