§ 24-12-121 — City clerk - Clerk-treasurer

(a) (1) A city clerk or clerk-treasurer in a city of the first class may retire from office for the remainder of his or her life at the retirement pay provided in this section if the person has served as city clerk, clerk-treasurer, or city treasurer for: (A) Not less than ten (10) years, upon reaching sixty (60) years of age; or (B) Twenty (20) years, without regard to age. (2) On January 1 of each year, if a retiree under this section has been retired for at least twelve (12) full months, up to a three percent (3%) cost-of-living increase will be added. (3) Subdivision (a)(2) of this section applies only if approved by the governing body of the city. (b) (1) Any city clerk, city treasurer, or any person serving as city clerk or clerk-treasurer who shall retire or be succeeded by another city clerk or clerk-treasurer within the provisions of this section shall be paid monthly a sum equal to one-half (½) of the monthly salary received by him or her during the last preceding year of his or her service. (2) The retirement pay shall be paid by the city from its general fund account. (c) (1) Any city clerk or clerk-treasurer in a city of the first class who has served in another capacity with the same city, and that capacity of service also provides for a retirement plan, may apply all years served in that previous capacity toward the accrual of the vesting period provided for in subsection (a) of this section, if approved by the city council. (2) Benefits shall be paid proportionally from the various funds applicable to the respective capacities of service. This shall be based on the length of service in each capacity for the city. (d) (1) Upon the death of any city clerk or clerk-treasurer who retired under the provisions of subsection (a) of this section or any other state statute or any city clerk or clerk-treasurer who dies in office after becoming eligible to retire under subsection (a) of this section or any other state statute, the legally recognized spouse of the city clerk or clerk-treasurer married to the city clerk or clerk-treasurer ten (10) years or longer may receive, at the option of the governing body of the city, one-half (½) of the retirement benefit the retired city clerk or clerk-treasurer was receiving or one-half (½) of the retirement benefit the city clerk or clerk-treasurer who died in office was entitled to receive. (2) Upon remarriage of the spouse, the benefits shall cease.

Legislative History

Acts 1957, No. 313, §§ 1, 2; 1971, No. 356, §§ 1, 2; A.S.A. 1947, §§ 19-1031, 19-1032; Acts 1987, No. 117, § 1; 1993, No. 1103, § 1; 2007, No. 158, § 1; 2007, No. 293, § 1.