Bill Text: GA HB928 | 2011-2012 | Regular Session | Introduced
Bill Title: Peace Officer's Annuity and Benefit Fund; board of trustees authorized to employ a hearing officer; provide
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2012-07-01 - Effective Date [HB928 Detail]
Download: Georgia-2011-HB928-Introduced.html
12 LC
21 1563/AP
House
Bill 928 (AS PASSED HOUSE AND SENATE)
By:
Representatives Riley of the
50th,
Greene of the
149th,
Maddox of the
172nd,
Wilkerson of the
33rd,
Anderson of the
117th,
and others
A
BILL TO BE ENTITLED
AN ACT
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 the board
of trustees of such fund shall be authorized to employ a hearing officer; to
provide for dispute resolution; to provide for powers and duties of the hearing
officer; to provide for hearings; to provide for a record of hearings; to
provide for judicial review; to provide for related matters; 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 by adding a new Code section to
read as follows:
"47-17-27.
(a)
The board is authorized and empowered to appoint and compensate a hearing
officer for the purpose of holding hearings, compiling evidence and information,
and submitting evidence, information, and recommendations to the board in any
contested case.
(b)
The hearing officer shall have the authority to do the following in connection
with any hearing: administer oaths and affirmations; sign and issue subpoenas;
rule upon offers of proof; regulate the course of the hearing, set the time and
place for the hearing or any continued hearings, and fix the time for filing any
briefs; provide for the taking of testimony by deposition or interrogatory; and
reprimand or exclude from the hearing any person for any indecorous or improper
conduct committed in the presence of the hearing officer. When a subpoena
issued by the hearing officer is disobeyed, any interested party may apply to
the superior court of the county where the hearing is being held for an order
requiring obedience. Failure to comply with such order shall be cause for
punishment as for contempt of court. Any applicant for disability benefits
shall have the right to be represented by counsel before the hearing
officer.
(c)
With respect to all hearings before the hearing officer:
(1)
Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The
rules of evidence as applied in the trial of civil nonjury cases in the superior
courts shall be followed. Evidence not admissible under such rules of evidence
may be admitted if it is of a type commonly relied upon by reasonably prudent
persons in the conduct of their affairs. The hearing officer shall give effect
to the rules of privilege recognized by law; and
(2)
Documentary evidence may be received in the form of copies or excerpts if the
original is not readily available. At the discretion of the hearing officer,
the original shall be compared with the copy or excerpt.
(d)
The hearing officer, within 30 days from the close of the evidence or, if
necessary, a longer period of time approved by the board, shall certify the
entire record from the hearing to the board, together with his or her
recommendation on the application. On review of the entire record from the
hearing officer, the board shall have all the powers it would have in presiding
at the reception of the evidence. In its discretion, the board may take
additional testimony or remand the matter to the hearing officer for such
purpose. The recommendation of the hearing officer to the board shall be made a
part of the record before the board.
(e)
As a part of its decision subsequent to any hearing, the board shall include
findings of fact and conclusions of law, separately stated, and the effective
date of the decision. The decision of the board shall be mailed to the parties
as soon after the rendition of the decision as is practicable.
(f)
Any party who is adversely affected by any final decision of the board may seek
judicial review of the final decision of the board in the Superior Court of
Spalding County. Proceedings for review shall be instituted by filing a
petition with the court within 30 days after the decision is rendered. A copy
of the petition shall be served upon the board. The petition shall state the
nature of the petitioner's interest, the facts showing that the petitioner is
aggrieved by the decision of the hearing officer, and the grounds upon which the
petitioner contends the decision should be reversed or remanded. The petition
may be amended with leave of the court.
(g)
Within 30 days after the service of the petition or within further time allowed
by the court, the hearing officer shall transmit to the reviewing court the
original or a certified copy of the entire record of the proceeding under
review. By agreement of the petitioner, the record may be shortened. The court
may require or permit subsequent corrections or additions to the
record.
(h)
The filing of the petition shall in no manner stay the enforcement of the
decision of the hearing officer.
(i)
The review shall be conducted by the court without a jury and shall be confined
to the record. The court shall not substitute its judgment for that of the
hearing officer as to the weight of the evidence on questions of fact. The
court may affirm the decision of the hearing officer or remand the case for
further proceedings. The court may reverse the decision of the hearing officer
if substantial rights of the petitioner have been prejudiced because the
findings, inferences, conclusions, or decisions of the hearing officer
are:
(1)
In violation of constitutional or statutory provisions;
(2)
In excess of the statutory authority of the hearing officer;
(3)
Made upon unlawful procedure;
(4)
Clearly erroneous in view of the reliable, probative, and substantial evidence
on the whole record; or
(5)
Arbitrary or capricious.
