Alabama Advisory Opinions December 08, 1998: AGO 1999-057 (December 8, 1998)

AGO 1999-057.

Dear Judge Wilters:

This opinion of the Attorney General is issued in response to your request.

If an official court reporter has a break in service and returns to work as an official court reporter, will the break in service affect that person's eligibility for supernumerary status?

Your request states that you wish to hire a person to serve as an official court reporter who is presently serving as an official court reporter but who wishes to take a break in service before taking the new appointment.

Official court reporters' eligibility for supernumerary status is provided for in section 36-27-52 of the Code of Alabama. This section provides:

(a) Any person serving as an official court reporter on August 13, 1987, shall have one year from such date to elect to be covered by the Employees' Retirement System of Alabama in lieu of eligibility to become a supernumerary court reporter. All elections under this provision shall be in writing and filed with the Administrative Office of Courts and with the Board of Control of the State Employees' Retirement System within the election period heretofore set forth. Provided, however, that the failure of any person to elect coverage under the Employees' Retirement System shall not affect their eligibility to qualify for supernumerary status and any official circuit court reporter who was employed on August 13, 1987, and did not elect to be covered by the Employees' Retirement System of Alabama may, upon reemployment as an official court reporter after a lapse in service, continue to accumulate creditable service towards eligibility for supernumerary status. Any official court reporter employed or appointed on or after August 13, 1987, shall automatically be covered under the Employees' Retirement System.

(b) Official court reporters electing to be covered under the Employees' Retirement System may elect within one year of August 13, 1987, to purchase creditable service in the Employees' Retirement System of up to five years for prior service as an official court reporter; . . .

Pursuant to this section of the Code, an official court reporter who has a lapse in service and is reappointed as an official court reporter may continue to accumulate creditable service for supernumerary status, provided she was serving as an official court reporter on August 13, 1987, and she did not elect to be covered by the Employees' Retirement System of Alabama during the election period.

According to the information provided in your request, the court reporter in question was serving as a court reporter on August 13, 1987, and elected to maintain eligibility under the supernumerary program during the election period. If this court reporter has a lapse in service but is reappointed as a court reporter, she may continue to accumulate creditable service towards supernumerary status.

The qualifications for electing to become a supernumerary court reporter are set forth in section 12-17-290 of the Code of Alabama and require the election to be made "while in service as an official circuit court reporter." ALA. CODE § 12-17-290 (1995). This opinion does not address whether the court reporter in question meets the qualifications for electing to become a supernumerary.

An official court reporter who has a lapse in service and is reappointed as an official court reporter may continue to accumulate creditable service towards supernumerary status, provided she was serving as an official court reporter on August 13, 1987, and she did not elect to be covered by the Employees' Retirement System of Alabama during the election period.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/BFS

W/11.98/f