10 LC
21 0790S (SCS)
Senate
Bill 436
By:
Senator Heath of the 31st
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
To
amend Title 47 of the Official Code of Georgia Annotated, relating to retirement
and pensions, so as to provide a statement of intent; to repeal certain obsolete
and inoperative provisions from such title; to correct typographical, stylistic,
and other errors and omissions; to correct capitalization and spelling; to
provide for related matters; 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.
The
intent of this Act is to repeal obsolete and inoperative provisions and to make
certain stylistic corrections in Title 47 of the Official Code of Georgia
Annotated. Nothing in this Act shall deny, abridge, increase, renew, revive, or
on any way affect any right, benefit, option, credit, or election to which any
person was entitled pursuant to such title on June 30, 2010, and the board of
trustees of each public retirement system is authorized and directed to provide
by regulation for the continuation of any such right, benefit, option, credit,
or election not otherwise covered in this Act; provided, however, that any such
right, benefit, option, credit, or election shall be subject to the statutory
provisions in effect on June 30, 2010.
SECTION
2.
Title
47 of the Official Code of Georgia Annotated, relating to retirement and
pensions, is amended by revising Code Section 47-1-9, relating to crediting time
toward Georgia Legislative Retirement System, restriction on crediting, options
for members, refund of contributions, and construction of conflicting
provisions, as follows:
"47-1-9.
(a)
Except as provided by subsection (b) of this Code section, any member of the
General Assembly holding office on January 1, 1986, may obtain creditable
service for membership in the General Assembly obtained on and after that date
only for the purposes of the Georgia Legislative Retirement System, and no
service as a member of the General Assembly which is obtained after December 31,
1985, by any such member shall be creditable or used as creditable service for
the purposes of any other public retirement or pension system of this
state.
(b)(1)
Subject to the limitations of paragraph (2) of this subsection, the provisions
of subsection (a) of this Code section shall not apply to any member of the
General Assembly holding office on January 1, 1986, who:
(A)
Was a member of the Employees' Retirement System of Georgia on that date;
and
(B)
Received annual compensation as a member and officer of the General Assembly
during calendar year 1985, on which employee contributions to the Employees'
Retirement System of Georgia were based, exceeding the average annual
compensation of all members of the Employees' Retirement System of Georgia for
calendar year 1985.
(2)
Any member of the General Assembly subject to the provisions of paragraph (1) of
this subsection who continues to receive annual compensation on and after
January 1, 1986, as a member and officer of the General Assembly exceeding the
average annual compensation of all members of the Employees' Retirement System
of Georgia may continue membership in said retirement system.
If during
any calendar year the annual compensation of any such member of the General
Assembly is equal to or less than the average annual compensation of all members
of the Employees' Retirement System of Georgia for that calendar year, then on
the first day of January immediately following such calendar year such member of
the General Assembly shall be subject to the provisions of subsection (c) of
this Code section, and for the purposes of this paragraph, any reference in said
subsection (c) to January 1, 1986, shall mean the first day of January
immediately following such calendar year.
(c)(1)
Any member of the General Assembly holding office on January 1, 1986, who was a
member of the Employees' Retirement System of Georgia on that date and who is
not subject to the provisions of subsection (b) of this Code section
may:
(A)
Cease to be an active contributing member of the Employees' Retirement System of
Georgia effective on January 1, 1986, and retain all rights existing on that
date under the Employees' Retirement System of Georgia by not withdrawing
employee contributions from said retirement system;
(B)
Withdraw employee contributions from the Employees' Retirement System of
Georgia, forfeit all rights under said system, and forfeit the right to become a
member of any public retirement or pension system of this state as a member of
the General Assembly; or
(C)
Transfer all creditable service under the Employees' Retirement System of
Georgia to the Georgia Legislative Retirement System effective January 1, 1986,
and become an active contributing member of the Georgia Legislative Retirement
System effective on that date with all creditable service thereunder which was
transferred from the Employees' Retirement System of Georgia.
(2)
The members of the General Assembly affected thereby shall exercise the options
specified by paragraph (1) of this subsection by not later than December 1,
1985. Any such option shall be exercised by written notification to the board
of trustees of each retirement system affected by the option selected. By not
later than November 1, 1985, the Board of Trustees of the Employees' Retirement
System of Georgia shall provide written notification of the requirements of this
paragraph to each member of the General Assembly affected by the provisions of
paragraph (1) of this subsection.
(d)(c)
Any person becoming a member of the General Assembly after December 31, 1985,
shall be eligible to obtain creditable service as a member of the General
Assembly only for the purposes of the Georgia Legislative Retirement System, and
no service as a member of the General Assembly which is obtained on or after
January 1, 1986, by any such person shall be creditable or used as creditable
service for the purposes of any other public retirement or pension system of
this state.
(e)(d)
Notwithstanding any provisions of Chapter 6 of this title or any other law, any
member of the General Assembly may withdraw from membership in the Georgia
Legislative Retirement System and receive a refund of contributions to such
system under Code Section 47-6-85. Any member exercising the option provided by
this subsection may not at any time thereafter reestablish membership in the
Georgia Legislative Retirement System or become a member of any public
retirement or pension system while serving as a member of the General
Assembly.
(f)(e)
The provisions of this Code section shall control over conflicting or
inconsistent provisions of any other law of this state, specifically including
any law relating to any public retirement or pension system of this state. It
is the intention of the General Assembly that this Code section may not be
repealed, superseded, or modified by implication through the enactment of any
other law or through the amendment of any existing law, and any modification or
repeal of the requirements of this Code section shall be accomplished only by
amendment to or repeal of this specific Code section."
SECTION
3.
Said
title is further amended by revising paragraphs (9), (10), and (14) of Code
Section 47-2-1, relating to definitions, as follows:
(9)
'Commencement
date affecting employers operating under a merit system of personnel
administration at the time of the passage of this chapter' means January 1,
1950. Anything in this chapter to the contrary notwithstanding, any employee of
an employer which is not operating under the retirement system who, without a
break in service, becomes an employee of an employer which is operating under
the retirement system, within two years of the commencement date affecting such
employer, shall have a commencement date as of the date employment with the
latter department became effective; and in such cases all other dates found in
this chapter shall be set in the same relation to his commencement date as they
would otherwise be set in relation to the commencement date affecting such
employer.
Reserved.
(10)
'Commencement
date affecting employers that after February 3, 1949, operate under a merit
system of personnel administration or those employers for which funds are not
available on that date under Code Section 47-2-57' means: if the employees of
any employer shall hereafter become eligible for inclusion in the Employees'
Retirement System of Georgia, the commencement date set for such employer by the
board of trustees shall be not less than six months or more than 12 months from
the date such employer becomes eligible for membership; and all other dates
mentioned in this chapter shall be set in the same relation to this commencement
date as they would otherwise be set in relation to the commencement date in the
original chapter, provided that in the application of dates to subsection (a) of
Code Section 47-2-96, no date shall be later than July 1, 1953. Anything in
this chapter to the contrary notwithstanding, any employee of an employer which
is not operating under the retirement system who, without a break in service,
becomes an employee of an employer which is operating under the retirement
system, within two years of the commencement date affecting such employer, shall
have a commencement date as of the date employment with the latter employer
became effective; and in such cases all other dates found in this chapter shall
be set in the same relation to his commencement date as they would otherwise be
set in relation to the commencement date affecting such
employer.
Reserved."
"(14)
'Division A'
and
'Division B' mean
means
the
divisions
division
within the retirement system of members who are part of the Employees' Social
Security Coverage Group, as set forth in Code Section
47-2-71,
and those who are not,
respectively."
SECTION
4.
Said
title is further amended by revising Code Section 47-2-28, relating to tables,
calculations, and schedules for operation of the retirement system, simplified
tables for estimation of retirement allowances, and effect on existing rights
and benefits, as follows:
"47-2-28.
(a)
Any other law to the contrary notwithstanding, the board of trustees, for the
purpose of administering the social security program, may, with due regard for
the actuarial soundness of the retirement system and after an actuarial
investigation into its benefit structure, adopt such tables, calculations, and
compensation and deduction schedules as it shall deem desirable in connection
with the proper operation of the retirement system. All tables, calculations,
and compensation and deduction schedules adopted under this Code section shall
be based on final monthly earnings, which shall mean monthly earnable
compensation as reflected by monthly contributions during employment, except
that no salary increase by adjustment in compensation in any manner during the
last 12 months, which increase is in excess of 10 percent, shall be included.
Such tables and calculations as may be adopted shall not diminish or impair the
amount of any allowances or benefits which would have been payable to the member
by use of tables or calculations that were in effect on January 1, 1959. The
board of trustees may also, from time to time, establish rules and regulations
for the administration of the funds created under this chapter and for the
transaction of its business.
(b)(a)
On and after April 1, 1964, the board of trustees is authorized to adopt
simplified benefit tables which will enable a member to estimate his or her
retirement allowances. Such tables shall (1) be based on an actuarial study, (2)
maintain the actuarial soundness of the retirement system, (3) for those members
retiring on and after April 1, 1968, be applied to the member's highest average
monthly earnable compensation during a period of 24 consecutive calendar months
while a member of the retirement system, and (4) be applicable to all members,
provided that the application of such tables shall not reduce or impair the
amount of any allowances or benefits to which any person who was a member on
April 1, 1964, would have been entitled at that time or would be entitled at any
time thereafter under tables or calculations which were in effect at that time
or at any time prior thereto or at any time prior to the adoption of such
simplified benefit tables.
(c)(b)
The regular service retirement allowance payable to a member pursuant to the
provisions of this chapter, prior to the application of any minimum benefit
formula otherwise provided under this chapter, shall be determined pursuant to
the formula adopted from time to time by the board of trustees for such purpose.
Such formula shall be uniformly applicable to all members similarly situated.
The board of trustees may establish rules and administrative procedures
uniformly applicable to all members similarly situated relating to the
calculation of such service retirement allowance."
SECTION
5.
Said
title is further amended by revising Code Section 47-2-29, relating to
postretirement benefit adjustments, as follows:
"47-2-29.
(a)
On a date to be established by the board of trustees, but not before April 1,
1967, the board of trustees is authorized to adopt a method of providing for
postretirement benefit adjustments for the purpose of maintaining essentially no
less purchasing power for a beneficiary in his postretirement years. Such
method shall be based upon:
(1)
Recommendation of the actuary for the board of trustees;
(2)
Maintaining the actuarial soundness of the retirement system;
(3)
Its application to the retirement income of members retiring on or after the
adoption of such method by the board of trustees; and
(4)
Any additional contribution by the member in an amount not to exceed one-fourth
of 1 percent of his monthly earnable compensation.
This
Code section shall also be applicable to those members retiring before April 1,
1967.
(b)(1)
Effective July 1, 1988, the monthly retirement benefit of each beneficiary who
was receiving a benefit on July 1, 1981, shall be increased by:
(A)
One dollar for each full year of creditable service, other than creditable
service based on forfeited annual and sick leave and creditable service
resulting from any projection of service under the provisions of this chapter,
which the member had at the time of retirement; plus
(B)
One dollar for each full year which has elapsed from the date of retirement
until July 1, 1981,
provided
that, if a beneficiary is receiving a monthly benefit exceeding $1,500.00 on
July 1, 1988, no increase shall be granted to such beneficiary under this
paragraph nor shall any portion of such increase be granted to a beneficiary
which would cause such beneficiary's total monthly benefit as of July 1, 1988,
to exceed $1,500.00.
(2)
When the postretirement benefit adjustment provided by this subsection has been
granted, there shall be no further postretirement benefit adjustments pursuant
to the authority of this subsection.
(c)(b)
Notwithstanding any other provision of this Code section, no member who becomes
a member of this retirement system on or after July 1, 2009, shall be entitled
to receive any postretirement benefit adjustment."
SECTION
6.
Said
title is further amended by repealing and reserving Code Section 47-2-58,
relating to commencement date for contributions to retirement system, as
follows:
"47-2-58.
No
contributions to the retirement system shall be made by a state agency or by any
members prior to the commencement date as set forth either in paragraph (9) or
(10) of Code Section 47-2-1, except for the contribution of the state agencies
to an expense fund in order to pay the expenses of setting up and operating the
retirement system prior to that date. The board of trustees shall notify all
employers, and the employers shall notify the members, that contributions shall
commence on that date. The provisions of this chapter regarding such
contributions will go into effect on that date. In determining the commencement
date, the board of trustees shall be governed by the money made available by the
state to carry this chapter into effect.
Reserved."
SECTION
7.
Said
title is further amended by revising Code Section 47-2-70, relating to
determination of membership and termination, as follows:
"47-2-70.
(a)
After January 1, 1950, any person who becomes an employee of any employer which
operates under a merit system of personnel administration and which is covered
by the retirement system shall become a member of the retirement system as a
condition of his
or
her employment, except as otherwise
specifically excluded.
(b)
Any person who was an employee during the fiscal year ending June 30, 1949, or
who becomes an employee prior to January 1, 1950, shall become a member unless
prior to January 1, 1950, he files with the board of trustees, on a form
provided by it, a notice of his election not to be included in the membership of
the retirement system, together with a duly executed waiver of all present and
prospective benefits which would otherwise accrue to him by participating in the
retirement system. Such an employee may thereafter apply for and be admitted to
membership, but without credit for service rendered after July 1, 1949, and
prior to the time he becomes a member and without prior service credit, unless
he pays into the retirement system the amount of deductible contributions that
would have been paid by such member together with interest on such amount equal
to the amount of interest earned by the retirement system at 3 1/2 percent per
annum had the amounts been paid in during the period. Upon making such payments,
he shall be entitled to all service credits from the year 1949.
(c)(b)
The membership of any person shall terminate if he
or
she retires under this retirement system,
withdraws his
or
her contributions, or renders less than
one year of service within a period of five consecutive years as a member. No
benefit under the retirement system shall accrue to a member's account while he
or
she is not in service as an employee and
no contribution shall be made to the retirement system by the member, the state,
or any other employer during any such time.
(d)(c)
The board of trustees may continue the membership of any person while such
person is on leave of absence with stipend for professional training when such
leave is approved in writing by the employer for which the employee renders
service, provided that a member who receives a stipend while on leave for
professional training shall make a monthly contribution to the retirement
system, which contribution shall be the same basic percentage of his
or
her salary as an employee as he
or
she contributed in the last month prior to
the effective date of leave. A member shall be considered as being in service
while on such leave."
SECTION
8.
Said
title is further amended by revising Code Section 47-2-71, relating to
membership in the Employees' Social Security Coverage group, determination of
employer tax for social security coverage, and notice of referendum with regard
to social security coverage, as follows:
"47-2-71.
(a)
Any other provisions of law to the contrary notwithstanding, and pursuant to
Article VII, Section III, Paragraph I and Article III, Section X of the
Constitution of Georgia and Chapter 18 of this title, there is established as of
July 1, 1956, Division A of the Employees' Retirement System of Georgia as a
separate coverage group to be specifically known as the 'Employees' Social
Security Coverage Group.'
(b)
Any person who was a member of the retirement system as of August 31, 1956,
including any new member after that date with prior service or annuity savings
credits, shall continue his membership without change in status, which
membership shall be designated as the membership of Division B, unless such
member expresses in writing to the board of trustees his desire to become a
member of Division A.
(c)
Any person who becomes a member on or after September 1, 1956, and who does not
have either annuity savings or prior service credits shall have his membership
established in Division A, unless prior to the execution of the contract
extending social security coverage such individual has expressed his desire in
writing to the board of trustees to be a member of Division B. After the
execution date of the contract extending social security coverage, a member of
Division A shall be ineligible for membership in Division B.
(d)(b)
Any person who joins the retirement system as a contributing member on or after
the execution date of the contract extending social security coverage shall
become a member of Division
A, unless
he has prior service or annuity savings credits, in which case he shall become a
member of Division B pursuant to subsection (b) of this Code section. The
existence of prior service or annuity savings credits shall be ascertained from
the retirement system by the employer at the time of transfer or reemployment.
Any person who becomes a member of Division B under this subsection shall, upon
written request made prior to a date to be established by the board of trustees,
be transferred from Division B to Division A under conditions comparable to the
dates and procedures applicable under subsection (b) of this Code section for
transfer to Division A.
(e)
Upon written request to the board of trustees and favorable decision by it and
subject to applicable federal law, any member of Division B shall be transferred
to Division A on a date fixed by the board of trustees, which date shall be no
later than six months subsequent to the enactment and approval of permissive
federal legislation extending social security coverage to employees of the state
and further subject to the following conditions:
(1)
Each member of Division B who elects to transfer to Division A shall pay to the
retirement system a lump sum amount representing all retroactive employee
contributions in excess of 2 percent of the first $4,200.00 annual wages as
required by the Social Security Act to permit social security coverage to be
extended to members of Division B. The equivalent of 2 percent of the first
$4,200.00 annual wages contributed by each member of Division B who has elected
not to transfer to Division A, which amount would have otherwise been used for
social security contributions, shall be established as a separate record, and
such accumulated contributions may be used to provide an additional annuity upon
such employee's retirement or a lump sum payment at retirement whenever the
Division B benefits are computed on the simplified benefit tables as provided in
Code Section 47-2-28;
(2)
Each employer is authorized and directed to pay to the retirement system the
required retroactive employer contributions which are required by the Social
Security Act in order to extend social security coverage to those members of
Division B who elect to transfer to Division A, upon notice by the board of
trustees of the amount due. The board of trustees is authorized to adopt and
approve regulations which it deems appropriate to facilitate and expedite the
transfer of any member of Division B to Division A of the retirement system,
provided that those regulations conform to the conditions of applicable federal
and state laws.
(f)
Any other provisions of law to the contrary notwithstanding, the accumulated
contributions made on account of prior service by a member of Division A shall
be reduced by an amount set forth in tables adopted by the board of trustees on
August 10, 1956, so as to assure that the aggregate contributions of the state
will remain at the present level, with the exception of any increased employer
tax as referred to in subsection (h) of this Code section.
(g)(c)
The retirement allowance of any member of Division A who retires under this
chapter and accepts employment from any state department or any agency which is
supported in whole or in part by state funds, regardless of the source of such
funds, shall be suspended during such time of his
or
her employment. If he
or
she is employed in a department subject to
this chapter, he
or
she shall again become a member of
Division A but shall contribute only the required social security tax. Upon
separation of such member from state employment for any cause, all rights shall
be vested in such member the same as if he
or
she had continued under his
or
her option to retire.