(j)
A petitioner who is aggrieved by an order of the court in a proceeding
authorized under this Code section may appeal to the Supreme Court of Georgia or
the Court of Appeals of Georgia in accordance with Title
5."
SECTION
2.
Said
chapter is further amended by revising Code Section 47-17-81, relating to
eligibility for disability benefits, periodic medical examination, termination
of disability benefits, application, hearings, powers of hearing officer, and
appeal, as follows:
"47-17-81.
(a)
Any dues-paying member who became a member prior to July 1, 1993, who is
rendered totally and permanently disabled by disease or injury so as to be
unable to perform substantially all of the duties of the position to which the
member was regularly assigned when the disability originated or so as to be
unable to engage in any occupation or gainful employment for which the member is
reasonably suited by virtue of the member's background, training, education, and
experience shall be entitled to disability benefits of $257.00 per month for
life or until the member's disability ceases, provided that the member makes
application to the board for disability benefits within 12 months of becoming
totally and permanently disabled.
(b)
The disability benefits provided under this Code section shall be payable upon
the event of disability as provided in subsection (a) of this Code section
regardless of the cause of the disability and shall be payable when the
disability is a result of any mental or physical injury or disease, whether
caused by reason of the peace officer's employment or not, provided that no
benefits shall be payable under this Code section for any disability resulting
from the chronic and excessive consumption of alcoholic beverages, addiction to
drugs, the use of which is prohibited in this state by law, engagement by the
member in any criminal act, willful misconduct of the member, or injury
sustained by the member while serving in the armed forces of any country or
while on active duty in the National Guard or other armed forces reserve
force.
(c)
Any other provision of law to the contrary notwithstanding, any member who is
receiving disability benefits pursuant to this Code section on June 30, 1990,
and who had at least 20 years of creditable service at the time such member
first became eligible for such disability benefits shall receive the same
benefits as a member who retires at age 55 or older with 20 years of creditable
service under the provisions of Code Section 47-17-80. For each year of service
above 20 years but not more than 30 years which such member had when first
becoming eligible to receive disability benefits, the benefits shall be the same
as those provided for the same number of years of creditable service under the
provisions of Code Section 47-17-80. The benefits of such members who are
receiving disability benefits pursuant to this Code section on June 30, 1990,
shall be recomputed and the increased benefits shall be paid to such members
beginning July 1, 1990. Any member who first becomes eligible to receive
disability benefits on or after July 1, 1990, who has the required years of
creditable service as provided in this subsection shall have disability benefits
computed and paid in the same manner as provided in this
subsection.
(d)
The amount of disability benefits in this Code section shall apply to those
members who have retired on disability prior to July 1, 1990, as well as to
those members who retire on disability on or after that date. The service of
each such member who retired prior to July 1, 1990, shall be recomputed, and the
benefits provided under this Code section shall be paid to such member in the
future beginning July 1, 1990.
(e)
Once each year during the first five years following the commencement of
disability benefits under this Code section, and once in every three-year period
thereafter, the board may require a disability beneficiary who has not yet
attained 65 years of age to undergo a medical examination, such examination to
be made at his
or
her place of residence, or other place
mutually agreed upon, by physicians designated by the board. The disability
benefits recipient may himself
or
herself request such an examination. The
designated physicians shall report to the board, following each such
examination, the current status and condition of the recipient's
disability.
(f)
A disabled member's disability benefits shall cease:
(1)
Upon his or
her return to gainful employment with the
employer for which he
or
she worked at the time his
or
her disability originated;
(2)
If he or
she refuses to submit to any medical
examination requested under this Code section, in which case the benefits shall
remain discontinued until the member's withdrawal of such refusal and submission
to the requested medical examination; and, if his
or
her refusal continues for one year, all
his or
her rights in and to disability benefits
may be revoked by the board;
(3)
If the board determines on the basis of any medical examination that the member
has sufficiently recovered from his
or
her disability so as to again be able to
perform substantially all of the duties of the position to which he
or
she was regularly assigned when the
disability originated, or so as to be able to engage in an occupation or gainful
employment for which he
or
she is reasonably suited by virtue of his
or
her background, training, education, and
experience;
(4)
If the member does in fact obtain gainful employment compensating him
or
her at a level equal to or greater than
the current compensation for the position he
or
she occupied at the time his
or
her disability originated; or
(5)
When he or
she dies.
