Proposed law would make theft of employee retirement benefits a felony in Alabama

Alabama state Sen. Tim Melson, R-Florence, has filed a bill seeking to make theft of employee retirement benefits a crime.

SB244 would establish an offense for aggravated theft of employee retirement benefits and creates criminal penalties for violations.

At the federal level it is already a crime to steal from an individual’s retirement benefits plan.

Melson’s legislation would make aggravated theft of employee retirement benefits a Class C felony.

The bill defines what acts constitute aggravated theft of employee retirement benefits.

“A person commits the crime of aggravated theft of employee retirement benefits if the person embezzles, steals, or unlawfully and willfully abstracts or converts to his or her own use or to the use of another,” the legislation reads, “any of the monies, funds, premiums, credits, or other assets due to be paid as contributions to any employee retirement benefit plan, or to any fund connected with an employee retirement benefits.”

An employee retirement benefit plan includes, but is not limited to, any plan under the Retirement Systems of Alabama.

The legislation would become effective on Oct. 1, 2025 if signed into law by Gov. Kay Ivey.