Bill Text: GA HB1237 | 2009-2010 | Regular Session | Introduced
Bill Title: Retirement; Title 47; correct errors and omissions of the Official Code of Georgia Annotated
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2010-03-18 - Senate Read and Referred [HB1237 Detail]
Download: Georgia-2009-HB1237-Introduced.html
10 LC
21 0647
House
Bill 1237
By:
Representative Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 47 of the Official Code of Georgia Annotated, relating to retirement
and pensions, so as to correct typographical, stylistic, and other errors and
omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of
the General Assembly amending Title 47 of the Official Code of Georgia
Annotated; to correct capitalization and spelling in Title 47 of the Official
Code of Georgia Annotated; to provide for other matters relative to Title 47 of
the Official Code of Georgia Annotated; to provide for effect in the event of
conflicts; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
47 of the Official Code of Georgia Annotated, relating to retirement and
pensions, is amended in:
(1) Code Section 47-1-13.1, relating to annual compensation limits in determining benefits or contributions due, by replacing "section the" with "section, the" in the introductory language of subsection (a) and by replacing "cost of living" with "cost-of-living" in paragraph (1) of subsection (a).
(2) Code Section 47-1-81, relating to an election to have a portion of an eligible rollover distribution paid to an eligible retirement plan under federal law, limitations, and application to a nonspouse designated beneficiary, by replacing "beneficiary," with "beneficiary" in paragraph (4) of subsection (a) and by replacing "Sections" with "Section" in paragraph (2) of subsection (c).
(3) Code Section 47-1-82, relating to the maximum benefit limited to that which is allowed by federal law, nonannuity benefit, reduction, and adjustments, by replacing "increases provided" with "increases, provided" in paragraph (3) of subsection (c).
(4) Code Section 47-2-1, relating to definitions regarding the Employees' Retirement System of Georgia, by replacing "Sections" with "Section" in paragraph (15) and by replacing "under a State Personnel Administration," with "under the State Personnel Administration," in subparagraph (A) of paragraphs (16) and (17).
(5) Code Section 47-2-71, relating to membership in Employees' Social Security Coverage Group, deduction of employer tax for social security coverage, and notice of referendum with regard to social security coverage, by adding "and" at the end of paragraph (1) of subsection (e).
(6) Code Section 47-2-91, relating to the credit for accumulations of forfeited annual and sick leave in regard to the service creditable toward retirement benefits, by replacing "the state merit system." with "the State Personnel Administration." in subsection (f).
(7) Code Section 47-2-123, relating to allowance payable upon death, disability, or involuntary separation from employment, restrictions on separation for disability, and restrictions on entitlement to involuntary separation benefits, by replacing "10 years" with "ten years" in paragraph (3) of subsection (c).
(8) Code Section 47-2-201, relating to director status inhibiting eligibility for corresponding emeritus positions, by replacing "Public Service Commissioner" with "member of the Public Service Commission".
(9) Code Section 47-2-222, relating to the power to increase liability contribution rates for certain departments or agencies and transfer of employees, by replacing "such departments" with "such departments or agencies" both times it appears.
(10) Code Section 47-2-260, relating to the continuation of membership, rights, and benefits of judges of superior courts and district attorneys, notice of election to continue membership, and contributions, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia" in subsections (b) and (c).
(11) Code Section 47-2-266, relating to the membership of judicial employees and contributions, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia" in subparagraph (f)(1)(B).
(12) Code Section 47-2-290, relating to judges, solicitors, and other employees of state courts subject to the merit system, membership in retirement system, contributions, and exemptions, by replacing "the Council of State Court Judges of Georgia," with "The Council of State Court Judges of Georgia," in subsection (a).
(13) Code Section 47-2-299, relating to creditable service for service as an employee of a private nonprofit hospital, by replacing "the Department of Human Resources" with "the Department of Human Resources, now known as the Department of Behavioral Health and Developmental Disabilities for these purposes," in subsection (a).
(14) Code Section 47-2-352, relating to employee and employer contributions in regard to the Georgia State Employees' Pension and Savings Plan, by replacing "compensation, which" with "compensation which" in subsection (a).
(15) Code Section 47-3-27, relating to investment powers, power to maintain cash on deposit for payments under the retirement system, and personal interests in investments prohibited regarding the members of the board of trustees of the Teachers Retirement System of Georgia, by replacing "paid up capital" with "paid-up capital" in subsection (b).
(16) Code Section 47-8-41, relating to eligibility for appointment as a senior judge or retirement, salary or benefits, and creditable service, by replacing "district attorney pro tem." with "district attorney pro tempore" in subsection (a).
