Code of Alabama
Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally.
Section 12-18-7 - Filing of Declaration as to Intention to Retire by Justices of Supreme Court, Judges of Courts of Appeals and Judges of Circuit Courts; Endorsement and Forwarding Thereof by Chief Justice of Supreme Court; Oath, Powers, Duties, etc....

(a) Any justice of the Supreme Court or any judge of one of the courts of appeals or of a circuit court of the state who desires to be retired pursuant to this article shall file a written declaration relative to his intention to elect such retirement with the Chief Justice of the Supreme Court, who, upon finding the existence of the conditions prerequisite to such retirement, shall endorse his findings thereon and forward said declaration to the Secretary-Treasurer of the Judicial Retirement Fund.
(b) The retiring justice or judge, upon being retired, shall take the oath of office as a retired justice or judge and thereupon become an extra or additional judge of the state. Thereafter, on the request of the Chief Justice, the presiding judge of one of the courts of appeals or the Governor, any such retired justice or judge may serve on the Supreme Court, on either of the courts of appeals or on any circuit court in the state. Such retired justice or judge, when serving on a court in the absence or disqualification of the regular justice or judge, as the case may be, shall have and exercise all the duties and functions of the regular justice or judge for whom he is substituting. When serving on a court for reasons other than the absence or disqualification of the regular justice or judge, the duties of a retired justice or judge shall be as prescribed by the Chief Justice when serving on the Supreme Court or by the presiding judge when serving on a court of appeals or by the presiding judge, when serving in a circuit court; provided, that nothing contained in this provision shall prevent the Chief Justice from assigning a justice or a judge to special temporary duty in other courts. A recital in the minutes of the court that a regular justice or judge is absent or disqualified and that a retired justice or judge is sitting in his place at the request of the Chief Justice, the presiding judge of one of the courts of appeals or the Governor shall be conclusive evidence of his authority to act.
(c) The Chief Justice or any associate justice of the Supreme Court or any judge of a court of appeals or a circuit court who becomes 70 years of age during the term for which he has been elected and is serving, who is qualified to be retired pursuant to this article and who does not at or before the expiration of his term file his written declaration stating that he intends to retire at the end of the term he is then serving shall be deemed to have waived and forfeited his right to receive any retirement benefits under this article. He shall, however, be entitled to a refund of his contributions to the retirement fund.

Structure Code of Alabama

Code of Alabama

Title 12 - Courts.

Chapter 18 - Judicial Retirement.

Article 1 - Judicial Retirement Fund; Justices of Supreme Court, Judges Ofcourts of Appeals and Judges of Circuit Courts Generally.

Section 12-18-1 - Judicial Retirement Fund Created; Composition of Fund.

Section 12-18-2 - Administration of Fund; Disbursement of Funds; Appeals From Decisions of Board of Control.

Section 12-18-3 - Appropriation of Moneys by Legislature for Judicial Retirement Fund; Payment of State Contributions to Fund in Event of Failure of State to Appropriate Moneys, etc., for Fund.

Section 12-18-4 - Entitlement to Retirement and Receipt of Pension of Justices of Supreme Court, Judges of Courts of Appeals and Judges of Circuit Courts Generally; Retirement Order.

Section 12-18-5 - Applicability of Article to Justices and Judges; Contributions to Retirement Fund; Granting of Credit for Military Service.

Section 12-18-6 - Eligibility for Retirement of Justices of Supreme Court, Judges of Courts of Appeals and Judges of Circuit Courts.

Section 12-18-7 - Filing of Declaration as to Intention to Retire by Justices of Supreme Court, Judges of Courts of Appeals and Judges of Circuit Courts; Endorsement and Forwarding Thereof by Chief Justice of Supreme Court; Oath, Powers, Duties, etc....

Section 12-18-8 - Transfer Into Judicial Retirement Fund of Contributions Made to Employees' Retirement System of Alabama and Receipt of Credit for Prior Service Under Employees' Retirement System, etc., Upon Payment of Contribution for Prior Years o...

Section 12-18-8.1 - Time of Service as Full-Time State Prosecutor, etc., May Be Credited as Time in Judicial Position With Judicial Retirement System.

Section 12-18-8.2 - Eligibility for Retirement of Circuit Judges; Credit for Former Service in Executive Department of State; Credit for Service as Full-Time Assistant District Attorney, Deputy District Attorney or Assistant Attorney General.

Section 12-18-8.3 - Restoration of Prior Creditable Service; Participation in Other Public Retirement Systems.

Section 12-18-9 - Offices Deemed Vacant Upon Retirement of Justices of Supreme Court, Judges of Courts of Appeals or Judges of Circuit Courts; Filling of Vacancies.

Section 12-18-10 - Retirement and Disability Benefits of Justices of Supreme Court, Judges of Courts of Appeals and Judges of Circuit Courts; Payment of Benefits to Spouses Upon Death of Justices or Judges; Call to Active Duty Status of Retired Justi...

Section 12-18-11 - Crediting to Circuit Court Judges Toward Retirement of Prior Service for Which Entitled to Credit Toward Supernumerary Status in Position Other Than as Circuit Judge.

Section 12-18-12 - Applicability of Provisions of Article to Future Additional State Judicial Offices.

Section 12-18-13 - Construction of Article.

Section 12-18-14 - Compliance With Qualification Standards.