(h)(d)
Any other provisions of law to the contrary notwithstanding, any required
employee tax for social security coverage not otherwise retained by employer
fiscal officers shall be deducted from each Division A member's individual
annuity savings account by the retirement system for payment of such required
tax. If the member's annuity savings account is insufficient to cover the
required amount of employee tax, it shall be the duty of the fiscal officer of
his or
her employer to deduct from the current
salary of the member such amounts as are necessary for payment of the employee
tax. For those members of Division A covered for social security, it shall be
the duty of the fiscal officers of the various employers to retain from each of
the 5 1/2 percent employee-7 1/2 percent employer contributions for retirement
system purposes, 2 percent of the member's first $4,200.00 annual wages, such
amount to apply toward the employee-employer tax required under the Social
Security Act. Any additional rate of employee-employer tax for social security
shall result in a corresponding increase in the amount of tax payable by the
employee and employer. All employee-employer taxes required under the Social
Security Act after December 31, 1956, shall be retained by the fiscal officers
of the various employers and reported to the board of trustees in accordance
with rules and regulations established by the board of trustees. In order to
facilitate the making of deductions and to simplify the reporting thereof for
those members of Division A covered for social security, the board of trustees
shall adopt such tables of employer and employee contributions as will result in
uniform monthly contributions to the retirement system throughout the year. Such
tables as adopted by the board of trustees shall not be placed in effect prior
to January 1, 1963.
(i)
Any other provisions of this chapter to the contrary notwithstanding, the
pension accumulation fund shall be the guaranty fund for guarantee of payment of
the employee-employer tax required under the Social Security Act that was paid
into that fund for the period of July 1, 1956, through December 31,
1956.
(j)(e)
Any member of Division A who has reached age 65 may, upon written application to
and approval by the board of trustees, discontinue contributions which provide
retirement benefits under this chapter. However, the employee tax provided under
the Social Security Act shall be paid by the member.
(k)
Members of Division A shall be given appropriate notice of a referendum to be
held to determine if they will become covered for social security or not. If the
referendum is in the affirmative, the board of trustees is authorized to enter
into an appropriate agreement on the part of the state for such coverage with an
effective date not earlier than July 1, 1956, at which time all provisions in
this Code section relative to social security shall become
operative."
SECTION
9.
Said
title is further amended by revising Code Section 47-2-72, relating to procedure
for electing not to become a member, as follows:
"47-2-72.
(a)
Any other provision of this article to the contrary notwithstanding, any person
who first becomes an employee of an employer at age 60 or later may elect not to
become a member of this retirement system. Such election shall be made in
writing to the board within 30 days of first becoming an employee of an
employer; otherwise, the person shall become a member of this retirement system.
The election provided for in this subsection shall be irrevocable.
(b)
Any active member of this retirement system on July 1, 1998, who was age 60 or
older when he or she first became a member of this retirement system may elect
to withdraw his or her membership and receive the total of his or her employee
contributions with regular interest thereon. Such election shall be made in
writing to the board not later than August 1, 1998; otherwise, the member shall
remain a member of this retirement system. The election provided for in this
subsection shall be
irrevocable."
SECTION
10.
Said
title is further amended by revising subsection (b) of Code Section 47-2-90,
relating to rules and regulations with regard to credit for service and credit
for service with the Georgia National Guard, Georgia State Guard, and General
Assembly, as follows:
"(b)
In no case shall more than one year of service be creditable for all service in
one calendar
year,
provided that creditable service performed as a member of the General Assembly
shall be in addition to all other
service."
SECTION
11.
Said
title is further amended by repealing and reserving Code Section 47-2-95,
relating to credit for service during World War I, World War II, or the Korean
Conflict, and credit for service in the Georgia National Guard or the Georgia
State Guard, as follows:
"47-2-95.
No
more than ten years of creditable service shall be given for prior service
during World War I, World War II, or the Korean Conflict; prior service in the
Georgia National Guard or Georgia State Guard; or credit for future such service
or any combination of such service, notwithstanding that more than ten years of
such service may have been rendered.
Reserved."
SECTION
12.
Said
title is further amended by repealing and reserving Code Section 47-2-96,
relating to prior service credit and payments required to obtain credit, as
follows:
"47-2-96.
(a)
In order to receive prior service credit, a member shall pay the contributions
he would have made with respect to his earnable compensation for prior service,
had the retirement system been in operation when that service was rendered,
together with regular interest on that amount to January 1, 1954, at the rate of
regular interest in effect on that date. Such service shall include service to
an employer that operates or operated a local retirement fund. In determining
the earnable compensation of a member for his prior service, the board of
trustees shall use the average annual earnable compensation of the member during
the last five years of service immediately prior to January 1, 1954, or if he
has less than five years of creditable service prior to January 1, 1954, his
average annual earnable compensation during his total creditable service.
Anything in this chapter to the contrary notwithstanding, a member's prior
service accumulations shall be computed to January 1, 1954, in the manner set
forth in this subsection; and the accumulated contributions on that service made
by an individual prior to January 1, 1954, shall be used in computing the
retirement allowance. This Code section shall also apply to current members who
transferred their membership from the Teachers Retirement System of
Georgia.
(b)
Anything in this chapter to the contrary notwithstanding, any member who
received compensation from the state for services rendered by him before January
1, 1954, and any member who before that date rendered service for which prior
service credit would be allowable under this Code section shall receive prior
service credit for it upon furnishing proper certification to the board of
trustees. No credit for any such service shall be allowed for any person first
becoming a member after March 31, 1972, nor for any person again becoming a
member after March 31, 1972, who had not received credit for such service on or
before that date.
(c)
Anything in this chapter to the contrary notwithstanding, any present or former
employee of this state (1) who was a member as of July 1, 1961, (2) who had at
least ten years of service prior to January 1, 1950, for which earnable
compensation was paid directly to him by a department of state government, and
(3) who becomes entitled to benefits under this chapter, after paying required
contributions, shall be eligible for and, upon proper certification, shall
receive credit for only those prior service accumulations, either adjusted or
otherwise, in the same manner as allowed all other eligible members of the
retirement system within the year 1953, provided that such individual shall not
be eligible to receive benefits until he shall have served as a member at least
five years subsequent to July 1, 1961; provided, further, that no such member
who previously elected nonmembership in the retirement system or who transferred
his membership and credits to this retirement system shall be eligible under
this subsection.
(d)
Any other provision of this chapter to the contrary notwithstanding, any former
employee of this state (1) who was a member as of July 1, 1957, (2) who had at
least 15 years of service prior to July 1, 1953, for which earnable compensation
was paid directly to him by a department of state government, and (3) who
becomes entitled to benefits under this chapter shall be eligible for and, upon
proper certification, shall receive credit for only those prior service
accumulations, either adjusted or otherwise, in the same manner as allowed all
other eligible members of the retirement system within the year 1953, provided
that no such member who previously elected nonmembership or who transferred his
membership and credits to this retirement system shall be eligible under this
subsection.
(e)
Anything in this chapter to the contrary notwithstanding, any member who is
otherwise eligible for prior service credits and who served on active duty in
the armed forces of the United States prior to January 1, 1954, shall be
entitled to credit for such service, provided that:
(1)
No such credit shall be given for reserve service;
(2)
Credit for such service shall not exceed limits imposed elsewhere in this
chapter; and
(3)
No credit shall be granted for such service if that service has been or will be
used to satisfy requirements for benefits or allowances from any other state or
federal retirement program, excluding federal social security and retirement
programs under Public Law 810, 80th Congress, as amended;
and
provided, further, that this shall not prejudice any determination of credit for
such service made prior to April 1, 1972. It is not the intent of this
subsection to authorize creditable service for any member who retired from
active duty in the armed forces of the United States with a benefit or
allowance, unless he qualified for his benefit or allowance only because of such
injury or disability.
(f)
Anything in this chapter to the contrary notwithstanding, any member who was on
active duty in the armed forces of the United States during the period of the
Vietnam Conflict may receive military service credit for such period of active
duty up to a maximum of five years, provided that such member shall pay the
regular employee contribution of 5 percent of the compensation last paid to him
as an employee before entering military service or 5 percent of the compensation
first paid to him as an employee after returning from military service, plus 4
1/2 percent interest on such employee contributions, compounded annually to date
of payment; provided, further, that no service in the armed forces shall be
deemed as creditable under any provisions of this chapter if such service has or
will be used in the determination of any member's eligibility for retirement
benefits or allowances from any other state or federal retirement program,
excluding social security and those retirement programs covered under Public Law
810, 80th Congress, as amended. For the purposes of this subsection, the period
of the Vietnam Conflict shall extend from August 5, 1964, through May 7,
1975.
(g)
Anything in this chapter to the contrary notwithstanding, any member who was on
active duty in the armed forces of the United States at any time from January 1,
1954, until August 5, 1964, as determined by the person's official military
records, may purchase such active duty military service credit, exclusive of
reserve service, by paying the required employee contributions on the
compensation last paid to the member as an employee prior to entering military
service or the compensation first paid to the member as an employee after
returning from military service plus 15 percent interest on said employee
contributions, compounded annually to date of payment. No service in the armed
forces shall be creditable under the provisions of this subsection if such
service has or will be used in the determination of any member's eligibility for
retirement benefits or allowances from any other state or federal retirement
program, excluding social security and those retirement programs covered under
the provisions of Title 10 of the United States Code, Public Law 810, 80th
Congress, as amended. To be eligible to receive credit for military service
under this subsection or any other subsection, the individual shall purchase
such credit prior to January 1, 1988. No military service shall be creditable
under the provisions of this subsection if creditable service for the same
military service has been obtained under any other provision of this chapter;
provided, however, that if creditable service for military service previously
obtained under this chapter is withdrawn as creditable service, then creditable
service for the same military service may be obtained under the provisions of
this subsection. Under no circumstances shall credit for military service
obtained pursuant to the authority of this subsection be used to qualify for
retirement as a result of involuntary separation.
(h)
Anything in this chapter to the contrary notwithstanding, any active member who
became a member of this retirement system prior to 1980 as a result of being
transferred by operation of law or the action of a state agency from employment
by a county hospital authority to employment by a state agency shall be entitled
to receive prior service credit for such member's last continuous period of
employment with such county hospital authority immediately prior to such
transfer, up to a maximum of ten years; provided, however, that in order to
receive such creditable service the member shall pay the regular employer and
employee contribution paid by or on behalf of him or her upon first becoming an
employee of the state agency, plus 5 percent interest thereon, compounded
annually to date of payment; provided, further, that no such service shall be
deemed as creditable under any provisions of this chapter if such service has or
will be used in the determination of any member's eligibility for retirement
benefits or allowances from any other state or federal retirement program,
excluding social security and those retirement programs covered under Public Law
810, 80th Congress, as amended.
(i)(1)
Any other provisions of this chapter to the contrary notwithstanding, any
member, other than a member who is subject to the provisions of Code Section
47-2-334, who served on active duty in the armed forces of the United States
during a period of time provided for in paragraph (2) of this subsection as a
member of a National Guard unit which was called into federal service may
receive creditable service for such active duty military service subject to the
limitations and requirements of this subsection.
(2)
If the active duty military service described in paragraph (1) of this
subsection was at any time from August 5, 1964, through May 7, 1975, the member
claiming the creditable service shall pay the employee contributions plus
interest described in subsection (f) of this Code section as a condition of
obtaining such creditable service. If the active duty military service
described in paragraph (1) of this subsection was at any time from January 1,
1954, until August 5, 1964, the member claiming the creditable service shall pay
the employee contributions plus interest described in subsection (g) of this
Code section as a condition of obtaining such creditable service.
(3)
No active duty military service shall be creditable under the provisions of this
subsection if such service has been or will be used in the determination of any
member's eligibility for retirement benefits or allowances from any other state
or federal retirement program, excluding social security and those retirement
programs covered under Public Law 810, 80th Congress, as amended. The maximum
amount of creditable service which may be obtained pursuant to the provisions of
this Code section is five years and the total creditable service for all
military service shall not exceed ten years. Creditable service obtained
pursuant to the provisions of this subsection may not be used to attain any
level of creditable service to qualify for a retirement benefit based on
involuntary separation from service.
(4)
Notwithstanding any other time limitation provided in this chapter for obtaining
creditable service for military service, a qualified member may obtain
creditable service pursuant to the provisions of this subsection until July 1,
1991.
(j)
Anything in this chapter to the contrary notwithstanding, any member who was on
active duty in the armed forces of the United States during any period during
which a military draft was in effect, and any member who served an uninterrupted
period of active duty which began during any such period, may receive military
service credit for such period of active duty up to a maximum of two years,
provided that such member shall pay the regular employee contribution of 5
percent of the compensation last paid to such member as an employee before
entering military service or 5 percent of the compensation first paid to such
member as an employee after returning from military service plus 4 1/2 percent
interest on such employee contributions, compounded annually to date of payment;
provided, further, that no service in the armed forces shall be deemed as
creditable under any provisions of this chapter if such service has or will be
used in the determination of any member's eligibility for retirement benefits or
allowances from any other state or federal retirement program, excluding social
security and those retirement programs covered under Public Law 810, 80th
Congress, as amended. Notwithstanding any other time limitation provided in
this chapter for obtaining creditable service for military service, a qualified
member may obtain creditable service pursuant to the provisions of this
subsection by making application therefor prior to December 31,
2003.
Reserved."
SECTION
13.
Said
title is further amended by repealing Code Section 47-2-96.1, relating to
creditable service for temporary full-time employment by legislative branch,
which reads as follows:
"47-2-96.1.
(a)
As used in this Code section, 'temporary full-time service' means employment by
the legislative branch of the state government prior to July 1, 2006, on a
full-time basis for less than nine months in any calendar year that did not
qualify the employee to be a member of the retirement system.
(b)
Any member who rendered temporary full-time service prior to becoming a
permanent full-time employee eligible for membership in the retirement system
may obtain no more than ten years of creditable service for such service on a
month-for-month basis, subject to the following requirements:
(1)
One month of creditable service shall be granted for each 20 days of temporary
full-time service, not to exceed 12 months of creditable service for all
temporary full-time service rendered during any single calendar year, provided
that no creditable service shall be granted for less than 60 days of part-time
service during a calendar year; and
(2)
The member claiming such creditable service shall pay to the board of trustees
the employer and employee contribution that would have been paid to the
retirement system if the member had been a member during the period for which
creditable service is claimed based on compensation actually received for the
temporary full-time service which is claimed as creditable service together with
regular interest thereon.
(c)
The board of trustees shall require such proof of part-time service and
compensation received therefor as may be necessary to carry out the provisions
of this Code section.
(d)
In order to obtain creditable service under this Code section, a member must
make application to the board of trustees not later than January 1,
2007.
(e)
Nothing in this Code section shall be construed as to allow any former member of
the General Assembly to obtain credit for prior legislative
service."
SECTION
14.
Said
title is further amended by repealing Code Section 47-2-96.2, relating to
creditable service for uncredited full-time service with executive branch, which
reads as follows:
"47-2-96.2.
(a)
As used in this Code section, 'uncredited full-time service' means employment by
the executive branch of the state government after January 1, 1980, and prior to
January 1, 1986, on a full-time salaried basis for which the employee was
authorized to accrue annual and sick leave but which did not qualify the
employee to be a member of the retirement system.
(b)
A member may not obtain more than three years of creditable service for
uncredited full-time service. The member claiming such creditable service shall
pay to the board of trustees the employer and employee contribution that would
have been paid to the retirement system if the member had been a member during
the period for which creditable service is claimed based on compensation
actually received for the service which is claimed as creditable service
together with regular interest thereon.
(c)
The board of trustees shall require such proof of service and compensation
received therefor as may be necessary to carry out the provisions of this Code
section.
(d)
In order to obtain creditable service under this Code section, a member must
make application to the board of trustees not later than January 1,
1999."
SECTION
15.
Said
title is further amended by repealing and reserving Code Section 47-2-97,
relating to applicability of creditable service under Code Section 47-2-93 or
subsection (b) of Code Section 47-2-96 toward involuntary separation benefits
and requirement as to full-time employment for credit, as follows:
"47-2-97.
(a)
Any other provisions of law to the contrary notwithstanding, no creditable
service of any nature which may be allowed under Code Section 47-2-93 or
subsection (b) of Code Section 47-2-96 shall be used in any manner to qualify a
member for involuntary separation benefits.
(b)
No credit shall be given under Code Section 47-2-93 except for full-time state
employment; provided, however, that service after January 1, 1954, as a tax
collector, tax receiver, or tax commissioner or as an employee of any such tax
official shall be deemed to be full-time state employment for the purposes of
this retirement system and any service as a tax commissioner, tax receiver, or
tax collector or any employee of such tax officials after January 1, 1954, to
the date any such official or employee became a member of the retirement system
shall be credited as membership service credit upon payment into the retirement
system before January 1, 1977, the employer and employee contributions, plus
regular interest thereon, for such
service.
Reserved."
SECTION
16.
Said
title is further amended by revising Code Section 47-2-110, relating to
retirement ages, application for a retirement allowance, suspension of
retirement allowance upon reemployment, and health benefits, as
follows:
"47-2-110.
(a)(1)
Upon written application to the board of trustees, any member in service who has
reached 60 years of age or who has 30 years of creditable service may retire on
a service retirement allowance, provided that he or she has at least five years
of creditable service; provided, further, that if he or she became a member
after July 1, 1968, he or she has at least ten years of creditable service. The
effective date of retirement shall be the first of the month in which the
application is received by the board of trustees, provided that no retirement
application will, in any case, be effective earlier than the first of the month
following the final month of the applicant's employment. Applications for
retirement will not be accepted more than 90 days in advance of the effective
date of retirement. Separation from service pending approval of the retirement
application shall not affect eligibility for a retirement allowance. The
provisions of this subsection regarding the effective date of retirement shall
apply to all persons making application for retirement on or after March 15,
1979, and to all persons who have made application prior to March 15, 1979, but
to whom payments from the retirement system have not commenced as of that date.
Each employer shall certify to the board of trustees the date on which the
employee's employment is or will be severed and that no agreement exists to
allow the employee to return to service, including service as or for an
independent contractor. Any return to employment or rendering of any paid
service, including service as or for an independent contractor, for any employer
within two consecutive calendar months of the effective date of retirement shall
render the severance invalid, nullifying the application for
retirement.