(17) Code Section 47-8-67, relating to election of survivors benefits coverage, contributions required for such coverage, effect of such coverage on appointment to the office of senior judge, and amount of survivors benefits, by replacing "the Council of Superior Court Judges" with "The Council of Superior Court Judges" in paragraph (1) of subsection (a).
(18) Code Section 47-11-22, relating to powers and duties of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, by replacing "Code Section 47-11-71 receives" with "Code Section 47-11-71 receive" in paragraph (2) of subsection (c).
(19) Code Section 47-11-50, relating to the payment to the fund of a portion of fees collected in connection with marriage licenses, duty to record and report collection, interest, delinquent payment, and penalties, by replacing "Department of Human Resources" with "Department of Community Health" in subparagraph (a)(1)(A).
(20) Code Section 47-16-41, relating to delayed application for membership in the Sheriffs' Retirement Fund of Georgia and credit for prior service as a sheriff, member of the armed forces of the United States, or peace officer, by replacing "a peace officer (except sheriff)" with "a peace officer, except sheriff," in the undesignated text at the end of subsection (b).
(21) Code Section 47-16-101, relating to retirement benefit options, failure of member to select an option, effect of changes in retirement benefits and options, and change of option after receipt of payments regarding the Sheriffs' Retirement Fund of Georgia, by replacing "board of trustees" with "board of commissioners" in paragraph (1) of subsection (a), subparagraph (a)(1)(A), and the undesignated text at the end of paragraph (1) of subsection (a) and by replacing "member and should" with "member and, should" in subsection (b).
(22) Code Section 47-16-102, relating to death benefits, beneficiaries, and procedure for designation of beneficiary to receive such benefits in regard to the Sheriffs' Retirement Fund of Georgia, by replacing "benefits;" with "benefits; and" at the end of paragraph (3).
(23) Code Section 47-17-1, relating to definitions in regard to the Peace Officers' Annuity and Benefit Fund, by replacing "Composite State Board of Medical Examiners" with "Georgia Composite Medical Board" in division (5)(I)(vi).
(24) Code Section 47-18-40, relating to agreement between state and federal government for state employees, like agreements between federal government and interstate instrumentalities, and division of retirement system regarding social security coverage, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia" in subsection (e).
(25) Code Section 47-18-44, relating to referendum on the question of coverage of positions covered by Chapter 8 of Title 47, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia".
(26) Code Section 47-23-25, relating to payment of administrative expenses regarding the Georgia Judicial Retirement System, by replacing "the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia," with "The Council of Superior Court Judges of Georgia, The Council of State Court Judges of Georgia," both times it appears.
(27) Code Section 47-23-47, relating to the transfer of members' contributions in regard to the Georgia Judicial Retirement System, by replacing "the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia," with "The Council of Superior Court Judges of Georgia, The Council of State Court Judges of Georgia,".
(28) Code Section 47-23-80, relating to contributions by superior court judges and district attorneys and employer contributions regarding the Georgia Judicial Retirement System, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia" in subsection (a).
(29) Code Section 47-23-81, relating to contributions by judges and solicitors-general of state courts, employer contributions and reports required regarding the Georgia Judicial Retirement System, by replacing "the Council of State Court Judges of Georgia" with "The Council of State Court Judges of Georgia" in paragraphs (2) and (3) of subsection (c).
(30) Code Section 47-23-124, relating to legislative intent regarding provisions of the Georgia Judicial Retirement System, by replacing "an Act, approved" with "an Act approved".
(1) Code Section 47-1-13.1, relating to annual compensation limits in determining benefits or contributions due, by replacing "section the" with "section, the" in the introductory language of subsection (a) and by replacing "cost of living" with "cost-of-living" in paragraph (1) of subsection (a).
(2) Code Section 47-1-81, relating to an election to have a portion of an eligible rollover distribution paid to an eligible retirement plan under federal law, limitations, and application to a nonspouse designated beneficiary, by replacing "beneficiary," with "beneficiary" in paragraph (4) of subsection (a) and by replacing "Sections" with "Section" in paragraph (2) of subsection (c).
(3) Code Section 47-1-82, relating to the maximum benefit limited to that which is allowed by federal law, nonannuity benefit, reduction, and adjustments, by replacing "increases provided" with "increases, provided" in paragraph (3) of subsection (c).
(4) Code Section 47-2-1, relating to definitions regarding the Employees' Retirement System of Georgia, by replacing "Sections" with "Section" in paragraph (15) and by replacing "under a State Personnel Administration," with "under the State Personnel Administration," in subparagraph (A) of paragraphs (16) and (17).