(g)
The board shall prescribe and furnish a form and procedure for the application
for disability benefits. Applications shall contain such information as the
board shall require. Upon the receipt of an application, the board may pass
upon and decide whether to grant or deny the application on the basis of the
submitted information or may refer the application to its duly appointed hearing
officer for a recommendation. Any applicant for disability benefits shall have
the right to request the board to refer his
or
her application to the hearing officer for
a recommendation. In the consideration of any application for disability
benefits, the receipt of disability benefits or payments by the applicant under
the federal Social Security Act shall be deemed sufficient for eligibility for
disability benefits under this Code section.
(h)
The board is authorized and empowered to appoint and compensate a hearing
officer for the purpose of holding hearings, compiling evidence and information,
and submitting evidence, information, and recommendations to the board in any
disability benefits case.
(i)
The hearing officer shall have the authority to do the following in connection
with any hearing on a disability application: administer oaths and affirmations;
sign and issue subpoenas; rule upon offers of proof; regulate the course of the
hearing, set the time and place for the hearing or any continued hearings, and
fix the time for filing any briefs; provide for the taking of testimony by
deposition or interrogatory; and reprimand or exclude from the hearing any
person for any indecorous or improper conduct committed in the presence of the
hearing officer. When a subpoena issued by the hearing officer is disobeyed,
any interested party may apply to the superior court of the county where the
hearing is being held for an order requiring obedience. Failure to comply with
such order shall be cause for punishment as for contempt of court. Any
applicant for disability benefits shall have the right to be represented by
counsel before the hearing officer.
(j)
With respect to all hearings before the hearing officer:
(1)
Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The
rules of evidence as applied in the trial of civil nonjury cases in the superior
courts shall be followed. Evidence not admissible under such rules of evidence
may be admitted if it is of a type commonly relied upon by reasonably prudent
men in the conduct of their affairs. The hearing officer shall give effect to
the rules of privilege recognized by law; and
(2)
Documentary evidence may be received in the form of copies or excerpts if the
original is not readily available. At the discretion of the hearing officer,
the original shall be compared with the copy or excerpt.
(k)
The hearing officer, within 30 days from the close of the evidence or, if
necessary, a longer period of time approved by the board, shall certify the
entire record from the hearing to the board, together with his recommendation on
the application. On review of the entire record from the hearing officer, the
board shall have all the powers it would have in presiding at the reception of
the evidence. In its discretion, the board may take additional testimony or
remand the matter to the hearing officer for such purpose. The recommendation
of the hearing officer to the board shall be made a part of the record before
the board.
(l)
As a part of its decision subsequent to any hearing, the board shall include
findings of fact and conclusions of law, separately stated, and the effective
date of the decision. The decision of the board shall be mailed to the
applicant for disability benefits as soon after the rendition of the decision as
is practicable.
(m)
Any applicant for disability benefits who is adversely affected by any final
decision of the board may seek judicial review of the final decision of the
board in the Superior Court of Spalding County. Proceedings for review shall be
instituted by filing a petition with the court within 30 days after the decision
is rendered. A copy of the petition shall be served upon the board. The
petition shall state the nature of the petitioner's interest, the facts showing
that the petitioner is aggrieved by the decision of the board, and the grounds
upon which the petitioner contends the decision should be reversed or remanded.
The petition may be amended with leave of the court.
(n)
Within 30 days after the service of the petition or within further time allowed
by the court, the board shall transmit to the reviewing court the original or a
certified copy of the entire record of the proceeding under review. By
agreement of the petitioner, the record may be shortened. The court may require
or permit subsequent corrections or additions to the record.
(o)
The filing of the petition shall in no manner stay the enforcement of the
decision of the board.
(p)
The review shall be conducted by the court without a jury and shall be confined
to the record. The court shall not substitute its judgment for that of the
board as to the weight of the evidence on questions of fact. The court may
affirm the decision of the board or remand the case for further proceedings.
The court may reverse the decision of the board if substantial rights of the
petitioner have been prejudiced because the findings, inferences, conclusions,
or decisions of the board are:
(1)
In violation of constitutional or statutory provisions;
(2)
In excess of the statutory authority of the board;
(3)
Made upon unlawful procedure;
(4)
Clearly erroneous in view of the reliable, probative, and substantial evidence
on the whole record; or
(5)
Arbitrary or capricious.
(q)
A petitioner who is aggrieved by an order of the court in a proceeding
authorized under this Code section may appeal to the Supreme Court of Georgia or
the Court of Appeals of Georgia in accordance with Title 5.
(r)(h)
Any other provision of this Code section to the contrary notwithstanding, no
person who becomes a member or again becomes a member of this fund on or after
July 1, 1993, shall be entitled to any benefit provided for in this Code
section."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.