(2)
Normal retirement age, for purposes of the retirement system, shall be the date
the employee has reached 60 years of age, provided that he or she has at least
ten years of creditable service or the age of an employee on the date he or she
attains 30 years of creditable service; provided, however, that the provisions
of this paragraph are subject to change by future legislation in order to comply
with federal regulations. For those members who are in service with the Uniform
Division of the Department of Public Safety as an officer, noncommissioned
officer, or trooper, officers and agents of the Georgia Bureau of Investigation,
conservation rangers of the Department of Natural Resources, or in the
Department of Revenue as an alcohol and tobacco officer or agent, normal
retirement age shall be the date the employee has reached 55 years of age,
provided that he or she has at least ten years of creditable service. For
purposes of Section 402(l) of the federal Internal Revenue Code regarding
distributions from governmental plans for health and long-term care insurance
for public safety officers, normal retirement age shall be the earliest date
when the employee has satisfied the requirements for a retirement allowance
under the retirement system. Except as provided under Article 2 of Chapter 1 of
this title, a member's right to his or her retirement allowance is
nonforfeitable upon attainment of normal retirement age.
(b)(1)
Effective July 1, 1983, no member of the retirement system may be required to
retire because of age except the following members:
(A)
Those employed as prison guards by the Department of Corrections;
(B)
Those employed by the Uniform Division of the Department of Public Safety as
officers and troopers;
(C)
Those employed by the Department of Natural Resources as conservation
rangers;
(D)
Those employed by the Department of Revenue as alcohol and tobacco officers or
agents;
(E)
Those employed as officers or agents of the Georgia Bureau of
Investigation;
(F)
Those employed by the Department of Transportation as enforcement officers prior
to July 1, 2001;
(G)
Those employed by the Department of Motor Vehicle Safety as enforcement officers
on or after July 1, 2001; and
(H)
Those employed by the State Board of Pardons and Paroles as parole officers as
well as other employees of said board who possess the power of
arrest.
(2)
Those members specified by paragraph (1) of this subsection who may be required
to retire because of age shall be subject to the laws specifying retirement ages
for the various classifications of such members or subject to the rules,
regulations, or policies specifying retirement ages of the various state
departments or agencies employing such members, provided such rules,
regulations, or policies are in compliance with other laws of this state. Any
state department or agency specified in paragraph (1) of this subsection shall
be authorized to employ or continue the employment of any member, regardless of
age, with professional, scientific, or technical skills who is so certified to
the board of trustees by the state department or agency.
(c)(b)(1)
As used in this subsection, in addition to the definition provided in Code
Section 47-2-1, the term 'employer' shall also include the retired member's last
employer which reported to the retirement system prior to the member's effective
date of retirement. Such term shall also include the Board of Regents of the
University System of Georgia.
(2)
Except as provided in this subsection, if a member accepts paid employment with
or renders services for pay to any employer, including, without limitation,
service directly or indirectly as or for an independent contractor, after his or
her retirement, payment of his or her retirement allowance shall be suspended
and no contributions to the retirement system shall be made on account of such
service either by that member or his or her employer, provided that, upon
termination of such service, all rights shall vest in that member as if he or
she had continued his or her option to retire.
(3)
The retirement allowance of a retired member who accepts employment with or
renders services to any employer after his or her retirement shall not be
suspended if the employee has attained normal retirement age or has not been
employed by or rendered service for any employer for at least two consecutive
calendar months and performs no more than 1,040 hours of paid employment or paid
service, including, without limitation, service as or for an independent
contractor, for the employer in any calendar year.
(4)
Any employer that employs a retired plan member shall within 30 days of the
employee's accepting employment notify the board of trustees in writing stating
the name of the plan member and the number of hours the employee is expected to
work annually and shall provide such other information as the board may request.
If the retired plan member performs more than 1,040 hours in any calendar year,
the employer shall so notify the board of trustees as soon as such information
is available. Any employer that fails to notify the board of trustees as
required by this subsection shall reimburse the retirement system for any
benefits wrongfully paid. It shall be the duty of the retired plan member
seeking employment by the employer to notify the employer of his or her
retirement status prior to accepting such position. If a retired plan member
fails to so notify the employer and the employer becomes liable to the
retirement system, the plan member shall hold the employer harmless for all such
liability.
(d)(c)
The board of trustees is authorized to provide by rule or regulation for the
payment of benefits to members or beneficiaries of the retirement system at a
time and under circumstances not provided for in this chapter to the extent that
such payment is required to maintain the retirement system as a 'qualified
retirement plan' for the purposes of federal income tax laws."
SECTION
17.
Said
title is further amended by revising Code Section 47-2-111, relating to
retirement allowance for members subject to involuntary separation and persons
eligible to retire at age 55, as follows:
"47-2-111.
(a)
Any other provision of law to the contrary notwithstanding, any member stated in
subparagraphs (b)(1)(B) through (b)(1)(E) of Code Section 47-2-110 who is
subject to the involuntary separation provisions of Code Section 47-2-123 and
who retires upon or after attaining the age of 55, whether or not retirement at
such age is required by law, shall upon application receive a retirement
allowance which shall consist of:
(1)
In the case of a member with at least 20 years of service, the service
retirement allowance which would have been payable upon service retirement at
age 60 had the member continued in service to age 60 without further change in
compensation;
(2)
In the case of a member with at least 25 years of service, 75 percent of the
service retirement allowance which would have been payable upon service
retirement at age 65 had the member continued in service without further change
in compensation; or
(3)
In the case of a member with at least 30 years of service, the service
retirement allowance which would have been payable upon service retirement at
age 65 had the member continued in service without further change in
compensation.
Any
provisions of this chapter to the contrary notwithstanding, in the application
of paragraphs (1) through (3) of this subsection relating to allowances other
than for disability or death, projected retirement allowance computations shall
be made on the basis of the member's highest total monthly earnable
compensation, as reflected by monthly contributions made during the last 24
calendar months in which the member had made contributions, except that no
salary increase by adjustment in compensation in any manner in excess of 10
percent during the last 12 months of membership service shall be included in the
projected computation.
(b)
Any other provision of this chapter to the contrary notwithstanding, any member
employed by the Uniform Division of the Department of Public Safety as an
officer, a noncommissioned officer, or a trooper; by the Georgia Bureau of
Investigation as an officer or agent; by the Department of Natural Resources as
a conservation ranger; or by the Department of Revenue as an alcohol and tobacco
officer or agent or as an officer or agent of the Special Investigations Unit
shall be eligible to retire at age 55 if he or she has the minimum number of
years of creditable service provided in Code Section 47-2-110, and upon
retirement such member shall be paid not less than the service retirement
allowance which would have been payable to such member upon service retirement
at age 65 without a change in compensation and with the same number of years'
creditable service to which such member is entitled at the time of
retirement."
SECTION
18.
Said
title is further amended by revising subsection (a) of Code Section 47-2-120,
relating to retirement allowances, as follows:
"(a)
Upon service retirement, a member shall receive a service retirement allowance
which shall consist of:
(1)
An annuity which shall be the actuarial equivalent of his
or
her accumulated contributions at the time
of his or
her retirement;
and
(2)
A pension equal to the annuity allowable at age of retirement, but not to exceed
an annuity which would have been allowed at age 65, which pension shall be
computed on the basis of his
or
her contributions made prior to attaining
age 65, provided that any member may continue his
or
her contributions after attaining 65 years
of age, and by so doing shall receive membership service credit for such period
of time, which shall be used in the computation of retirement
allowances;
and
(3)
If he has a prior service certificate in full force and effect, an additional
pension which shall be equal to the annuity allowable at age of retirement,
provided that such pension does not exceed the annuity which would have been
allowable at age 65 by more than twice the amount of his prior service
accumulations as defined in Code Section 47-2-96 with regular interest on such
amount as from time to time in effect, which interest shall be figured from the
date of establishment until the earlier of the date of his retirement or the
date on which he attains 65 years of
age."
SECTION
19.
Said
title is further amended by repealing Code Section 47-2-142, relating to credit
for prior service rendered by persons transferred under load to a federal agency
but ineligible for federal service retirement membership who served overseas
with the Red Cross during World War II, which reads as follows:
"47-2-142.
Anything
in this chapter to the contrary notwithstanding, those persons who were members
of the retirement system on January 1, 1973, and who (1) were transferred under
loan from an employer to a federal agency during World War II; (2) during the
period of the loan, were selected by the United States government from official
registers of the State Personnel Administration, paid according to state salary
schedules, but were ruled ineligible for federal civil service retirement
membership; (3) were transferred from an employer to a federal agency, but whose
work was continued under the supervision and control of the employer; or (4)
resigned or took a leave of absence from an employer to accept overseas service
with the American Red Cross or other Red Cross organization during World War II
and who were subsequently rehired or reinstated by an employer shall be entitled
to service credit for periods during which they were so employed."
SECTION
20.
Said
title is further amended by repealing and reserving Code Section 47-2-160,
relating to inclusion of General Assembly members in retirement system, effect
on rights under the Georgia Legislative Retirement System, rules and
regulations, and amount and financing of contributions, as follows:
"47-2-160.
(a)
Effective May 1, 1971, members of the Georgia Legislative Retirement System
under Chapter 6 of this title shall become members of the Employees' Retirement
System of Georgia and shall be subject to all conditions and provisions of this
chapter, provided that this Code section shall not deny any such member any
rights and privileges now provided for under the Georgia Legislative Retirement
System.
(b)
On and after May 1, 1971, future members of the General Assembly, the Clerk of
the House of Representatives, and the Secretary of the Senate and on and after
March 27, 1972, doorkeepers and messengers for either house of the General
Assembly shall, upon taking office, become members of this retirement system and
shall be ineligible for membership in the Georgia Legislative Retirement
System.
(c)
Present beneficiaries of the Georgia Legislative Retirement System shall
continue to receive retirement allowances or other benefits under Chapter 6 of
this title as obligations of the Employees' Retirement System of
Georgia.
(d)
The board of trustees is authorized to establish rules and regulations in order
to carry out this Code section, including, but not limited to, rules and
regulations with regard to the transfer to the appropriate accounts within the
retirement system of the member's account, the accumulation account, and such
assets that are now held in the name of the Georgia Legislative Retirement
System.
(e)
In order to carry out this Code section, the future contributions made by the
state to the retirement system shall be determined by the board of trustees each
year on the basis of the most recent actuarial valuation; and it shall certify
to the legislative fiscal officer the contributions owed by the state to the
retirement system. The state's contributions shall be financed from funds
appropriated to the General Assembly and shall include such sums as are found
necessary in order to create reserves in the retirement system sufficient (1) to
cover the cost of the retirement allowances then currently accruing under the
retirement system, (2) to include a contribution each year toward the cost of
service prior to January 1, 1967, and (3) to cover any administrative expense
which the board of trustees may incur under this Code section. The legislative
fiscal officer is authorized and directed to pay to the board of trustees from
funds appropriated to the General Assembly the future contributions of the
state, together with the funds necessary to cover the required employer
contributions for social security
coverage.
Reserved."
SECTION
21.
Said
title is further amended by repealing and reserving Code Section 47-2-161,
relating to membership service credit for service as a member of the General
Assembly between January 1, 1954, and January 1, 1967, as follows:
"47-2-161.
Any
member who was an employee of a state department, as reflected in the report of
the state auditor, under Code Section 50-6-27, for the fiscal years ending June
30, 1967, or June 30, 1970, and who was a member of the General Assembly between
January 1, 1954, and January 1, 1967, may receive membership service credit for
service as a member of the General Assembly, upon payment to the retirement
system of an amount equal to 6 percent of his annual base pay and allowances
received during such period for services as a member of the General Assembly,
provided that such payment is made by January 1, 1982; provided, further, that
no more than one year of creditable service shall be allowed for all service in
a calendar year. Upon payment of such contributions, such member shall be
eligible for any prior service allowable under this chapter. The provisions of
this Code section shall be applicable for the establishment of service credit
under subsection (k) of Code Section
47-2-244.
Reserved."
SECTION
22.
Said
title is further amended by repealing Code Section 47-2-166, relating to
membership of persons elected at the November, 1966, general election, employer
contributions, and use of General Assembly service for involuntary separation
allowance, which reads as follows:
"47-2-166.
(a)
Any person who was elected as a member of the General Assembly at the November,
1966, general election and who was a member of the retirement system at the time
he took his oath of office as a member of the General Assembly shall be
continued as a member of the retirement system in the same manner as any other
member of the retirement system during all continuous terms of office, provided
that he has not lost his membership in the retirement system and he makes the
contributions required under the retirement system.
(b)
The legislative fiscal officer is authorized and directed to pay employer
contributions for members under this Code section from the funds appropriated
for or otherwise made available for the operations of the legislative branch of
government of the state. Service credited to a member under this Code section
shall not be counted as creditable service toward an involuntary separation
allowance under this chapter."
SECTION
23.
Said
title is further amended by repealing Code Section 47-2-167, relating to rights
of persons who were messengers or doorkeepers and who were members of the system
as of January 8, 1973, which reads as follows:
"47-2-167.
Any
person who was serving as messenger or doorkeeper of either house of the General
Assembly on January 8, 1973, and who was a member of the retirement system on
that date shall:
(1)
Acquire the same rights and credits in the same manner and under the same
conditions; and
(2)
Be authorized to make contributions to the retirement system in the same
amounts, in the same manner, and under the same conditions,
as
would a member of the General Assembly under the Georgia Legislative Retirement
System."
SECTION
24.
Said
title is further amended by repealing Code Section 47-2-168, relating to credit
for service to the legislative branch of government by persons employed by the
Legislative Services Committee prior to May 1, 1959, and contributions, which
reads as follows:
"47-2-168.
Anything
in this chapter to the contrary notwithstanding, any employee of the legislative
branch of government who was employed by the Legislative Services Committee
prior to May 1, 1959, shall receive creditable service, year for year, for
service to any officer in his official capacity or to any department, division,
or office of either house of the legislative branch of government. All
contributions which would have been paid shall be paid by the employer into the
pension accumulation fund."
SECTION
25.
Said
title is further amended by repealing and reserving Code Section 47-2-180,
relating to right to a prior service certificate for service as a teacher in the
public schools of Georgia and contents of application for a certificate, as
follows:
"47-2-180.
Anything
in this chapter to the contrary notwithstanding, any employee who, prior to his
employment with an employer subject to this chapter, was a teacher in the public
schools of this state shall be entitled to a prior service certificate for
service rendered as a teacher in such public schools, provided that he filed an
application with the board of trustees by May 4, 1949. Such application shall
contain satisfactory evidence of such service as a teacher and a record of
earnable compensation for any portion of such service rendered during the last
five years immediately prior to July 1,
1949.
Reserved."
SECTION
26.
Said
title is further amended by repealing and reserving Code Section 47-2-200,
relating to membership of heads of state departments or agencies who are
constitutional officers, contributions, service credits, retirement allowances,
and survivors benefits, as follows:
"47-2-200.
(a)
The provisions of this or any other law to the contrary notwithstanding, the
head of any state department or agency who is an elected constitutional officer
and who was previously ineligible by law for membership in the retirement system
may, at any time on or before March 31, 1965, elect to become a member of the
retirement system by notifying the director of the Employees' Retirement System
of Georgia.
(b)
Upon the effective date of his membership, he shall begin making regular
employee contributions under this chapter and shall be entitled to all the
retirement allowances and credits under it in the same manner as if he had
become a member of the retirement system on January 1, 1950, which credits shall
include credit for prior service and any service performed by him as an employee
after that date.
(c)
All employer contributions which would have been reported for such a person
between January 1, 1950, and April 1, 1964, shall be paid by the employer into
the pension accumulation fund in such manner and over such period of time as
shall be agreed upon between the board of trustees and the
employer.
(d)
Eligibility for survivors benefits for any such person shall be determined on
the same basis as that applicable to all other members who were in state
employment on or after January 1, 1953, and benefit amounts shall be based upon
the age of such person on the effective date of his membership with the
retirement system.
Reserved."
SECTION
27.
Said
title is further amended by repealing and reserving Code Section 47-2-201,
relating to director status inhibiting eligibility for corresponding emeritus
positions, as follows:
"47-2-201.
The
provisions of this or any other law to the contrary notwithstanding, any person
who becomes director of the Office of Treasury and Fiscal Services, State School
Superintendent, Commissioner of Insurance, Secretary of State, Attorney General,
Commissioner of Labor, Commissioner of Agriculture, or Public Service
Commissioner after April 1, 1964, shall become a member of the retirement system
and shall not be eligible for the corresponding emeritus position, provided that
any person holding any of these offices on April 1, 1964, shall not be
prohibited from appointment to the corresponding emeritus
position.
Reserved."
SECTION
28.
Said
title is further amended by repealing and reserving Code Section 47-2-224,
relating to mandatory retirement age and monthly benefits for certain members of
the Department of Natural Resources and of the Department of Revenue and waiver
of mandatory retirement age, as follows:
"47-2-224.
(a)
For purposes of this Code section, the term 'highest average compensation' means
the member's highest average monthly earnable compensation during a period of
eight consecutive calendar quarters while a member of the retirement system but
shall not include any decrease in salary that is in excess of two 5 percent
decreases during such eight calendar quarters.
(b)
Any other provisions of this chapter to the contrary notwithstanding, every
person who is in service on June 30, 1974, as a conservation ranger of the
Department of Natural Resources, or in the Department of Revenue as an alcohol
and tobacco officer or agent; every person who enters or reenters such service
on or after July 1, 1974; every person who is in service in the Department of
Revenue as an officer or agent of the Special Investigations Unit on June 30,
1978; and every person who enters or reenters such service on or after July 1,
1978, shall be deemed a member under this Code section and shall retire upon
reaching the mandatory retirement age prescribed by subsection (c) of this Code
section; and upon retirement he shall receive the regular retirement benefits
under this chapter, provided that in any case he shall receive a monthly
retirement benefit equal to at least 2 percent of his highest average
compensation for each year of creditable service; provided, further, that he has
filed an application therefor in a manner similar to that provided in Code
Section 47-2-110.