(5) Code Section 47-2-71, relating to membership in Employees' Social Security Coverage Group, deduction of employer tax for social security coverage, and notice of referendum with regard to social security coverage, by adding "and" at the end of paragraph (1) of subsection (e).
(6) Code Section 47-2-91, relating to the credit for accumulations of forfeited annual and sick leave in regard to the service creditable toward retirement benefits, by replacing "the state merit system." with "the State Personnel Administration." in subsection (f).
(7) Code Section 47-2-123, relating to allowance payable upon death, disability, or involuntary separation from employment, restrictions on separation for disability, and restrictions on entitlement to involuntary separation benefits, by replacing "10 years" with "ten years" in paragraph (3) of subsection (c).
(8) Code Section 47-2-201, relating to director status inhibiting eligibility for corresponding emeritus positions, by replacing "Public Service Commissioner" with "member of the Public Service Commission".
(9) Code Section 47-2-222, relating to the power to increase liability contribution rates for certain departments or agencies and transfer of employees, by replacing "such departments" with "such departments or agencies" both times it appears.
(10) Code Section 47-2-260, relating to the continuation of membership, rights, and benefits of judges of superior courts and district attorneys, notice of election to continue membership, and contributions, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia" in subsections (b) and (c).
(11) Code Section 47-2-266, relating to the membership of judicial employees and contributions, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia" in subparagraph (f)(1)(B).
(12) Code Section 47-2-290, relating to judges, solicitors, and other employees of state courts subject to the merit system, membership in retirement system, contributions, and exemptions, by replacing "the Council of State Court Judges of Georgia," with "The Council of State Court Judges of Georgia," in subsection (a).
(13) Code Section 47-2-299, relating to creditable service for service as an employee of a private nonprofit hospital, by replacing "the Department of Human Resources" with "the Department of Human Resources, now known as the Department of Behavioral Health and Developmental Disabilities for these purposes," in subsection (a).
(14) Code Section 47-2-352, relating to employee and employer contributions in regard to the Georgia State Employees' Pension and Savings Plan, by replacing "compensation, which" with "compensation which" in subsection (a).
(15) Code Section 47-3-27, relating to investment powers, power to maintain cash on deposit for payments under the retirement system, and personal interests in investments prohibited regarding the members of the board of trustees of the Teachers Retirement System of Georgia, by replacing "paid up capital" with "paid-up capital" in subsection (b).
(16) Code Section 47-8-41, relating to eligibility for appointment as a senior judge or retirement, salary or benefits, and creditable service, by replacing "district attorney pro tem." with "district attorney pro tempore" in subsection (a).
(17) Code Section 47-8-67, relating to election of survivors benefits coverage, contributions required for such coverage, effect of such coverage on appointment to the office of senior judge, and amount of survivors benefits, by replacing "the Council of Superior Court Judges" with "The Council of Superior Court Judges" in paragraph (1) of subsection (a).
(18) Code Section 47-11-22, relating to powers and duties of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, by replacing "Code Section 47-11-71 receives" with "Code Section 47-11-71 receive" in paragraph (2) of subsection (c).
(19) Code Section 47-11-50, relating to the payment to the fund of a portion of fees collected in connection with marriage licenses, duty to record and report collection, interest, delinquent payment, and penalties, by replacing "Department of Human Resources" with "Department of Community Health" in subparagraph (a)(1)(A).
(20) Code Section 47-16-41, relating to delayed application for membership in the Sheriffs' Retirement Fund of Georgia and credit for prior service as a sheriff, member of the armed forces of the United States, or peace officer, by replacing "a peace officer (except sheriff)" with "a peace officer, except sheriff," in the undesignated text at the end of subsection (b).
(21) Code Section 47-16-101, relating to retirement benefit options, failure of member to select an option, effect of changes in retirement benefits and options, and change of option after receipt of payments regarding the Sheriffs' Retirement Fund of Georgia, by replacing "board of trustees" with "board of commissioners" in paragraph (1) of subsection (a), subparagraph (a)(1)(A), and the undesignated text at the end of paragraph (1) of subsection (a) and by replacing "member and should" with "member and, should" in subsection (b).
(22) Code Section 47-16-102, relating to death benefits, beneficiaries, and procedure for designation of beneficiary to receive such benefits in regard to the Sheriffs' Retirement Fund of Georgia, by replacing "benefits;" with "benefits; and" at the end of paragraph (3).
(23) Code Section 47-17-1, relating to definitions in regard to the Peace Officers' Annuity and Benefit Fund, by replacing "Composite State Board of Medical Examiners" with "Georgia Composite Medical Board" in division (5)(I)(vi).
