Act 2026-286 Temporary Retiree Return-to-Work Exceptions

Act 2026-286 established temporary return-to-work exceptions for retirees thru December 31, 2032.

School Bus Driver

TRS and ERS retirees can work as a permanent, full-time school bus driver without the suspension of monthly retirement benefits if they meet these requirements:

1. must have retired on or before January 1, 2026, or
2. must have received retirement benefits for at least 12 consecutive months

Retirees are subject to the postretirement earnings limitation, which is $40,000 for the 2026 calendar year. Retirees with PEEHIP coverage will maintain PEEHIP eligibility as retirees and are not eligible for active PEEHIP coverage while in receipt of retirement benefits.

Law Enforcement Officer

ERS and TRS retirees who are APOST certified, and who worked in an APOST certified position prior to retirement, can return to full time employment without the suspension of benefits if employed in one of these APOST certified positions:

1. School Resource Officer, or
2. Correctional Officer, or
3. Police officer at any state college or university, or
4. Sheriff’s Deputy, or
5. Municipal Police Officer, or
6. Law Enforcement Officer, or
7. State Policeman
   • a. Earnings limited to $52,000 per calendar year
   • b. Minimum service requirements to qualify will increase each year
     • 25 years on 1/1/2027
     • 26 years on 1/1/2028
     • 27 years on 1/1/2029
     • 28 years on 1/1/2030
     • 29 years on 1/1/2031
     • 30 years on 1/1/2032 and each year thereafter

Assistant District Attorney

ERS and TRS retirees can perform duties as an Assistant District Attorney without the suspension of benefits if they meet these requirements:

1. Minimum 25 years of service
2. Licensed to practice law in Alabama
3. Earnings limited to $52,000 per year
4. Minimum service requirements:
   • 26 years on 1/1/2028
   • 27 years on 1/1/2029
   • 28 years on 1/1/2030
   • 29 years on 1/1/2031
   • 30 years on 1/1/2032 and each year thereafter