(c)
Any member subject to this Code section shall be retired on the last day of the
month following the month in which he reaches 55 years of age, provided that,
during the years 1974 through 1979, any such member may be retired on the last
day of the month following the month in which he reaches the retirement age set
forth below:
|
Year Retirement
Age
|
|
60
or over
|
|
59
|
|
58
|
|
57
|
|
56
|
|
55
|
(d)
Any member 60 years of age or over on July 1, 1974, shall be retired on July 31,
1974. During the years 1975 through 1979, any member who has reached one of the
mandatory retirement ages specified in this Code section by January 1 of a year
shall be retired on January 31 of that year.
(e)
The Board of Natural Resources may waive the mandatory retirement ages specified
in this Code section for conservation rangers as necessary to permit members who
entered such service in the department on or before June 30, 1965, to complete
service sufficient to provide them with 25 years of total creditable service.
Such a member shall be retired on the last day of the month following the month
in which he completes such service. The Board of Natural Resources, in its
discretion, may waive the mandatory retirement ages specified in this Code
section for conservation rangers in a supervisory classification upon
application of such members or upon the initiation by the board of trustees,
provided that such waivers to members in a supervisory classification shall not
be extended to such members who have reached 60 years of age.
(f)
Subsections (c) through (e) of this Code section shall not apply to any
conservation ranger in a supervisory classification whose supervisory duties are
not all or predominantly in the field of law enforcement.
(g)
The mandatory retirement ages specified for an alcohol and tobacco officer or
agent of the Department of Revenue may be waived by the state revenue
commissioner as necessary to permit such members who enter service on or before
January 31, 1974, to complete service sufficient to provide them with 25 years
of total creditable service. Such a member shall be retired on the last day of
the month following the month in which he completes such service. The mandatory
retirement ages specified may also be waived by the state revenue commissioner,
at his discretion, for alcohol and tobacco officers or agents in a supervisory
classification upon application of such officers or agents or upon initiation by
the state revenue commissioner, provided that such waivers to members in a
supervisory classification shall not be extended to such members who have
reached 60 years of age. This subsection shall not apply to any alcohol and
tobacco officer or agent in a supervisory classification whose supervisory
duties are not all or predominantly in the field of law
enforcement.
(h)
The mandatory retirement ages may be waived by the state revenue commissioner
for an officer or agent of the Special Investigations Unit as necessary to
permit such members who entered service on or before January 31, 1974, to
complete service sufficient to provide them with 25 years of total creditable
service. Such a member shall be retired on the last day of the month following
the month in which he completes such service. The mandatory retirement ages may
also be waived by the state revenue commissioner, in his discretion, for
officers or agents of the Special Investigations Unit in a supervisory
classification upon application of such officers or agents or upon initiation by
the commissioner, provided that such waivers to members in a supervisory
classification shall not be extended to such members who have reached 60 years
of age. This subsection shall not apply to any officer or agent of the Special
Investigations Unit in a supervisory classification whose supervisory duties are
not all or predominantly in the field of law
enforcement.
Reserved."
SECTION
29.
Said
title is further amended by repealing and reserving Code Section 47-2-261,
relating to transfers of credits and funds from the District Attorneys
Retirement Fund of Georgia upon employment by an agency subject to the
Employees' Retirement System of Georgia, as follows:
"47-2-261.
(a)
Anything in this chapter to the contrary notwithstanding, any member of the
District Attorneys Retirement Fund of Georgia who without a break in service
becomes an employee of an employer under the retirement system who desires to
transfer his or her credits in the District Attorneys Retirement Fund of Georgia
to the retirement system shall file an application for the transfer of such
credits with the board of trustees. Upon transfer of funds pursuant to Code
Section 47-12-44, he or she shall be given all creditable service otherwise
authorized by this chapter.
(b)
Any person who is subject to the provisions of subsection (b) of Code Section
47-23-46 and who elects to reestablish membership in this retirement system
pursuant to such subsection shall receive such creditable service as the sum
paid to this retirement system pursuant to such subsection will warrant without
creating any unfunded actuarial accrued liability as to this retirement
system.
Reserved."
SECTION
30.
Said
title is further amended by revising Code Section 47-2-262, relating to
membership in the retirement system of assistant district attorneys and
employees of the Prosecuting Attorneys' Council, notice of election to become a
member, and contributions, as follows:
"47-2-262.
(a)
As used in this Code section, the term:
(1)
'Assistant district attorneys' means assistant district attorneys who are
compensated from state funds pursuant to Code Section 15-18-14.
(2)
'Prosecuting Attorneys' Council of the State of Georgia' means the Prosecuting
Attorneys' Council of the State of Georgia created by Article 2 of Chapter 18 of
Title 15.
(b)
Each assistant district attorney and each employee of the Prosecuting Attorneys'
Council of the State of Georgia, hereinafter in this Code section collectively
referred to as 'employee' or 'employees,'
employed on
June 30, 1979, may elect to become a member of the Employees' Retirement System
of Georgia. Any such employee electing to become a member of the retirement
system shall so notify the board of trustees not later than October 1, 1979.
Any such employee who failed to notify the board of trustees by that date shall
not at any time thereafter be eligible for membership in the retirement system.
Any person who becomes an employee on or
after July 1, 1979, shall become a member of the Employees' Retirement System of
Georgia as a condition of his or her employment, unless he or she is eligible
for membership in another publicly supported retirement or pension system or
fund which provides retirement benefits based wholly or partially on
compensation of such employee paid from state funds. An employee who is
eligible for membership in any such other publicly supported retirement or
pension system or fund may elect to become a member of the retirement system in
lieu of membership in such other publicly supported retirement or pension system
or fund by notifying the board of trustees of such election within 90 days after
becoming employed with the Prosecuting Attorneys' Council of the State of
Georgia. Any such employee who fails to notify the board of trustees within
such time shall not at any time thereafter be eligible for membership in the
retirement system. The state salary paid to employees who become members of the
retirement system shall be the basis for employee and employer contributions for
such employees. All employer contributions required by this chapter for such
members shall be paid from funds appropriated or otherwise available. The
Prosecuting Attorneys' Council of the State of Georgia shall deduct from the
state salaries payable to such members the employee contributions required by
this chapter.
(c)
Any person who was required to become a member of this retirement system by
operation of subsection (b) of this Code section but who failed to do so at the
time he or she was so required because of an administrative error may receive
creditable service for all or a portion of such period of prior service by
paying to the board of trustees an amount which would warrant the grant of
creditable service without creating any additional actuarial accrued liability
as to the retirement system. Such payment may include a transfer of funds from
a money purchase pension plan maintained by the employee's employer prior to
July 1, 2004, which shall be credited to the employee's annuity account
established by the retirement system. The employee's employer is authorized to
supplement such amount."
SECTION
31.
Said
title is further amended by revising Code Section 47-2-266, relating to
membership of judicial employees and contributions, as follows:
"47-2-266.
(a)
As used in this Code section, the term:
(1)
'Judicial employee' means:
(A)
A full-time assistant to a district administrative judge and any full-time
secretarial or clerical judicial administrative district employee employed
pursuant to the provisions of Code Section 15-5-6;
(B)
A full-time employee of The Council of Superior Court Judges of Georgia provided
for in Code Section 15-6-34;
and
(C)
A full-time employee employed for the purpose of assisting sentence review
panels provided for in Code Section 17-10-6; and
(D)(C)
A full-time court administrator for a judicial circuit employed pursuant to the
provisions of Code Section 15-6-28.
(2)
'Prior service as a judicial employee' means service as a judicial employee
rendered prior to July 1, 1990, or prior to July 1, 1992, as applied to a
judicial employee specified in subparagraph
(D)(C)
of paragraph (1) of this subsection.
(b)
Effective on July 1, 1990, or on July 1, 1992, as applied to a judicial employee
specified in subparagraph
(a)(1)(D)
(a)(1)(C)
of this Code section, or on first becoming a judicial employee at any time after
either such date, as applicable, each judicial employee shall become a member of
the Employees' Retirement System of Georgia as a condition of
employment.
(c)
Any person becoming a member of the retirement system pursuant to the provisions
of this Code section shall be subject to the provisions of Code Section
47-2-334, except that any member of the retirement system who, without any break
in service, accepts employment as a judicial employee shall continue in the same
membership status possessed by the member immediately prior to accepting such
employment without any interruption in membership service and without the loss
of any creditable service.
(d)(c)
The salary paid from state funds to each judicial employee shall be the basis
for employee and employer contributions to the retirement system for the
purposes of this Code section. All employer contributions, including employee
contributions made by the employer on behalf of members, shall be paid from
funds appropriated or otherwise made available for the operation of the judicial
branch of the state government. Employee contributions of members under this
Code section shall be deducted and remitted to the board of trustees by the
appropriate employing authority.
(e)(d)
Any person who was a member of the retirement system immediately prior to
becoming a judicial employee and who has not withdrawn employee contributions
from the retirement system shall receive full creditable service for membership
service in the retirement system which was completed prior to becoming a
judicial employee and shall have the same membership status in the retirement
system which the person possessed immediately prior to becoming a judicial
employee.
(f)(e)(1)
A person becoming a member of the retirement system pursuant to the provisions
of this Code section may obtain creditable service for prior service as a
judicial employee if the following payments are made to the board of
trustees:
(A)
The person claiming the creditable service shall pay the employee contributions
that would have been paid to the retirement system if the person had been a
member during the period for which creditable service is claimed plus regular
interest on such employee contributions compounded annually from the time the
prior service was rendered to the date of payment; and
(B)
The Council of Superior Court Judges of Georgia, the president of The Council of
Superior Court Judges of Georgia, or the district administrative judge employing
the person claiming the creditable service shall pay the employer contributions
that would have been paid to the retirement system if the person claiming the
creditable service had been a member during the period of time for which
creditable service is claimed plus regular interest on such employer
contributions compounded annually from the time the prior service was rendered
to the date of payment. For prior service as a judicial employee specified in
subparagraph
(a)(1)(D)
(a)(1)(C)
of this Code section, the employer contributions plus interest required by this
subparagraph shall be paid by
the
The
Council of Superior Court Judges of Georgia from funds appropriated or available
for the operation of the superior courts.
(2)
The employee and employer contributions provided for in paragraph (1) of this
subsection shall be determined on the basis of compensation actually received as
a judicial employee during the period of prior service for which creditable
service is claimed. The employer contributions plus interest thereon provided
for in subparagraph (B) of paragraph (1) of this subsection may be paid from any
funds of the judicial branch of the state government appropriated or otherwise
available to The Council of Superior Court Judges of Georgia or district
administrative judges or appropriated or available for the operation of the
superior courts.
(3)
Any member qualified to obtain creditable service pursuant to the authority of
subparagraph (a)(1)(D) of this Code section shall apply to the board of trustees
for such creditable service by not later than July 1,
1993."
SECTION
32.
Said
title is further amended by revising Code Section 47-2-292, relating to merit
system of personnel administration for county revenue employees, membership in
retirement system, contributions, and credit for prior service, as
follows:
"47-2-292.
(a)
The offices of the tax commissioners, tax collectors, and tax receivers of the
counties of this state are declared to be adjuncts of the Department of Revenue,
such offices assisting in the returning and collecting of state taxes. All tax
commissioners, tax collectors, and tax receivers and employees in their offices
shall be subject to a merit system of personnel administration, as promulgated
by each such office, under which all such officials and employees shall perform
services on the basis of merit, fitness, and efficiency.
(b)
All individuals who served as such officials and employees on or after December
1, 1956, are eligible to become members of Division A of the retirement system.
Any individual who becomes such an official or employee after August 1, 1958,
shall become a member of Division A of the retirement system as a condition of
his employment.
(c)(b)
The official in charge of such office, if he
or
she is responsible for the payment of the
employees in that office, or the governing authority of the county, if the
official and the employees are paid by it, shall deduct or collect from each
member the employee contributions required by this chapter and shall remit the
same to the retirement system as required by regulations. The state revenue
commissioner is authorized and directed to pay from the funds appropriated for
the operation of the Department of Revenue, the employer contributions required
by this chapter, upon receipt of an invoice from the retirement
system.
(d)(c)
In addition to the regular employer contributions required by this chapter, the
state revenue commissioner is authorized and directed to pay from the funds
appropriated for the operation of the Department of Revenue an additional
contribution, as determined by the board of trustees, in a regular monthly
amount sufficient to amortize, within a period of not more than 20 years, the
prior service values of such members.
(e)
All tax commissioners, tax collectors, tax receivers, and the employees in their
offices who were in service on or after December 1, 1956, shall be entitled to
all prior service credits authorized under this chapter in the same manner as if
they had been members of the retirement system on such date, provided that prior
service credits shall be available only to persons who become members at the
time coverage was originally extended to them. No prior service credit shall be
available to a person who became such an official or employee after August 1,
1958. The value of the prior service credits under this Code section shall not
be in excess of the value of 25 years of prior service.
(f)(d)
Except for those persons holding office on June 30, 1983, and except as
otherwise provided by subsection
(h)
(f)
of this Code section, any person who becomes a tax commissioner, tax collector,
or tax receiver at any time after June 30, 1983, shall be a member of the
retirement system under the provisions of Code Section 47-2-334 as a condition
of holding office. Any person holding office as a tax commissioner, tax
collector, or tax receiver on June 30, 1983, except such officials who are then
members of the retirement system and except as otherwise provided by subsection
(h)
(f)
of this Code section, shall have the option of becoming a member of the
retirement system, and such option must be exercised by not later than June 30,
1984. Such officials electing membership in the retirement system may obtain
creditable service under the retirement system for actual previous service as
tax commissioner, tax collector, or tax receiver or as an employee of any such
official by paying to the board of trustees the regular employer and employee
contributions for each year or portion thereof claimed as previous service, with
the computation of such contributions being based on the compensation of the
official at the time of becoming a member of the retirement system. In addition
to such employer and employee contributions, the official claiming such previous
service shall pay interest at the rate of 6 percent per annum on the amount of
such contributions compounded annually from the time the previous service was
rendered until payment is made to the board of trustees. The payment required
for such previous service shall be made to the board of trustees at the time
application is made for membership in the retirement system. Except for the
right to obtain creditable service for previous service as provided in this
subsection, any official holding office on June 30, 1983, who elects membership
in the retirement system shall be under the provisions of Code Section
47-2-334.
(g)(e)
Except for those persons in employment on June 30, 1983, and except as otherwise
provided by subsection
(h)
(f)
of this Code section, any person who becomes an employee of a tax commissioner,
tax collector, or tax receiver at any time after June 30, 1983, shall have the
option, which must be exercised within 180 days after the date of employment, of
becoming a member of the retirement system under the provisions of Code Section
47-2-334. Any person employed by a tax commissioner, tax collector, or tax
receiver on June 30, 1983, except such employees who are then members of the
retirement system and except as otherwise provided by subsection
(h)
(f)
of this Code section, shall have the option of becoming a member of the
retirement system, and such option must be exercised by not later than June 30,
1984. Such employees electing membership in the retirement system may obtain
creditable service under the retirement system for actual previous service as an
employee of a tax commissioner, tax collector, or tax receiver by paying to the
board of trustees the regular employer and employee contributions for each year
or portion thereof claimed as previous service, with the computation of such
contributions being based on the compensation of the employee at the time of
becoming a member of the retirement system. In addition to such employer and
employee contributions, the employee claiming such previous service shall pay
interest at the rate of 6 percent per annum on the amount of such contributions
compounded annually from the time the previous service was rendered until
payment is made to the board of trustees. The payment required for such previous
service shall be made to the board of trustees at the time application is made
for membership in the retirement system. Except for the right to obtain
creditable service for previous service as provided in this subsection, any
person employed on June 30, 1983, who elects membership in the retirement system
shall be under the provisions of Code Section 47-2-334.
(h)(f)
Notwithstanding any other provisions of this Code section, no tax commissioner,
tax collector, tax receiver, or any employee of any such official shall be
eligible for membership in the retirement system if such official or employee is
covered or becomes covered by any other public retirement or pension system,
excluding social security coverage and coverage under any county or other local
retirement or pension system. The provisions of subsections (a),
(c)
(b),
and
(d)
(c)
of this Code section shall apply to any tax officials or their employees who
become members of the retirement system pursuant to subsections
(f)
(d)
and
(g)
(e)
of this Code section."
SECTION
33.
Said
title is further amended by revising subsection (c) of Code Section 47-2-298,
relating to employees of county departments of family and children services, as
follows:
"(c)
Employees or former employees of a county department of family and children
services were in service on July 1, 1996, and who are subject to the provisions
of this Code section
shall
and who failed
to exercise the option provided by this
Code section by notification in writing to the board of trustees of this
retirement system, the board of trustees or other managing body of the local
retirement system, and to the county governing authority
in a timely
manner shall be forever barred from exercising such
option.
Such
notification must be made by not later than December 31,
1996. For employees or former employees
of a county department of family and children services who become members of
this retirement system after July 1, 1996, such election and notification must
be made within six months of becoming a member of this retirement system. Any
such employee failing to exercise the option granted by this Code section within
such time limitation shall not at any time thereafter be eligible to become a
member of this retirement system as an employee of a county department of family
and children services. Any such employee shall make payment to the board of
trustees of this retirement system of a sum equal to
their
his or
her employee contributions which had been
paid to the local retirement system during the years of service for which credit
is being claimed and thereafter shall not be entitled to receive any benefit
from the local retirement system."
SECTION
34.
Said
title is further amended by repealing Code Section 47-2-299, relating to
creditable service for service as employee of private nonprofit hospital, which
reads as follows:
"47-2-299.
(a)
Any member who is an employee of a community service board created by Code
Section 37-2-6 may obtain creditable service for prior service as an employee of
a private nonprofit hospital which was deemed to be the community health center
through a contractual master agreement with the Department of Human Resources
and which was authorized to bill Medicaid for outpatient clinic option services
under the state community mental health program prior to December 31, 1991, and
who, without a break in service, became an employee of the community service
board in the same position he or she held with the private hospital. Such
credit shall be granted regardless of whether any prior service has been used or
may be used in the determination of the member's eligibility for retirement
benefits or allowances in a private retirement system.
(b)
In order to obtain creditable service as provided by this Code section, the
member shall make application to the board of trustees in such form as the board
deems proper, accompanied by such evidence of prior employment as the board
deems necessary and payment of such amount as determined by the actuary as
necessary to grant such benefit without creating any accrued actuarial liability
as to this retirement system.
(c)
Application for the creditable service provided by this Code section must be
made not later than December 31, 2002."
