09 LC 21 9980

House Bill 224

By: Representatives Houston of the 170th, Dempsey of the 13th, Sims of the 169th, Benton of the 31st, Meadows of the 5th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to provide that certain persons employed as county jail officers shall be eligible for membership in such fund; to provide for creditable service for prior service as a county jail officer; to provide for the payment of employer contributions with interest thereon; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, is amended in paragraph (5) of Code Section 47-17-1, relating to definitions, by striking "and" at the end of subparagraph (J), by replacing the period with "; and" at the end of subparagraph (K), and by adding the following:

"(L) Persons employed as county jail officers who are certified peace officers as provided in Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'"

SECTION 2.

Said chapter is further amended by revising subsection (a) of Code Section 47-17-70, relating to prior service credit in such fund, as follows:

"(a) No peace officer who first makes application for membership in the fund on or after May 1, 1968, shall be given credit for any prior service, and such peace officer shall receive credit only from the date he or she becomes a member of the fund; provided, however, that a member may claim a maximum of five years for service as a peace officer prior to such member's joining the fund if such member complies with subsection (c) of Code Section 47-17-44 and remains an active member of the fund for a period of time at least equal to the number of years claimed for prior service; provided, further, that any member defined in subparagraph subparagraphs (J) and (L) of paragraph (5) of Code Section 47-17-1 may claim service as a peace officer prior to such member's joining the fund without regard to such five-year limitation if such member complies with subsection (c) of Code Section 47-17-44."

SECTION 3.

This Act shall become effective on July 1, 2010, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2010, as required by subsection (a) of Code Section 47-20-50.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.