(24) Code Section 47-18-40, relating to agreement between state and federal government for state employees, like agreements between federal government and interstate instrumentalities, and division of retirement system regarding social security coverage, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia" in subsection (e).
(25) Code Section 47-18-44, relating to referendum on the question of coverage of positions covered by Chapter 8 of Title 47, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia".
(26) Code Section 47-23-25, relating to payment of administrative expenses regarding the Georgia Judicial Retirement System, by replacing "the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia," with "The Council of Superior Court Judges of Georgia, The Council of State Court Judges of Georgia," both times it appears.
(27) Code Section 47-23-47, relating to the transfer of members' contributions in regard to the Georgia Judicial Retirement System, by replacing "the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia," with "The Council of Superior Court Judges of Georgia, The Council of State Court Judges of Georgia,".
(28) Code Section 47-23-80, relating to contributions by superior court judges and district attorneys and employer contributions regarding the Georgia Judicial Retirement System, by replacing "the Council of Superior Court Judges of Georgia" with "The Council of Superior Court Judges of Georgia" in subsection (a).
(29) Code Section 47-23-81, relating to contributions by judges and solicitors-general of state courts, employer contributions and reports required regarding the Georgia Judicial Retirement System, by replacing "the Council of State Court Judges of Georgia" with "The Council of State Court Judges of Georgia" in paragraphs (2) and (3) of subsection (c).
(30) Code Section 47-23-124, relating to legislative intent regarding provisions of the Georgia Judicial Retirement System, by replacing "an Act, approved" with "an Act approved".
SECTION
2.
Said
Title 47 is further amended by replacing "advisor" with "adviser" and "advisors"
with "advisers" wherever such terms occur
in:
(1) Code Section 47-1-7, relating to powers of retirement, pension, or emeritus systems or funds with regard to agents employed to act as custodians of assets or investment advisers;
(2) Code Section 47-1-14, relating to the definition of "retirement system" and the records that are exempt from public inspection;
(3) Code Section 47-2-25, relating to the Attorney General as the legal adviser of the board of trustees of the Employees' Retirement System of Georgia;
(4) Code Section 47-2-26, relating to the designation of an actuary, duties of an actuary; and annual valuation of contingent assets and liabilities of the Employees' Retirement System of Georgia;
(5) Code Section 47-3-23, relating to the designation and duties of an actuary for the board of trustees, periodic actuarial investigation and recommendations, calculation tables and regular interest rate, and annual valuation in regard to the Teachers Retirement System of Georgia;
(6) Code Section 47-3-24, relating to the Attorney General as the legal adviser of the board of trustees for the Teachers Retirement System of Georgia;
(7) Code Section 47-4-24, relating to the Attorney General as the legal adviser of the board of trustees for the Public School Employees Retirement System;
(8) Code Section 47-4-26, relating to the power of the board over funds, special account for deposit of funds and payment of benefits and expenses, investment powers, and power to employ agents in regard to the Public School Employees Retirement System;
(9) Code Section 47-6-22, relating to the powers and duties of the board of trustees in regard to the Georgia Legislative Retirement System;
(10) Code Section 47-7-22, relating to the Attorney General as the legal adviser of the board for the Georgia Firefighters' Pension Fund;
(11) Code Section 47-7-23, relating to the powers and duties generally of the Board of Trustees of the Georgia Firefighters' Pension Fund;
(12) Code Section 47-11-23, relating to the control of funds, a special account for deposit and payment, powers regarding investments, and the power to employ agents as investment advisors in regard to the Judges of the Probate Courts Retirement Fund of Georgia;
(13) Code Section 47-14-23, relating to special accounts for funds and investment powers of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia;
(14) Code Section 47-17-23, relating to special accounts for funds, investment powers of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, and gifts, grants, and bequests;
(15) Code Section 47-21-22, relating to operation of the Regents Retirement Health Benefit Fund and the responsibilities of the Board of Regents of the University System of Georgia; and
(16) Code Section 47-22-6, relating to the Attorney General as the legal adviser of the Board of Trustees of the Employees' Retirement System of Georgia for the Georgia Defined Contribution Plan.