SECTION
35.
Said
title is further amended by repealing and reserving Code Section 47-2-311,
relating to credit for service by persons formerly employed by the Georgia Warm
Springs Foundation and payments required in order to obtain credit, as
follows:
"47-2-311.
Any
member who was formerly an employee of the Georgia Warm Springs Foundation but
who became an employee of the state under the terms of an agreement, effective
November 1, 1973, between the state and the Georgia Warm Springs Foundation and
who became a member of the retirement system shall be eligible to receive credit
for previous employment service with the Georgia Warm Springs Foundation, upon
payment to the retirement system of his accrued liability, as determined by the
board of trustees. This option must be exercised by such member not later than
December 31, 1974. Any member electing this option may purchase all or any
portion of his previous employment service with the Georgia Warm Springs
Foundation and full payment for the accrued liability of such service shall be
made at the time of such election. Each such member shall be allowed one
election and no additional service may subsequently be
purchased.
Reserved."
SECTION
36.
Said
title is further amended by repealing and reserving Code Section 47-2-319,
relating to membership in the retirement system of officers and employees of the
Georgia Hazardous Waste Management Authority and contributions, as
follows:
"47-2-319.
(a)
As used in this Code section, the term 'Georgia Hazardous Waste Management
Authority' or 'authority' means the Georgia Hazardous Waste Management Authority
established by Article 4 of Chapter 8 of Title 12.
(b)
Effective on July 1, 1990, or on first becoming officers or employees of the
Georgia Hazardous Waste Management Authority, all officers and employees of the
Georgia Hazardous Waste Management Authority shall become members of the
retirement system. Any officer or employee of the authority who was already a
member of the retirement system on July 1, 1990, and any member of the
retirement system who, without any break in service, becomes an officer or
employee of the authority on or after July 1, 1990, shall continue in the same
membership status without any interruption in membership service and without the
loss of any creditable service. Except as otherwise provided in this subsection,
any person becoming a member of the retirement system pursuant to the provisions
of this Code section shall be subject to the provisions of Code Section
47-2-334.
(c)
All employer contributions, including employee contributions made on behalf of
members, which are required by this chapter shall be made for members who are
subject to the provisions of this Code section from funds appropriated or
otherwise available for the operation of the Georgia Hazardous Waste Management
Authority. The authority shall deduct from the salaries payable to such members
the additional employee contributions required by this
chapter.
Reserved."
SECTION
37.
Said
title is further amended by repealing and reserving Code Section 47-2-325,
relating to membership in retirement system of prior employees of the Foundation
for Public Broadcasting in Georgia, Inc., as follows:
"47-2-325.
Any
member who was formerly an employee of the Foundation for Public Broadcasting in
Georgia, Inc., who became an employee of the Georgia Public Telecommunications
Commission created July 1, 1990, by Chapter 13 of Title 20, and who became a
member of this retirement system at that time shall be eligible to receive
credit for previous employment service with the Foundation for Public
Broadcasting in Georgia, Inc., upon payment to the retirement system of his or
her accrued liability, as determined by the board of trustees. Such option must
be exercised by such member not later than December 31, 1998. Any member
electing such option may purchase all or any portion of his or her previous
employment service with the Foundation for Public Broadcasting in Georgia, Inc.,
and full payment for the accrued liability of such service shall be made at the
time of such election. Each such member shall be allowed one election and no
additional service may subsequently be
purchased.
Reserved."
SECTION
38.
Said
title is further amended by revising paragraph (2) of subsection (f) of Code
Section 47-2-334, relating to service retirement allowance, calculation,
employee membership contributions, employer contributions, optional membership,
conditions, and construction of provision, as follows:
"(2)
Except as otherwise provided
in
subsection (j) of Code Section 47-2-96, in
Code Sections
47-2-96.1,
47-2-96.2, 47-2-204, 47-2-225, and
47-2-266, and in paragraph (3) of this subsection and except as otherwise
expressly provided in this chapter, no service shall constitute creditable
service except membership service for which the full rate of employee membership
contributions and employer contributions is made pursuant to subsections (c) and
(d) of this Code section; and"
SECTION
39.
Said
title is further amended by revising subsection (a) of Code Section 47-2-354,
relating to conditions, rights, privileges, obligations, and duties, as
follows:
"(a)
Members subject to this article shall be subject to the following
conditions:
(1)
The following provisions shall not be applicable to members subject to this
article:
(A)
Subsection (d) of Code Section 47-2-120;
(B)
Paragraph (1) of subsection (c) of Code Section 47-2-123;
(C)
Code Section 47-2-124; and
(D)
Code Section 47-2-334;
(2)
Except as provided in Chapter 1 of this title and in Code Sections 47-2-99 and
47-2-100, no service shall constitute creditable service except membership
service for which the full rate of employee membership contributions and
employer contributions is made pursuant to Code Section 47-2-352. The
provisions of this paragraph shall not affect the transfer of creditable service
between public retirement systems created by this title under such conditions as
are now or may hereafter be provided by law;
(3)
The provisions of Code Section 47-2-91 shall be applicable to members subject to
this article; provided, however, that such benefits shall be subject to
reduction or repeal by subsequent legislation and shall not be considered an
element of any contract of employment;
(4)
Disability benefits shall be calculated as provided in paragraph (2) of
subsection (c) of Code Section 47-2-123; provided, however, that the disability
benefits of persons entitled to the provisions of Code Section 47-2-221 shall be
calculated as provided in such Code section but with the benefit computed on 1
percent of the member's monthly earnable compensation;
(5)
Members subject to the provisions of this article shall not be entitled to group
term life insurance coverage pursuant to Code Section 47-2-128 or 47-2-129;
and
(6)
Members subject to Code Section 47-2-244 shall be entitled to the provisions of
such Code
section;
and
(7)
Members subject to the provisions of Code Section 47-2-223 or 47-2-224 shall be
entitled to retire as provided in subsection (b) of each such Code section but
shall receive a monthly benefit based on 1 percent of his or her highest average
compensation rather than the percentage stated in such
subsections."
SECTION
40.
Said
title is further amended by revising paragraph (20) of Code Section 47-3-1,
relating to definitions, as follows:
"(20)
'Prior service' means service rendered prior to January 1, 1945, for which
credit is allowable under Code Sections
47-3-83,
and
47-3-86,
and 47-3-87."
SECTION
41.
Said
title is further amended by revising Code Section 47-3-60, relating to
eligibility, termination, leaves of absence, service credit for postgraduate
study, and transfer of service credit, as follows:
"47-3-60.
(a)
Any person who becomes a teacher after January 1, 1944, shall become a member of
the retirement system as a condition of his
or
her employment, except as otherwise
provided in this chapter.
(b)
Any person who was a teacher on January 1, 1943, or became a teacher prior to
January 1, 1944, shall be a member unless prior to January 1, 1944, he
or
she filed with the board of trustees, on a
form provided by it, a notice of his
or
her election not to be included in the
membership of the retirement system and a duly executed waiver of all present
and prospective benefits which would otherwise accrue to him
or
her by participating in the retirement
system. Such a teacher who elected not to become a member may at any time
thereafter apply for and be admitted to membership, but without credit for that
service rendered after July 1, 1943, and before the time he
or
she becomes a member, and without prior
service credit.
(c)
Any teacher
who was alive as of March 28, 1947, who has reached the age of 60, who had
taught for at least 35 years as of March 19, 1943, in the public schools of the
state operated by the Department of Education or any of the state educational
institutions financed by this state and who retired from service in such schools
or educational institutions before March 19, 1943, shall be deemed a member of
the retirement system. Benefits to be paid to such a member shall be computed
on the average earnings received by such a member for the last five years of
actual service rendered in such schools and educational
institutions.
Reserved.
(d)
A teacher otherwise eligible shall be classified as a member only while he
or
she is in the service of an employer not
operating a local retirement system.
(e)
The membership of any member shall terminate upon the member's:
(1)
Death;
(2)
Retirement under this retirement system;
(3)
Withdrawal of his
or
her contributions;
(4)
Rendering less than one year of service in a period of five consecutive years as
a member; or
(5)
Employment by an employer which operates a local retirement fund, unless the
member has ten or more years of creditable service with this retirement system,
in which case the member may elect to continue membership in this retirement
system, subject to the same terms and conditions as other members.
(e.1)
A member who has not withdrawn the member's contributions to the retirement
system and who has a break in service of more than four years but not more than
five years may be reinstated to membership if the member pays a sum equal to 12
1/2 percent of the member's salary for the last year of service prior to the
break in service. A member who has not withdrawn the member's contributions to
the retirement system and who has a break in service of more than five years but
not more than six years may be reinstated to membership if the member pays a sum
equal to 25 percent of the member's salary for the last year of service prior to
the break in service. A member who has not withdrawn the member's contributions
to the retirement system may be reinstated to membership without paying the
reinstatement fees after the member renders at least one year of membership
service subsequent to the break in service. All interest credits shall cease
after any such break in service but shall begin again on the date of payment of
the sum required for reinstatement to membership or on the first day of July
immediately following the completion of one year of membership service following
the break in service. The board of trustees may approve the continued
membership of a member while in the armed forces of the United States or other
emergency wartime service of the United States, or a member whose membership
would be terminated because of illness which prevents the member from rendering
the service otherwise required by this Code section. The board of trustees may
also grant an additional year of leave to a teacher for each child born to or
adopted by such teacher while on authorized leave.
(f)(1)
In the event a member desires to pursue a program of full-time study which will
require that he
or
she render less than one year of service
in a period of five consecutive years and which would otherwise result in
termination of his
or
her membership, the board of trustees may
approve a leave of absence for study purposes in addition to the normal
four-year break in service which the member could otherwise take, so that the
combined break in service does not exceed six years. Such study leave shall be
continuous. In no event shall such a member's account remain in an active
status for longer than six consecutive years for such purpose.
(2)
A member who undertakes full-time graduate study designed to advance or improve
his or her training or abilities as a teacher is entitled to receive creditable
service for a period of graduate study under the following
conditions:
(A)
The member must have been a full-time teacher in the public schools of this
state or in the University System of Georgia under the board of regents
immediately prior to the period of graduate study. Any such period of graduate
study interrupted solely for a period of active duty military service begun
during a period in which the military draft is in effect shall be deemed not to
have been interrupted for purposes of this subparagraph;
(B)
The member must submit a transcript or similar document to the retirement system
as verification of the graduate study pursued;
(C)
The member must return to full-time employment as a teacher in the public
schools of this state or in the University System of Georgia under the board of
regents for a minimum of five years following such period of graduate
study;
(D)
The member must pay the appropriate member contributions plus applicable accrued
interest in accordance with regulations adopted by the board of trustees on the
basis of the salary the member was receiving for full-time employment as a
teacher immediately prior to the period of graduate study; and
(E)
Either the member's present employer or the member must pay the appropriate
employer contributions and applicable accrued interest thereon if the source of
funds from which the member was paid immediately prior to his or her period of
graduate study was other than state funds.
(3)
The foregoing provisions of this subsection shall apply to periods of graduate
study heretofore and hereafter granted, but nothing contained in this subsection
shall be construed to rescind any creditable service granted prior to July 1,
1981, pursuant to this subsection or its predecessors.
(g)
Any other provisions of law to the contrary notwithstanding, if a member with
ten or more years' creditable service after becoming a member is employed by an
employer operating a local retirement fund, his
or
her membership does not automatically
terminate and he
or
she may elect to maintain his
or
her membership rather than participate in
the local retirement fund, subject to the same terms and conditions as other
members of the retirement system.
(h)
New certified professional personnel employed for the first time by the State
Board of Education or by the State Department of Education on and after July 1,
1983, shall become members of the retirement system as a condition of
employment, unless such personnel elect membership in the Employees' Retirement
System of Georgia at the time of their employment. Such election shall be made
in writing to the board of trustees of this retirement system and to the board
of trustees of the Employees' Retirement System of Georgia. Once such election
is made by such personnel, the election is irrevocable during the tenure of
employment with the State Board of Education or the State Department of
Education. The State Board of Education shall provide by regulation for
informing prospective employees who are to be employed as certified professional
personnel of the option provided for by this subsection so that such personnel
may choose membership in this retirement system or the Employees' Retirement
System of Georgia at the time of their employment.
(h.1)
Personnel employed for the first time by the State Board of Education or by the
State Department of Education on or after July 1, 1988, who, at the time of
becoming so employed, are members of this retirement system shall continue as
members of this retirement system unless such personnel elect membership in the
Employees' Retirement System of Georgia at the time of their employment. Such
election shall be made in writing to the board of trustees of this retirement
system and to the board of trustees of the Employees' Retirement System of
Georgia. Once such election is made by such personnel, the election is
irrevocable during the tenure of employment with the State Board of Education or
the State Department of Education. The State Board of Education shall provide
by regulation for informing prospective employees who are subject to the
provisions of this subsection of the option provided for by this subsection so
that such personnel may choose to continue membership in this retirement system
or become members of the Employees' Retirement System of Georgia at the time of
their employment.
(i)(1)
This subsection shall apply to certified professional personnel in the
unclassified service of the State Personnel Administration who are employed by
the State Board of Education or the State Department of Education on July 1,
1986, and who are members of the Employees' Retirement System of Georgia and
have at least five years of membership service in said retirement system as of
July 1, 1986.
(2)
This subsection shall also apply to any personnel employed by the State Board of
Education or by the State Department of Education at any time before July 1,
1988, who are members of the Employees' Retirement System of Georgia and who, at
the time of becoming employed by said state board or department, had ten or more
years of membership service in this retirement system.
(3)
At any time from July 1, 1988, until not later than July 1, 1989, personnel
described in paragraphs (1) and (2) of this subsection are authorized to
transfer service credits and membership, including employer and employee
contributions, from the Employees' Retirement System of Georgia to this
retirement system. Any such personnel electing to transfer such service credits
and membership to this retirement system shall be required to make additional
contributions to this retirement system so that the annuity account balance of
the transferring person shall be the same as though the transferring person had
been a member of this retirement system during the period of time for which
service credits are transferred from the Employees' Retirement System of Georgia
to this retirement system or, in the absence of such payment, the board of
trustees of this retirement system shall adjust the transferring person's
credits in proportion to the contributions transferred from the Employees'
Retirement System of Georgia to this retirement system. Any such personnel
shall exercise the authority provided by this paragraph by written notification
to the board of trustees of each of the retirement systems.
(4)
If any person who transfers to this retirement system pursuant to the authority
of this subsection subsequently becomes employed in a position where membership
in the Employees' Retirement System of Georgia is required, any creditable
service obtained under this retirement system for teaching service in school
systems of other states pursuant to Code Section 47-3-89 shall not be eligible
for transfer as creditable service to the Employees' Retirement System of
Georgia, notwithstanding the provisions of Code Section 47-2-92 or any other
provision of Chapter 2 of this title, relating to the Employees' Retirement
System of Georgia.
(j)(1)
Newly hired professional personnel employed for the first time by the Technical
College System of Georgia on and after July 1, 1985, and all full-time
nonprofessional personnel employed for the first time after July 1, 1987, by
postsecondary vocational-technical schools governed by the state board shall
become members of the Teachers Retirement System of Georgia as a condition of
employment if otherwise eligible under laws, rules, and regulations, unless such
personnel elect membership in the Employees' Retirement System of Georgia and
are otherwise eligible under laws, rules, and regulations. Once such election
is made by such personnel, the election is irrevocable during the tenure of
employment with the Technical College System of Georgia or any postsecondary
vocational-technical school governed thereby. Newly hired employees not
eligible for membership in the Teachers Retirement System of Georgia or the
Employees' Retirement System of Georgia shall become members of the Public
School Employees Retirement System as a condition of employment if eligible.
The Technical College System of Georgia shall provide by regulation for
informing prospective employees who are to be employed as certified professional
personnel of the option provided for by this subsection so that such personnel
shall choose membership in the Teachers Retirement System of Georgia or the
Employees' Retirement System of Georgia or the Public School Employees
Retirement System at the time of their employment.
(2)
All full-time employees of a postsecondary vocational-technical school formerly
operated by a local board of education or area postsecondary vocational
education board as of July 1, 1987, or the date on which the state board assumes
governance of the postsecondary vocational-technical school shall elect either
to continue membership in the Teachers Retirement System of Georgia or to become
members of the Employees' Retirement System of Georgia. Once such election is
made by such personnel, the election is irrevocable during the tenure of
employment with the Technical College System of Georgia or any postsecondary
vocational-technical school governed thereby. All employees who are members of
the Public School Employees Retirement System may elect to continue their
membership in the Public School Employees Retirement System or to become members
of the Teachers Retirement System of Georgia or the Employees' Retirement System
of Georgia if otherwise eligible under laws, rules, or regulations.
(3)
If any person who transfers to this retirement system pursuant to the authority
of this subsection subsequently becomes employed in a position where membership
in the Employees' Retirement System of Georgia is required, any creditable
service obtained under this retirement system for teaching service in school
systems of other states pursuant to Code Section 47-3-89 shall not be eligible
for transfer as creditable service to the Employees' Retirement System of
Georgia, notwithstanding the provisions of Code Section 47-2-92 or any other
provision of Chapter 2 of this title.
(k)
Any other provisions of law to the contrary notwithstanding, any person at least
60 years of age who first becomes a teacher on or after July 1, 1987, and any
former member of the retirement system at least 60 years of age who has
withdrawn from the retirement system employee contributions made during such
former membership again becoming a teacher on or after July 1, 1987, shall have
the right to decline membership in the retirement system. The right shall be
exercised by sending written notice to the board of trustees on a form provided
by the board for such purpose. The right must be exercised within 90 days after
becoming a teacher. Any person declining membership in the retirement system
pursuant to this subsection shall not at any time thereafter be eligible for
membership in the retirement system. Any person failing to exercise the right
provided by this subsection within 90 days after becoming a teacher shall become
and remain a member of the retirement system as a condition of continued
employment. Any employee contributions made during the first 90 days as a
teacher by a person who exercises the right provided by this subsection shall be
reimbursed to the person within 30 days after the board of trustees receives the
written notice declining membership in the retirement system.
