AGO 1996-134.

• Case Date: February 09, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-134. 1996-134February 9, 1996Honorable Thomas T. Gallion, III Attorney at Law Montgomery County Commission P.O. Box 4660 Montgomery, AL 36103-4660 Circuit Judges - Retirement - Supplements - Funds - Judges Supplementary benefits are not payable under Act No. 1024 of the 1973 Regular Session of the Alabama Legislature to a retired judge who assumes a new judicial office.Dear Mr. Gallion: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Whether under Act No. 1024 of the 1973 Regular Session of the Alabama Legislature the Montgomery County Commission should continue payment of a supplemental retirement check to a retired judge who has been elected and assumed office as Chief Justice of the Alabama Supreme Court. FACTS AND ANALYSIS Prior to his election as Chief Justice of the Alabama Supreme Court the Honorable Perry O. Hooper, Sr., served as Probate Judge and then Circuit Judge of Montgomery County and retired as Circuit Judge of Montgomery County on February 4, 1983. During the period of his retirement Montgomery County paid Judge Hooper supplementary benefits under Act No. 1024 of the 1973 Regular Session of the Alabama Legislature. Act No. 1024 is an act providing for a county supplement that is separate and apart from the Judicial Retirement System. Under Act No. 1024 judges do not make contributions and the supplement is paid from the county treasury as an incident of retirement. This supplement is unlike retirement benefits paid from the judicial system because under that system judges make contributions and the retiring judge must make an application for benefits. Under Act No...