(1) Code Section 47-1-7, relating to powers of retirement, pension, or emeritus systems or funds with regard to agents employed to act as custodians of assets or investment advisers;
(2) Code Section 47-1-14, relating to the definition of "retirement system" and the records that are exempt from public inspection;
(3) Code Section 47-2-25, relating to the Attorney General as the legal adviser of the board of trustees of the Employees' Retirement System of Georgia;
(4) Code Section 47-2-26, relating to the designation of an actuary, duties of an actuary; and annual valuation of contingent assets and liabilities of the Employees' Retirement System of Georgia;
(5) Code Section 47-3-23, relating to the designation and duties of an actuary for the board of trustees, periodic actuarial investigation and recommendations, calculation tables and regular interest rate, and annual valuation in regard to the Teachers Retirement System of Georgia;
(6) Code Section 47-3-24, relating to the Attorney General as the legal adviser of the board of trustees for the Teachers Retirement System of Georgia;
(7) Code Section 47-4-24, relating to the Attorney General as the legal adviser of the board of trustees for the Public School Employees Retirement System;
(8) Code Section 47-4-26, relating to the power of the board over funds, special account for deposit of funds and payment of benefits and expenses, investment powers, and power to employ agents in regard to the Public School Employees Retirement System;
(9) Code Section 47-6-22, relating to the powers and duties of the board of trustees in regard to the Georgia Legislative Retirement System;
(10) Code Section 47-7-22, relating to the Attorney General as the legal adviser of the board for the Georgia Firefighters' Pension Fund;
(11) Code Section 47-7-23, relating to the powers and duties generally of the Board of Trustees of the Georgia Firefighters' Pension Fund;
(12) Code Section 47-11-23, relating to the control of funds, a special account for deposit and payment, powers regarding investments, and the power to employ agents as investment advisors in regard to the Judges of the Probate Courts Retirement Fund of Georgia;
(13) Code Section 47-14-23, relating to special accounts for funds and investment powers of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia;
(14) Code Section 47-17-23, relating to special accounts for funds, investment powers of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, and gifts, grants, and bequests;
(15) Code Section 47-21-22, relating to operation of the Regents Retirement Health Benefit Fund and the responsibilities of the Board of Regents of the University System of Georgia; and
(16) Code Section 47-22-6, relating to the Attorney General as the legal adviser of the Board of Trustees of the Employees' Retirement System of Georgia for the Georgia Defined Contribution Plan.
SECTION
3.
Said
Title 47 is further amended by replacing "board of trustees" with "board of
commissioners" wherever such term occurs
in:
(1) Code Section 47-11-22, relating to powers and duties of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia;
(2) Code Section 47-11-40, relating to eligibility to participate, credit for service rendered, and requirements for judges to participate in the Judges of the Probate Courts Retirement Fund of Georgia;
(3) Code Section 47-14-23, relating to special account for funds and investment powers of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia;
(4) Code Section 47-14-72, relating to benefits payable in the event of death before retirement and rights of surviving spouse under the Superior Court Clerks' Retirement Fund of Georgia;
(5) Code Section 47-16-29, relating to increases in maximum monthly benefit payable under Article 6 of this chapter, retirement benefits and death benefits, under the Sheriffs' Retirement Fund of Georgia;
(6) Code Section 47-16-101, relating to retirement benefit options, failure of member to select an option, effect of changes in retirement benefits and options, and change of option after receipt of payments regarding the Sheriffs' Retirement Fund of Georgia;
(7) Code Section 47-17-26, relating to methods of providing increases in maximum benefits payable in regard to the Peace Officers' Annuity and Benefit Fund; and
(8) Code Section 47-25-81, relating to the amount of benefits under the Magistrates Retirement Fund.
(1) Code Section 47-11-22, relating to powers and duties of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia;
(2) Code Section 47-11-40, relating to eligibility to participate, credit for service rendered, and requirements for judges to participate in the Judges of the Probate Courts Retirement Fund of Georgia;
(3) Code Section 47-14-23, relating to special account for funds and investment powers of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia;
(4) Code Section 47-14-72, relating to benefits payable in the event of death before retirement and rights of surviving spouse under the Superior Court Clerks' Retirement Fund of Georgia;
(5) Code Section 47-16-29, relating to increases in maximum monthly benefit payable under Article 6 of this chapter, retirement benefits and death benefits, under the Sheriffs' Retirement Fund of Georgia;
(6) Code Section 47-16-101, relating to retirement benefit options, failure of member to select an option, effect of changes in retirement benefits and options, and change of option after receipt of payments regarding the Sheriffs' Retirement Fund of Georgia;
(7) Code Section 47-17-26, relating to methods of providing increases in maximum benefits payable in regard to the Peace Officers' Annuity and Benefit Fund; and
(8) Code Section 47-25-81, relating to the amount of benefits under the Magistrates Retirement Fund.
SECTION
4.
In
the event of an irreconcilable conflict between a provision of this Act and a
provision of another Act enacted at the 2010 regular session of the General
Assembly, the provision of such other Act shall control over this Act to the
extent of the conflict.
SECTION
5.
This
Act shall become effective on July 1, 2010.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.