(l)
Any other provisions of this chapter or of Chapter 2 of this title to the
contrary notwithstanding, any member of this retirement system with five or more
years of continuous membership service who is employed by Central State Hospital
and who, without any break in employment, becomes employed in a position where
membership in the Employees' Retirement System of Georgia is ordinarily required
shall have the option to remain a member of this retirement system,
notwithstanding the change in the member's employment status. Such option shall
be exercised by notification, in writing, to the boards of trustees of this
retirement system and the Employees' Retirement System of Georgia. The employer
of any such member who exercises the option provided by this subsection shall be
an employer for the purposes of this chapter.
(m)
Any other provision of law to the contrary notwithstanding, any person who is
entitled pursuant to the provisions of this article to make an election between
membership in this retirement system and membership in any other retirement
system and who subsequently retires and is rehired by the same employer which
employed him or her immediately prior to retirement shall continue membership in
the retirement system under which he or she initially retired and shall not be
entitled to elect membership in any other retirement system."
SECTION
42.
Said
title is further amended by repealing and reserving Code Section 47-3-61,
relating to membership of persons who teach in both public and private school
systems and payment of employer contributions for such persons, as
follows:
"47-3-61.
Any
person who is a teacher in both a public school and a private school system on
July 1, 1969, who has been in that system for the immediately preceding five
years, and who is a member of the retirement system on that date shall be
eligible to continue his membership, provided that the employer's contribution
shall be paid by the system in which such person is
teaching.
Reserved."
SECTION
43.
Said
title is further amended by revising Code Section 47-3-65, relating to
membership, rights, and benefits in local retirement funds, issuance of prior
service certificates, dissolution of local retirement fund, and election of
additional contributions and benefits, as follows:
"47-3-65.
(a)
Except as otherwise provided by paragraph (5) of subsection (e) of Code Section
47-3-60, teachers in the service of an employer operating a local retirement
fund shall not be members of the Teachers Retirement System of Georgia. Such
teachers shall make no contributions to this retirement system and shall be
eligible for pension benefits under this retirement system only under this Code
section. If such a teacher retires under his
or
her local retirement fund and if at the
time of his or
her retirement he
or
she would have been eligible for service
retirement under this retirement system had he
or
she been a member, the board of trustees
shall pay from this retirement system to the managing board of the local
retirement fund a pension equal to the pension for membership service which
would have been payable under this retirement system in respect to the part of
his or
her earnable compensation payable from
state funds if such member had been classified as a member of this retirement
system immediately prior to the time of his
or
her
retirement,
and, if he has a prior service certificate in full force and effect pursuant to
subsection (b) of this Code section, the board of trustees shall also pay the
pension that would have been payable on account of the prior service
accumulations certified thereon, provided that the excess of any such pension
payable under this retirement system over the retirement income provided by the
local retirement fund from contributions of the employer shall be payable
directly to the retired teacher and not to the local retirement
fund; provided, however, upon service
retirement of any teacher who is a member of a local retirement fund, the local
retirement fund under which such teacher retired shall receive a service
retirement pension on account of his
or
her service thereunder, in accordance with
the provisions of this Code section, which shall consist of:
(1)
A pension equal to the annuity which would have been allowable at age of
retirement if such teacher had been a member of this retirement system and had
made contributions of 5 percent of his
or
her earnable compensation payable from
state funds, but not to exceed an annuity allowable at age 65, computed on the
basis of such contributions as would have been made prior to age 65;
and
(2)
If he or
she has a prior service certificate in
full force and effect, an additional pension equal to the annuity which would
have been provided at age of retirement, but not to exceed an annuity which
would have been provided at age 65 by three times the amount of his
or
her prior service accumulations as
heretofore defined, with regular interest thereon from time to time in effect
from the date of establishment until the date of his
or
her retirement, but not beyond age
65.
It
shall be the duty of the employers operating local retirement funds to report to
the board of trustees annually or at such other intervals as shall be set by the
board of trustees the earnable compensation paid from state funds of each
teacher in their employ who is paid from state funds and such other information
as may be needed for establishing the prospective benefit of the
member.
(b)
Each employer that operates under a local retirement fund shall report to the
Board of Trustees of the Teachers Retirement System of Georgia a complete list
of all teachers in his employ, giving for each such teacher the date of birth,
years of service, and salary, showing the amount of such salary which is paid
from state funds, and such other information as is needed by the board of
trustees in order to establish for each teacher the prior service credits to
which he is entitled on account of payment of his salary from state funds. The
board of trustees shall then issue to such teacher a prior service certificate
which shall continue in force so long as such teacher remains in the employ of
such employer or in the service of an employer that does not operate under a
local retirement fund, without a break in service of the kind which would have
resulted in the canceling of such certificate had the teacher been a member of
this retirement system.
(c)
If a member of this retirement system enters the employ of an employer operating
a local retirement fund, he shall cease to contribute to this retirement system
and shall become subject to the provisions of the local retirement fund, unless
he has elected to continue his membership in this retirement system under
paragraph (5) of subsection (e) of Code Section 47-3-60. He shall not lose his
previously accrued credits in the retirement system so long as he continues in
the service of such employer, and he shall accrue additional credits on such
part of his salary as is paid from state funds.
(d)
If a teacher in the service of an employer operating a local retirement fund
becomes a member of this retirement system by entrance into the service of an
employer which does not operate under a local retirement fund, he shall
contribute to this retirement system while so employed and shall retain the
credits in the retirement system which he had at the time of becoming a
member.
(e)
Notwithstanding any other provisions of this chapter, the actuary in determining
the normal and accrued liability contributions and the board of trustees in
setting such contributions and the amount of the appropriations to be paid by
the state to the pension accumulation fund shall include the liabilities on
account of the state compensation paid to teachers in the employ of employers
having local retirement funds; and the pensions payable from the pension
accumulation fund shall include those payable on account of teachers in the
service of employers operating local retirement funds.
(f)
If a majority of teachers in the service of an employer operating a local
retirement fund vote to discontinue the local retirement fund and the employer
approves such discontinuance, the local retirement fund shall be dissolved and
its operation discontinued as of a date to be set by the employer. Teachers in
the employ of such employer shall thereupon become eligible for membership in
this retirement system. Within one year after the dissolution of the local
retirement fund, its managing board shall pay to each teacher covered by the
local retirement fund the amount, if any, which would have been payable under
the local retirement fund as a withdrawal benefit had his employment terminated
on the date of dissolution. If the assets of the local fund are not sufficient
to make such payments in full to or with respect to all teachers, the payments
made shall be reduced in the ratio that the amount of such assets bears to the
total of such payments if made in full. If a balance remains after making such
payments in full to or in respect to all teachers, such balance shall be paid to
the employer by the managing board of the local retirement fund. Upon the
dissolution of any local retirement fund, in accordance with this subsection,
the employer shall become liable for and shall pay all pensions entered upon and
in effect at the time the local retirement fund is dissolved.
(g)
If any local retirement fund is dissolved pursuant to subsection (f) of this
Code section within six months after the commencement date, teachers in the
service of such employer shall be entitled to become members of this retirement
system as of the date of such dissolution, shall be entitled to prior service
credits pursuant to Code Section 47-3-86 for service before July 1, 1943, and
shall be entitled to creditable service after the date of such
dissolution.
(h)
Anything in this Code section to the contrary notwithstanding, an employer
operating a local retirement fund may elect to have benefits payable under this
retirement system in respect to earnable compensation in excess of the part of
earnable compensation payable from the state funds, subject to the approval of
the board of trustees. If the board of trustees approves, an actuarial valuation
shall be made by the actuary of this retirement system in order to determine the
amount of the additional contribution payable by the employer to provide such
additional benefits. Upon agreement of the employer to provide such additional
contributions by uniform payments over a period of not more than 20 years, such
additional credits shall be allowed to the members in the employ of such
employer as will result in the payment of such additional benefits at
retirement."
SECTION
44.
Said
title is further amended by revising Code Section 47-3-66, relating to
membership of teachers who are employed by independent school systems,
creditable service, employee and employer contributions, and effect of failure
to pay required contributions, as follows:
"47-3-66.
(a)
As used in this Code section, the term:
(1)
'Independent school system' means the independent school system of a
municipality.
(2)
'Local retirement fund' means a local retirement fund covering teachers employed
by an independent school system.
(3)
'Municipality' means any municipality of this state having a population of
300,000 or more according to the United States decennial census of 1970 or any
future such census.
(4)
'Teacher' means any teacher as defined by Code Section 47-3-1 who is employed by
an independent school system.
(b)
Any teacher who is employed by an independent school system after July 1, 1979,
shall become a member of the retirement system as a condition of employment, and
such teacher shall not be eligible for membership in a local retirement
fund.
(c)
Teachers who are actively employed on July 1, 1979, by an employer operating
under a local retirement fund may elect to transfer from membership in the local
retirement fund to membership in the Teachers Retirement System of Georgia,
effective July 1, 1979. Such election must be made before July 1, 1979, in a
manner prescribed by the board of trustees. All such teachers who transfer their
membership to the retirement system under this Code section shall receive
creditable service under the retirement system, equivalent to the creditable
service such teachers had under the local retirement fund as of the date all
payments are made as provided in subsections (d) and (e) of this Code section,
provided that no creditable service shall be granted for service which would not
otherwise be allowable under the retirement system. The board of trustees shall
cause the records of such transferred teachers, after verification in the manner
prescribed by the board of trustees, to reflect such creditable
service.
(d)
For each teacher becoming a member of the retirement system pursuant to
subsection (c) of this Code section, the fiscal authority or other
governing body, by whatever name designated, of the local retirement fund shall
be empowered and shall have the duty to pay to the board of trustees the amount
of contributions paid by such teacher to the local retirement fund and credited
to each such teacher under it, together with applicable accrued regular
interest, as determined by the board of trustees, to the date of payment. The
fiscal authority or other governing body shall have the duty to notify the board
of trustees as to the amount paid on behalf of each such teacher. Such payment
shall be made to the board of trustees by not later than October 1, 1979, or by
the date of retirement of any teachers who retire prior to October 1, 1979,
whichever is earlier.
(e)
Each teacher who becomes a member of the retirement system pursuant to
subsection (c) of this Code section shall pay to the board of trustees the
amount of contributions which would have been paid by the teacher to the
retirement system had the teacher been a member of the retirement system during
the period of creditable service established pursuant to subsection (c) of this
Code section, plus interest, as provided in this subsection, which would have
accumulated on such contributions, less the amount paid on behalf of each such
teacher pursuant to subsection (d) of this Code section. Interest which would
have accumulated on such contributions shall be computed on the basis of regular
accrued interest until January 1, 1982, and on the basis of 16 percent per annum
from January 1, 1982, until the payment required by this subsection is made. The
board of trustees shall determine the amount to be paid as interest. Such
payment shall and must be made to the board of trustees in the manner prescribed
by the board of trustees by not later than December 31, 1983, or by the date of
retirement for any teacher who retires prior to December 31, 1983, whichever is
earlier.
(f)
The fiscal authority or other governing body, by whatever name designated, of
the local retirement fund or the independent school system, or both, or their
successors in interest, shall be empowered and shall have the duty to pay to the
board of trustees an amount of employer contributions (not less than zero)
actuarially determined by the board of trustees under the following
formula:
A
= B - [(C ÷ D) x E]
|
A
=
|
Amount
of employer contributions payable to the board of trustees under this
subsection.
|
|
B
=
|
Unfunded
accrued liability, determined as of June 30, 1979, of those teachers who
transfer to the retirement system pursuant to subsection (c) of this Code
section and determined on the basis of the same methods and assumptions used in
preparing the regular annual actuarial evaluation, as if those teachers who
transfer had been members of the retirement system on June 30, 1979, less the
payments made pursuant to subsections (d) and (e) of this Code
section.
|
|
C
=
|
Unfunded
accrued liability, determined as of June 30, 1979, of the retirement system,
determined without regard to any teacher in the employ of an independent school
system as defined in subsection (a) of this Code section.
|
|
D
=
|
The
total annual earnable compensation for the fiscal year ending June 30, 1979, of
members of the retirement system, plus the annual state compensation for the
fiscal year ending June 30, 1979, of members of local retirement funds other
than a local retirement fund as defined in subsection (a) of this Code
section.
|
|
E
=
|
The
total earnable compensation for the fiscal year ending June 30, 1979, of those
teachers who transfer to the retirement system pursuant to subsection (c) of
this Code section.
|
(g)
Payment of the amount determined under subsection (f) of this Code section shall
be made to the board of trustees in 39 equal annual installments to be paid by
June 30 of each year beginning on June 30, 1980, and in the manner prescribed by
the board of trustees. In addition to payment of the installments of the amount
determined under subsection (f) of this Code section, annual interest shall be
added to each payment computed on the unpaid balance of such amount at a rate
equal to the average rate of return on fixed income investments made by the
retirement system during the preceding calendar year. By May 1 of each year, the
board of trustees shall notify the fiscal authority or other governing body, by
whatever name designated, of the local retirement fund or the independent school
system, or both, or their successors in interest, as to the amount due by the
following June 30. The amount in the notification will include the interest as
computed pursuant to this subsection and shall and must be paid by the following
June 30. The fiscal authority or other governing body, by whatever name
designated, of the local retirement fund or the independent school system, or
both, or their successors in interest, shall be empowered and shall have the
duty to pay this interest.
(h)
The employer of any teachers who become members of this retirement system under
this Code section and any such teachers shall have all the rights, obligations,
and duties under this Code section and as provided by any other provisions of
this chapter.
(i)
If the fiscal authority or other governing body, by whatever name designated, of
the local retirement fund or the independent school system, or both, or their
successors in interest, refuse or fail to make any payment required by this Code
section, it shall be the duty of the board of trustees to notify the Office of
Treasury and Fiscal Services and the State Board of Education of such refusal or
failure; and thereupon it shall be the duty of the Office of Treasury and Fiscal
Services and the State Board of Education to withhold from such fiscal authority
or other governing body any state appropriations or any other funds which would
be allocated or allocable for educational purposes to such fiscal authority or
other governing body until the Office of Treasury and Fiscal Services and the
State Board of Education receives authorization from the board of trustees to
release such funds. The Office of Treasury and Fiscal Services and the State
Board of Education are authorized and directed, upon certified request of the
board of trustees, to remit to the board of trustees from such withheld funds
the amount necessary to cover the amount which the fiscal authority or other
governing body has refused or failed to pay to the board of trustees under this
Code section. It shall be illegal for the Office of Treasury and Fiscal Services
and the State Board of Education to pay out or release such funds, after notice
from the board of trustees, until and unless compliance with this Code section
is achieved. The Office of Treasury and Fiscal Services and the State Board of
Education are authorized to release the remainder of all such withheld funds
upon authorization from the board of trustees.
(j)
Notwithstanding any of the provisions of this Code section to the contrary, if
the fiscal authority or other governing body, by whatever name designated, of
the local retirement fund or the independent school system, or both, or their
successors in interest, refuses or fails to make the payments specified in
subsections (d), (f), and (g) of this Code section and if subsection (i) of this
Code section fails sufficiently and completely to cover the amount of such
nonpayment or payment failure, the teachers transferring to the retirement
system pursuant to subsection (c) of this Code section shall incur a pro rata
reduction in creditable service or retirement allowances, or both, to be
determined by the board of trustees, sufficient to compensate financially and
actuarially for the failure or refusal of payment or the inability or
nonavailability of funds from which to cover the payment failure or refusal of
payment.
(k)
The fiscal authority or other governing body, by whatever name designated, of
the local retirement fund or the independent school system, or both, or their
successors in interest, shall make such certifications as are requested by the
board of trustees to implement and effectuate this Code section.
(l)
No provision of this Code section shall be construed to result in any increase
in the rate of employer contributions paid by employers based on the part of the
earnable compensation of members not payable from state teachers' salary funds
or from other funds of the state.
(m)
No provision of this Code section shall be construed to result in any increase
in the rate of employee contributions paid by employees other than those
employees who become members of this retirement system pursuant to this Code
section."
SECTION
45.
Said
title is further amended by revising Code Section 47-3-67, relating to
membership of teachers who are employed by certain county school systems,
transfer from local retirement fund, creditable service, contributions, and
failure to pay contributions, as follows:
"47-3-67.
(a)
As used in this Code section, the term:
(1)
'Continuous service' means active continuous employment in the county school
system interrupted only by a leave duly authorized and granted by the county
school system.
(2)
'County' means any county of this state having a population of 550,000 or more
according to the United States decennial census of 1980 or any future such
census.
(3)
'County school system' means the local school system of a county.
(4)
'Local retirement fund' means a local retirement fund covering teachers employed
by a county school system.
(5)
'Teacher' means any teacher as defined by paragraph (28) of Code Section 47-3-1
who is employed by a county school system.
(6)
'Transferred teacher' means a teacher who is transferred from membership in a
local retirement fund to membership in the Teachers Retirement System of Georgia
by subsection (c) of this Code section.
(b)
Any teacher who becomes employed by a county school system on or after July 1,
1988, shall become a member of the retirement system as a condition of
employment, and such teacher shall not be eligible for membership in a local
retirement fund.
(c)
Effective on July 1, 1988, all teachers who are actively employed by a county
school system on that date and who were so employed prior to that date and who
are enrolled on that date under the local retirement fund in a retirement plan
with an effective date on or after April 1, 1962, shall be transferred to and
become members of the Teachers Retirement System of Georgia and, subject to the
provisions of subsection (d) of this Code section, shall cease to be members of
the local retirement fund, except that any such teacher who has previously
retired from the Teachers Retirement System of Georgia shall be excluded from
such transfer. Each such transferred teacher shall receive creditable service
under the Teachers Retirement System of Georgia equivalent to the creditable
service the teacher had under the local retirement fund as of July 1, 1988,
provided that creditable service shall not be granted for service which would
not be allowable as creditable service under the Teachers Retirement System of
Georgia.
