Ex Parte Employee's Retirement System of Alabama

We granted this petition for the writ of certiorari to allow the Court to address the question whether § 36-27-16(e)(1), Ala. Code 1975, requires suspension of retirement benefits upon a State retiree's reemployment with the State or with a county, city, or other governmental unit participating in the Employees' Retirement System ("ERS"); or whether suspension of retirement benefits is required only upon such reemployment when additional retirement credit is accrued.

Johnny B. Nesmith, a retired state trooper, sought to contract with the City of Cullman to work for one year as an investigator…