(d)
If the benefit which becomes payable to a transferred teacher upon the teacher's
retirement or to another beneficiary of a transferred teacher is less under this
retirement system than it would have been under the local retirement fund had
membership in the local retirement fund continued, then the fiscal authority or
other governing body, by whatever name designated, of the local retirement fund
shall pay to the retired transferred teacher or to the other beneficiary of such
a teacher an additional benefit equal to the amount by which the benefit which
would be payable under the local retirement fund exceeds the benefit which
becomes payable under this retirement system, with the benefit under this
retirement system being computed for purposes of this Code section as if the
teacher had retired with a retirement allowance determined under Code Section
47-3-120. The calculation of the additional benefit, if any, which is to be paid
by the local retirement fund under this subsection shall be based on the rights
that a transferred teacher had under the local retirement fund on June 30, 1988,
plus rights which would have accrued under the local retirement fund after that
date only for continuous service as a teacher in the employ of the county school
system; provided, however, that any change made in the local retirement fund
after that date shall not be considered in the determination of such rights;
provided, further, that any amendment to any such local retirement fund made
after June 30, 1988, which provides for the calculation of benefits on a
nine-month basis, provides for optional spouses' benefits, or provides for the
continuation of spouses' benefits after remarriage shall be considered in the
determination of such rights. The benefits payable under this subsection shall
be made only if the transferred teacher shall have timely paid to the local
retirement fund all amounts which such teacher would have paid to such fund, had
he or she continued to be a member of such fund, less such amounts as were
actually paid to the Teachers Retirement System of Georgia by or on behalf of
such teacher.
(d.1)
Until such time as the rate of employee contribution required of all members of
the Teachers Retirement System of Georgia shall be increased, no transferred
teacher who remains in the employ of the county school system shall be required
to pay any greater percentage of the teacher's salary to the Teachers Retirement
System of Georgia than such transferred teacher would have been required to pay
to the local retirement fund had such teacher remained a member of the local
retirement fund. In the event that a contribution in excess of such amount shall
be required by the Teachers Retirement System of Georgia, such excess
contribution shall be made by the county school system; provided, however, that
any increase in the rate of employee contribution required of all members of the
Teachers Retirement System of Georgia after July 1, 1988, shall be paid for by
the transferred teacher.
(e)(1)
For each transferred teacher, the fiscal authority or other governing body, by
whatever name designated, of the local retirement fund shall pay to the board of
trustees the amount of employee contributions which would have been paid by the
teacher to the retirement system had the teacher been a member of the retirement
system during the period of creditable service established pursuant to
subsection (c) of this Code section, plus applicable accrued regular interest
thereon, as determined by the board of trustees, to the date of
payment.
(2)
The board of trustees shall make the determination of the amount to be paid to
the board under paragraph (1) of this subsection and the fiscal authority or
other governing body, by whatever name designated, of the local retirement fund
shall pay the amount so determined to the board of trustees by not later than
August 1, 1988.
(e.1)(1)
Any excess employee contributions paid to the Teachers Retirement System of
Georgia pursuant to the provisions of subsection (d.1) of this Code section
shall be paid into the pension accumulation fund and shall not constitute
'accumulated contributions' within the meaning of paragraph (1) of Code Section
47-3-1 or for the purposes of Code Section 47-3-128.
(2)
From the funds paid to the board of trustees pursuant to the provisions of
subsection (e) of this Code section, that portion thereof representing employee
contributions paid to the local retirement fund by the transferred teacher shall
be paid into the annuity savings fund and shall constitute 'accumulated
contributions' within the meaning of paragraph (1) of Code Section 47-3-1 and
for the purposes of Code Section 47-3-128; and the remaining portion shall be
paid into the pension accumulation fund and shall have the same status as excess
employee contributions described in paragraph (1) of this
subsection.
(3)
The board of trustees shall keep appropriate records to identify the funds paid
into the pension accumulation fund pursuant to paragraphs (1) and (2) of this
subsection. In the event a transferred teacher ceases to be a member of the
Teachers Retirement System of Georgia and withdraws accumulated contributions
pursuant to the provisions of Code Section 47-3-128, the board of trustees shall
refund to the county school system an amount equal to the funds paid into the
pension accumulation fund pursuant to paragraphs (1) and (2) of this subsection
plus regular interest on that amount.
(e.2)(1)
If a transferred teacher who has maintained continuous service with the county
school system or a beneficiary of such a transferred teacher does not qualify to
receive a monthly benefit under this retirement system but would be qualified to
receive a monthly benefit under the local retirement fund if the transferred
teacher's membership in the local retirement fund had continued, such
transferred teacher or the beneficiary of such transferred teacher may elect to
receive a monthly benefit under the provisions of subsection (d) of this Code
section. If such transferred teacher or a beneficiary of such transferred
teacher thereafter qualifies to receive a monthly benefit under this retirement
system, the amount payable to the transferred teacher or beneficiary under
subsection (d) of this Code section shall be reduced accordingly.
(2)
A transferred teacher or a beneficiary of a transferred teacher who makes the
election provided for in paragraph (1) of this subsection shall not be entitled
to a refund of the accumulated contributions which have been credited to the
transferred teacher's account at the time of said election. If such a
transferred teacher subsequently returns to active service, this paragraph shall
not apply to accumulated contributions credited to the transferred teacher's
account after returning to active service.
(3)
If a transferred teacher who makes the election provided for in paragraph (1) of
this subsection does not at any time thereafter qualify to receive a monthly
benefit under this retirement system and if no beneficiary of the transferred
teacher is qualified to receive a monthly benefit under this retirement system
upon the death of the transferred teacher, then upon the death of such
transferred teacher, the board of trustees shall pay to the county school system
an amount equal to the accumulated contributions of the deceased transferred
teacher and an amount equal to the funds paid into the pension accumulation fund
pursuant to paragraphs (1) and (2) of subsection (e.1) of this Code section,
plus regular interest on that amount. The board of trustees shall maintain such
records as may be necessary to comply with the provisions of this
paragraph.
(f)
The fiscal authority or other governing body, by whatever name designated, of
the local retirement fund or the county school system, or both, or their
successors in interest, shall be empowered and shall have the duty to pay to the
board of trustees an amount of employer contributions for transferred teachers
(not less than zero) actuarially determined by the board of trustees under the
following formula:
A
= B - ( (C ÷ D) x E)
|
A
=
|
Amount
of employer contributions payable to the board of trustees under this
subsection.
|
|
B
=
|
Unfunded
accrued liability, determined as of June 30, 1988, of transferred teachers and
determined on the basis of the same methods and assumptions used in preparing
the regular annual actuarial evaluation, except that the value of the assets of
the retirement system shall be determined on the greater of market value or book
value of such assets, as if such transferred teachers had been members of the
retirement system on June 30, 1988, less the payment made to the board of
trustees pursuant to subsection (e) of this Code section.
|
|
C
=
|
Unfunded
accrued liability, determined as of June 30, 1988, with the value of assets
being determined on the greater of market value or book value of such assets, of
the retirement system, determined without regard to any teacher in the employ of
a county school system as defined in subsection (a) of this Code
section.
|
|
D
=
|
The
total annual earnable compensation for the fiscal year ending June 30, 1988, of
members of the retirement system, plus the annual state compensation for the
fiscal year ending June 30, 1988, of members of local retirement funds other
than a local retirement fund as defined in subsection (a) of this Code
section.
|
|
E
=
|
The
total earnable compensation for the fiscal year ending June 30, 1988, of
transferred teachers.
|
(g)
The amount determined under subsection (f) of this Code section shall be reduced
by a 1986-87 retirement system funding allowance determined as
follows:
(1)
Determine the total amount which was intended to be withheld from the county
school system for the 1986-87 fiscal year pursuant to the provisions of the
'Quality Basic Education Act' which was to be withheld for the purpose of paying
the employer's portion of the cost of membership in the Teachers Retirement
System of Georgia for teacher members of the local retirement fund;
(2)
Subtract from the total amount determined under paragraph (1) of this subsection
that portion of such amount which was actually paid to the county school system
for the 1986-87 fiscal year; and
(3)
The amount resulting from the calculations under paragraphs (1) and (2) of this
subsection shall be the 1986-87 retirement system funding
allowance.
(h)
Payment of the amount determined under subsections (f) and (g) of this Code
section shall be made to the board of trustees in not more than 39 equal annual
installments to be paid by June 30 of each year beginning on June 30, 1990, in
the manner prescribed by the board of trustees; provided, however, an interest
payment must be paid by June 30, 1989, and the amount of such interest payment
shall be determined by the board of trustees as provided in this subsection. In
addition to payment of the installments of the amount determined under
subsections (f) and (g) of this Code section, annual interest shall be added to
each payment computed on the unpaid balance of such amount at a rate equal to
the average rate of return, as determined by the board of trustees, on fixed
income investments made by the retirement system during the preceding calendar
year but not to exceed 9 percent per annum. The rate of interest for the
interest payment to be paid by June 30, 1989, shall be determined in the same
manner and shall accrue from July 1, 1988, until the date of payment on the
amount determined under subsections (f) and (g) of this Code section. Beginning
in 1989 for the interest payment, by May 1 of each year, the board of trustees
shall notify the fiscal authority or other governing body, by whatever name
designated, of the local retirement fund or the county school system, or both,
or their successors in interest, as to the amount due by the following June 30.
The amount in the notification will include the interest as computed pursuant to
this subsection and shall and must be paid by the following June 30. The fiscal
authority or other governing body, by whatever name designated, of the local
retirement fund or the county school system, or both, or their successors in
interest, shall be empowered and shall have the duty to pay this interest. The
fiscal authority or other governing body, by whatever name designated, of the
local retirement fund or the county school system, or both, or their successors
in interest, shall have the right at any time to pay the full amount of the
balance then remaining under the provisions of this subsection, and, in that
event, there shall be no prepayment penalty of any kind.
(i)
The employer of any teachers who become members of this retirement system under
this Code section and any such teachers shall have all the rights, obligations,
and duties under this Code section and as provided by any other provisions of
this chapter.
(j)
If the fiscal authority or other governing body, by whatever name designated, of
the local retirement fund or the county school system, or both, or their
successors in interest, refuse or fail to make any payment required by this Code
section, it shall be the duty of the board of trustees to notify the Office of
Treasury and Fiscal Services and the State Board of Education of such refusal or
failure; and thereupon it shall be the duty of the Office of Treasury and Fiscal
Services and the State Board of Education to withhold from such fiscal authority
or other governing body any state appropriations or any other funds which would
be allocated or allocable for educational purposes to such fiscal authority or
other governing body until the Office of Treasury and Fiscal Services and the
State Board of Education receives authorization from the board of trustees to
release such funds. The Office of Treasury and Fiscal Services and the State
Board of Education are authorized and directed, upon certified request of the
board of trustees, to remit to the board of trustees from such withheld funds
the amount necessary to cover the amount which the fiscal authority or other
governing body has refused or failed to pay to the board of trustees under this
Code section. It shall be illegal for the Office of Treasury and Fiscal Services
and the State Board of Education to pay out or release such funds, after notice
from the board of trustees, until and unless compliance with this Code section
is achieved. The Office of Treasury and Fiscal Services and the State Board of
Education are authorized to release the remainder of all such withheld funds
upon authorization from the board of trustees.
(k)
The fiscal authority or other governing body, by whatever name designated, of
the local retirement fund or the county school system, or both, or their
successors in interest, shall make such certifications as are requested by the
board of trustees to implement and effectuate this Code section.
(l)
No provision of this Code section shall be construed to result in any increase
in the rate of employer contributions paid by employers based on the part of the
earnable compensation of members not payable from state teachers' salary funds
or from other funds of the state.
(m)(f)
Any full-time public school lunchroom managers or supervisors, full-time public
school maintenance managers or supervisors, full-time public school
transportation managers or supervisors, or full-time public school warehouse
managers or supervisors who become members of this retirement system pursuant to
the provisions of this Code section or Code Section 47-3-66 shall have the right
to obtain creditable service under this retirement system pursuant to the
provisions of subsection (b) of Code Section 47-3-63 on the same basis that
other members of this retirement system who are subject to the provisions of
Code Section 47-3-63 obtain creditable service."
SECTION
46.
Said
title is further amended by repealing and reserving Code Section 47-3-87,
relating to accumulated contributions for prior service, local retirement fund
service included, and determination of earnable compensation received during
prior service, as follows:
"47-3-87.
A
member's prior service accumulations shall be equal to the amount of the
contributions he would have made with respect to his earnable compensation for
such service had the retirement system then been in operation, together with
regular interest on such amounts to January 1, 1945, at the rate of regular
interest in effect on that date. Service in a school system in this state which
operated a local retirement fund shall be included as prior service for purposes
of calculating prior service accumulations. In determining the earnable
compensation of any member during his prior service, the board of trustees, in
lieu of the actual compensation received by the member during his prior service,
may use the rates of compensation which, if they had progressed during such
prior service in accordance with the tables adopted by the board of trustees
under Code Section 47-3-23, would have resulted in the same average final
compensation on January 1, 1945, as the records show the member actually
received.
Reserved."
SECTION
47.
Said
title is further amended by repealing and reserving Code Section 47-3-94,
relating to credit for service while employed by nonprofit corporation under
contract with state agency and requirements, as follows:
"47-3-94.
(a)
Any member may, subject to the requirements of subsection (b) of this Code
section, obtain creditable service under the retirement system for any period
between January 1, 1977, and December 31, 1980, during which the member was
employed by a nonprofit corporation under contract with a state agency in a
program wholly or partially funded by a state or federal grant and which had as
its purpose facilitating early childhood development and during which period the
member held a four-year degree from an accredited college or
university.
(b)
A member who desires to establish creditable service under this Code section
must:
(1)
Submit to the board not later than July 1, 2003, satisfactory evidence of the
period of absence from employment which qualifies for creditable service under
this Code section; and
(2)
Pay to the board of trustees such amount as determined by the actuary as
necessary to grant such benefit without creating any accrued actuarial liability
as to this retirement system.
Reserved."
SECTION
48.
Said
title is further amended by revising paragraphs (8) and (9) of Code Section
47-4-2, relating to definitions, as follows:
"(8)
'Delayed
retirement date' means the date of retirement under subsection (b) of Code
Section 47-4-100.
Reserved.
(9)
'Early retirement date' means the date of retirement under subsection
(d)
(b)
of Code Section 47-4-100."
SECTION
49.
Said
title is further amended by revising Code Section 47-4-80, relating to
determination of membership service, prior service credit and prior service
certificate, creditable service, credit for military service, and credit for
membership in the Teachers Retirement System, as follows:
"47-4-80.
(a)
The board shall fix and determine by appropriate rules and regulations how much
service in any year is equivalent to one year of membership service, but in no
case shall more than one year of service be creditable for all service in one
calendar year. In developing rules and regulations to determine how much service
in any year is equivalent to one year of membership service, the board shall be
guided by the nature of the employment being considered and the number of
months, weeks, days, and hours normally worked to carry out the normal duties
associated with the employment. Service rendered for a regular school year shall
be equivalent to one year of service in any case.
(b)
Under such rules and regulations as the board shall adopt, each member who was a
public school employee at any time from July 1, 1945, until the commencement
date shall be entitled to file a detailed statement of all services as a public
school employee rendered by him prior to the commencement date and for which he
claims credit. If any person who would otherwise have qualified under this
subsection is on leave in the armed forces of the United States, such person
shall have six months after termination of his military service to qualify under
this subsection for prior service credit. Upon verification of such statement of
service, the board shall issue a prior service certificate based on the member's
statement of service and certifying to the member the period of service prior to
the commencement date with which he is credited. As long as a membership
continues, a prior service certificate shall be final and conclusive proof of
such service for retirement purposes. A member may within one year from the date
of issuance or modification of his prior service certificate request the board
to modify or correct such certificate. When membership ceases, such prior
service certificate shall become void.
(c)(b)
Creditable service at retirement on which the retirement allowance of a member
shall be based shall consist of the membership service rendered by him
or
her since he last became a member and, if
he or
she has a prior service certificate in
full force and effect, the amount of the service certified on his
or
her prior service
certificate.
(d)(c)
Any person who leaves public school employment at any time after January 1,
1970, to enter military service may return to public school employment at any
time within five years after being released from military service and shall
receive credit for such active military service upon the payment of employee
contributions which would have been paid during his
or
her absence while in military service,
plus the regular interest that would have accrued on such
contributions.
(e)
Any person who left public school employment to enter military service at any
time prior to January 1, 1970, and returned to public school employment within
five years after being released from military service shall receive credit for
such active military service upon the payment of employee contributions that
would have been paid during his absence while in service, plus the regular
interest that would have accrued on such contributions.
(f)
Any provision of this chapter to the contrary notwithstanding, any person, who
was at least 65 years of age on June 30, 1970, and who would have been able to
establish a minimum of ten years of prior service credit under this chapter if
he had been employed as a public school employee on January 1, 1970, may be
employed as a public school employee at any time during the period beginning
July 1, 1974, and ending December 31, 1974. Upon becoming employed as a public
school employee during such period of time, such person shall become a member
and may establish prior service credit under subsection (b) of this Code
section, notwithstanding the fact that he was not a public school employee at
any time between January 1, 1970, and July 1, 1970. On or before June 1, 1974,
the board shall inform all public school systems in this state of the contents
of this subsection.
(g)
Any provision of this chapter to the contrary notwithstanding, any person who
was 60 years of age or older on January 1, 1975, who on January 1, 1970, had at
least 14 years of service as a public school employee and who becomes employed
as a public school employee at any time during the period beginning with March
26, 1975, and ending July 1, 1975, shall become a member and may establish prior
service credit under subsection (b) of this Code section, notwithstanding the
fact that he was not a public school employee at any time between January 1,
1970, and July 1, 1970. The board shall inform all public school systems in this
state of the contents of this subsection by March 26, 1975.
(h)
Any provision of this chapter to the contrary notwithstanding, any person who
was at least 55 years of age on June 30, 1970, and who would have been able to
establish a minimum of ten years of prior service credit under this chapter if
he had been employed as a public school employee on January 1, 1970, may be
employed as a public school employee at any time during the period beginning
July 1, 1977, and ending December 31, 1980. Upon becoming employed as a public
school employee during such period of time, such person shall become a member
and may establish prior service credit under subsection (b) of this Code
section, notwithstanding the fact that he was not a public school employee at
any time between January 1, 1970, and July 1, 1970. On or before June 1, 1977,
the board shall inform all public school systems in this state of the contents
of this subsection.
(i)
Any member who, if credited with service rendered prior to January 1, 1970,
would have at least ten years of creditable service shall receive prior service
credit for all service as a public school employee rendered by him at any time
between January 1, 1945, and January 1, 1970.
(j)(d)
Any member who was a member of the Teachers Retirement System of Georgia because
the member held a position which required membership in that retirement system
and who, during membership in said teachers retirement system, also held a
position as a public school employee for which creditable service under this
retirement system has not been obtained shall have the right to obtain credit
for such prior service as a public school employee by paying to the board of
trustees the employee contributions that would have been paid to this retirement
system during the period of such prior service plus regular interest thereon
compounded annually from the time the prior service was rendered until the date
of payment. Any member wishing to obtain credit for prior service under this
subsection shall apply therefor to the board of trustees."
SECTION
50.
Said
title is further amended by revising Code Section 47-4-100, relating to normal,
early, and delayed retirement and vesting of right to a retirement benefit, as
follows:
"47-4-100.
(a)
The normal retirement date of a member shall be the first day of the month
coinciding with or next following the date he
or
she reaches the age of 65, except that the
normal retirement date of a member who is age 64 or over on January 1, 1970,
shall be January 1, 1971. A member shall retire on his
or
her normal retirement date except as
otherwise provided in
subsections
(b) through (e)
subsection
(c) of this Code section.
(b)
At the request of his local unit of administration, a member may remain actively
employed beyond his normal retirement date on a year-to-year basis as shall be
mutually agreed upon by the member and his local unit of administration. In
such cases, the member shall retire on the first day of the month coinciding
with or next following the end of the last agreed upon period of employment,
which date shall be the delayed retirement date of the member.
(c)
Any person who was a public school employee for a period of ten or more years at
any time after July 1, 1945, and who on April 14, 1971, had attained age 60 or
over shall be eligible for membership and may retire. The effective date of
such individual's retirement shall be the first day of the first month which
occurs at least 30 days after receipt of his application for retirement by the
board of trustees. Such effective date shall be the early retirement date of
the member.
(d)(b)
Except as
provided in subsection (c) of this Code section,
the
The
early retirement date of a member shall be
the first day of the month coinciding with or next following the date he
or
she attains the age of 60. A member may
elect to retire at his
or
her early retirement date and receive the
retirement benefit provided by subsection (d) of Code Section
47-4-101.
(e)(c)
The right to a retirement benefit under this chapter shall vest in a member who
has ten or more years of creditable service if the member has not withdrawn the
member's contributions. Except as otherwise provided in Article 2 of Chapter 1
of this title, a member's accumulated contributions shall be 100 percent vested
and nonforfeitable at all times. A member shall be 100 percent vested in all
benefits under the plan upon attainment of normal retirement age. Upon
attaining the member's normal retirement age or the member's early retirement
age, the member shall begin receiving the appropriate retirement benefit
provided by Code Section 47-4-101."
SECTION
51.
Said
title is further amended by revising Code Section 47-6-42, relating to
qualifications for membership, election of nonmembership, membership of persons
who cease to become members of the General Assembly before age 60, and
termination of membership, as follows:
"47-6-40.
(a)
All persons who are members of the General Assembly on July 1, 1967, shall
become members of the system as of such date, except that within six months from
such date any such person may irrevocably elect not to be a member of the
system. All other persons shall become members of the system on taking office as
members of the General Assembly. Staff members shall have the option to become
members of the system under the same conditions as elected members of the
General Assembly.
(b)
Any other provisions of law to the contrary notwithstanding, any person who was
a member of the General Assembly on April 1, 1971, and who elected not to be a
member of the system as provided for in subsection (a) of this Code section
could elect, on or before April 30, 1971, to become a member of the system and,
upon so electing, become a member under the same conditions as any other member.
In order for any such member to receive credit for membership service such
member must make the required contributions for such periods, plus interest at
the rate of 4 1/4 percent per annum from the time such contributions would have
been made had he been a member at that time.
(c)(b)
If a member of the system ceases to be a member of the General Assembly before
attaining age 60 and for reasons other than death, such member, unless he
or
she withdraws his
or
her contributions pursuant to Code Section
47-6-85, shall continue as a noncontributing member of the system. Any such
noncontributing member shall not gain any additional membership service. If he
or
she again becomes a member of the General
Assembly and a contributing member of the system, such member shall retain the
membership service previously credited to him
or
her. If a member subject to this
subsection withdraws his
or
her contributions upon ceasing to be a
member of the General Assembly, any membership service credited to him
or
her at the time such contributions are
withdrawn shall be forfeited and may not be reestablished if he
or
she again becomes a member of the General
Assembly.
(d)(c)
Should any member of the system in any period of five consecutive years after
becoming a member be absent from service more than four years, withdraw his
or
her contributions or become a beneficiary
of such system, or die, he
or
she shall thereupon cease to be a
member."
SECTION
52.
Said
title is further amended by repealing and reserving Code Section 47-6-41,
relating to transition of membership from Georgia Legislative Retirement System
to Employees' Retirement System of Georgia, current beneficiaries, state
contributions, and rules and regulations, as follows:
"47-6-41.
(a)
Effective May 1, 1971, members of the Georgia Legislative Retirement System
shall become members of the Employees' Retirement System of Georgia, subject to
all conditions and provisions of Chapter 2 of this title. This Code section
shall in no way deny any such member the rights and privileges under this system
on May 1, 1971.
(b)
On and after May 1, 1971, all future members of the General Assembly, the
Secretary of the Senate, and the Clerk of the House of Representatives, and on
and after March 31, 1972, the messenger and doorkeeper of each of the two houses
of the General Assembly, shall, upon taking office, thereby become a member of
the Employees' Retirement System of Georgia and shall not be eligible for
membership in the Georgia Legislative Retirement System.
(c)
Persons who were beneficiaries of the Georgia Legislative Retirement System on
May 1, 1971, shall continue to receive a retirement allowance or other benefit
provided for under the Georgia Legislative Retirement System as an obligation of
the Employees' Retirement System of Georgia.
(d)
In order to implement this Code section, the contributions of the state to the
Employees' Retirement System of Georgia after May 1, 1971, shall be determined
by the board each year on the basis of the most recent actuarial valuation. The
board shall certify to the legislative fiscal officer the amount of the state's
contribution due to the system. The state's contributions shall be financed from
funds appropriated to the General Assembly and shall include such sums as are
found necessary in order to create reserves in the Employees' Retirement System
of Georgia sufficient: (1) to cover the cost of the allowances then currently
accruing under the Employees' Retirement System of Georgia, (2) to include a
contribution each year toward the cost of service prior to January 1, 1967, and
(3) to cover any administrative expense which the board may incur by reason of
this Code section. The legislative fiscal officer is authorized and directed to
pay to the board from funds appropriated to the General Assembly such future
contributions of the state, together with the funds necessary to cover the
required employer contributions for social security coverage.
(e)
The Board of Trustees of the Employees' Retirement System of Georgia is
authorized to establish rules and regulations to carry out this Code section,
including, but not limited to, the transferring to the appropriate accounts
within the Employees' Retirement System of Georgia, the member's account, the
accumulation account, and such assets that are held in the name of the Georgia
Legislative Retirement System.
Reserved."
SECTION
53.
Said
title is further amended by revising Code Section 47-6-42, relating to election
as to coverage, required coverage under Georgia Legislative Retirement System,
state contributions, and preservation of rights and privileges, as
follows:
"47-6-42.
(a)
Any other provisions of this or any other law to the contrary notwithstanding,
each member of the General Assembly serving as such on April 13, 1979, may elect
to withdraw as a member of the Employees' Retirement System of Georgia and
become a member of the Georgia Legislative Retirement System or may elect not to
be a member of either system. Such election must be made prior to January 12,
1981, and once made shall be irrevocable as long as such person is a member of
the General Assembly. The Board of Trustees of the Employees' Retirement System
of Georgia is authorized to promulgate rules and regulations to carry out this
Code section, including, but not limited to, providing for refunds for members
who elect not to be members of either system and providing for the transferal of
legislators' accounts from the Employees' Retirement System of Georgia, the
transferal of service credits, and such other transferals as the Board of
Trustees of the Employees' Retirement System of Georgia shall deem necessary to
carry out the intention and provisions of this Code section.
(b)
Each person who becomes a member of the General Assembly after April 13, 1979,
but before July 1, 1984, shall elect either to become a member of the Georgia
Legislative Retirement System or to become a member of the Employees' Retirement
System of Georgia. Such election must be made within 60 days from the date the
person becomes a member of the General Assembly and once made shall be
irrevocable as long as such person is a member of the General Assembly. Each
person who becomes a member of the General Assembly on or after July 1, 1984,
shall become a member of the Georgia Legislative Retirement System upon taking
office as a member of the General Assembly and shall remain a member of said
system as long as such person remains a member of the General
Assembly.
(c)
After April 13, 1979, the contributions of the state under this Code section to
this system shall be determined by the board each year on the basis of the most
recent actuarial valuation. The board shall certify to the legislative fiscal
officer the amount of the state's contributions due to the system. The state's
contributions shall be paid from funds appropriated to the legislative branch of
government and shall be in an amount determined by the board to be necessary to
cover the costs of financing and administering the system. The legislative
fiscal officer is directed to pay to the board the contributions of the state
together with an amount necessary to cover the required employer contributions
for social security coverage.
(d)
Any member of the General Assembly who elects to become a member of this
retirement system pursuant to subsection (a) of this Code section shall not
thereby forfeit any rights or privileges possessed by such member under the
Employees' Retirement System of Georgia at the time such election is made; and
such rights and privileges shall continue to apply to such member.
(e)(1)
Any other provisions of subsection (a) of this Code section to the contrary
notwithstanding, any member of the General Assembly who was serving as such on
April 13, 1979, and who, pursuant to said subsection (a) of this Code section,
elected not to become a member of a public retirement system may at any time
from July 1, 1988, until December 31, 1988, elect to become a member of this
retirement system. Such election shall be made within such time limitation by
written application to the board of trustees to become a member of this
retirement system.
(2)
Any other provisions of this chapter to the contrary notwithstanding, any member
of the General Assembly who elects to become a member of this retirement system
pursuant to paragraph (1) of this subsection may obtain creditable service under
this chapter for all or any part of prior service as a member of the General
Assembly rendered after December 31, 1978, by paying to the board of trustees
the employer and employee contributions which would have been paid to the
retirement system by or on behalf of the member of the General Assembly if such
member had been a member of the retirement system during the period for which
creditable service is obtained, plus regular interest thereon compounded
annually from the time the prior service was rendered until the date of
payment.
(3)
For the purposes of paragraph (2) of this subsection:
(A)
The rate of the employer contribution shall be determined by the board of
trustees on the basis of the state payments which were made to fund the
retirement system during the period of prior service for which creditable
service is obtained;
(B)
The rate of the employee contribution shall be the rate specified in subsection
(a) of Code Section 47-6-60, without any reduction because of subsection (d) of
Code Section 47-6-60, plus the additional rate specified by subsection (f) of
Code Section 47-6-60 for service after June 30, 1986; and
(C)
Regular interest shall be at the rate determined by the board of trustees under
subsection (g) of Code Section 47-6-22 which is in effect at the time the
application for creditable service is filed with the board of
trustees.
(4)
A member of the General Assembly seeking to obtain creditable service authorized
under paragraph (2) of this subsection shall apply therefor to the board of
trustees at the time such member applies for membership in the retirement system
under paragraph (1) of this subsection. The board of trustees shall certify to
the applicant the amount of payments required under paragraph (2) of this
subsection. Such payments must be made by December 31, 1988, and no creditable
service may be obtained under this Code section after that
date."
SECTION
54.
Said
title is further amended by revising Code Section 47-7-83, relating to service
credit of member who is also member of the Peace Officers' Annuity and Benefit
Fund, as follows:
"47-7-83.
(a)
No credit shall be given for service rendered after April 1, 1989, by a member
who is also a member of the Peace Officers' Annuity and Benefit Fund if such
service is creditable under the Peace Officers' Annuity and Benefit Fund to
which such member belongs.
(b)(1)
Any member who first became a member of the fund on or after July 1, 1993, and
who is also a member of the Peace Officers' Annuity and Benefit Fund shall not
be eligible for creditable service in the fund for any period after that date
with respect to which such member is also entitled to any creditable service in
the Peace Officers' Annuity and Benefit Fund.
(2)
Any person who was a member of the fund on July 1, 1993, and who subsequent to
that date was placed on a leave of absence from the fund by action of the board
of trustees and who from that date to July 1, 1996, was continuously employed as
a firefighter or who was continuously enrolled as a volunteer firefighter may,
upon again becoming a regular, active member of the fund, obtain creditable
service for 36 months of service by paying the regular dues which would have
been made for each month of service if such leave of absence had not been
imposed, provided that such member otherwise satisfied the requirements for
creditable service during such period. Such payment must be made to the board
of trustees not later than December 31,
1996."
SECTION
55.
Said
title is further amended by repealing in its entirety Chapter 7A, relating to
the Georgia Class Nine Fire Department Pension Fund.
SECTION
56.
Said
title is further amended by repealing and reserving Code Section 47-20-11,
relating to minimum funding causing financial hardship in local retirement
systems, as follows:
"47-20-11.
In
the case of a retirement system of a political subdivision, if the minimum
funding standards provided by Code Section 47-20-10 would cause a severe
financial hardship to the political subdivision if implemented on January 1,
1984, such minimum funding standard may be phased in over a period of four years
beginning on January 1, 1984, for funding the normal cost and over a period of
seven years beginning on January 1, 1984, for funding the total required minimum
employer contribution. The provisions of this Code section shall not apply to
any retirement system of a political subdivision which is created or established
on or after January 1, 1983.
Reserved."
SECTION
57.
Said
title is further amended by repealing and reserving Code Section 47-20-12,
relating to state controlled systems, certification of conformance to standards,
and freezing of benefits and other provisions when not in compliance, as
follows:
"47-20-12.
(a)
The retirement system administrator of each legislatively controlled retirement
system, based on the findings and conclusions of the actuary of the retirement
system, shall submit a certification to the Governor and to each member of the
General Assembly by not later than July 1, 1984, stating whether or not the
retirement system is currently being funded in conformity with the minimum
funding standards set forth in Code Section 47-20-10.
(b)
Based on the certification provided for by subsection (a) of this Code section,
any legislatively controlled retirement system which is not being funded in
conformity with the minimum funding standards set forth in Code Section 47-20-10
shall not be amended or changed in any manner to grant any benefit increase
until such time as the retirement system administrator, based on the findings
and conclusions of the actuary of the retirement system, issues a new
certification to the Governor and to each member of the General Assembly stating
that the retirement system is being funded in conformity with the minimum
funding standards set forth in Code Section 47-20-10.
(c)
Based on the certification provided for by subsection (a) of this Code section,
the retirement system administrator of any legislatively controlled retirement
system which is not being funded in conformity with the minimum funding
standards set forth in Code Section 47-20-10 shall not take any action to grant
a benefit increase until such time as a new certification provided for by
subsection (b) of this Code section is issued by the retirement system
administrator. The provisions of any law relating to a legislatively controlled
retirement system which authorizes the retirement system administrator to grant
benefit increases from time to time is amended to conform with the requirements
of this subsection.
(d)
Any retirement bill introduced into the General Assembly in violation of
subsection (b) of this Code section shall not be considered by the House or
Senate or by any committee of the House or Senate. Any retirement bill in
violation of subsection (b) of this Code section which is enacted by the General
Assembly, whether or not the bill is approved by the Governor, shall not become
law and shall be null, void, and of no force and effect and shall stand repealed
in its entirety on the first day of July immediately following its
enactment.
Reserved."
SECTION
58.
Said
title is further amended by revising subsection (b) of Code Section 47-20-20,
relating to freezing of benefits and other provisions and amount of annual
employer contribution, as follows:
"(b)
Unless excepted by Code Section
47-20-13
and subject to the provisions of Code Section
47-20-11, after January 1, 1984, the
annual employer contribution to each retirement system of a political
subdivision shall be in an amount equal to or greater than the minimum annual
employer contribution required by Code Section 47-20-10."
SECTION
59.
Said
title is further amended by revising Code Section 47-22-4, relating to
administration and operation of plan, actuarial and other services, rate of
interest, adoption of plan document, records, payment of employees and expenses,
and investment, as follows:
"47-22-4.
(a)
The general administration and responsibility for the proper operation of the
plan and for putting this chapter into effect are vested in the
board.
(b)
The board shall engage such actuarial and other services as shall be required to
transact the business of the plan.
(c)
The board shall designate an actuary who shall be the technical adviser of the
board on matters regarding the operation of the plan and shall perform such
other duties as are required in connection therewith.
(d)
Subject to the limitations of this chapter, the board shall, from time to time,
adopt the plan document and establish rules and regulations for the
administration of the plan and for the transaction of business.
(e)(b)
The board shall keep a record of all of its proceedings under this chapter,
which record shall be open to the public.
(f)(c)
All persons employed by the board and the expenses of the board in furtherance
of this chapter shall be paid from funds appropriated to the plan until such
time as the board determines that the return on investments is sufficient to
cover such costs.
(g)(d)
The board may combine the moneys subject to this chapter with other moneys under
the control of the board for purposes of investment, provided that a separate
accounting is maintained for all moneys subject to this
chapter."
SECTION
60.
Said
title is further amended by revising subsection (a) of Code Section 47-22-9,
relating to payment of lump sum on termination of employment and continued
accrual of earnings absent request for lump sum payment, as
follows:
"(a)
Upon the written request of a member who ceases to be an employee, a lump sum
amount shall be paid to such person equal to the total amount credited to such
member's account at the time the member ceases to be an employee.
If such
member dies before payment has been made, such payment shall be made to such
person as the member has nominated, by written designation filed with the board;
otherwise to the member's estate. If no
such request is made, the member's account shall continue to accrue earnings in
the same manner as any member's account."
SECTION
61.
Said
title is further amended by revising Code Section 47-23-46, relating to members
from District Attorneys' Retirement System, as follows:
"47-23-46.
(a)
Any member who on June 30, 1998, was entitled to remain a member of the District
Attorneys' Retirement System while employed in a position covered by Chapter 2
of this title pursuant to the provisions of Code Section 47-13-40.1, as such
Code section appeared on June 30, 1998, shall have the same privileges with
regard to this retirement system. This Code section shall not apply to any
other member of this retirement system.
(b)
Any person who became a member of this retirement system pursuant to the
operation of Code Section 47-23-40 and who, prior to becoming a member of a
predecessor retirement system, was a member of the Employees' Retirement System
of Georgia may elect to transfer his or her membership from this retirement
system to the Employees' Retirement System of Georgia. Any person desiring to
transfer membership shall notify the board of this retirement system and the
board of trustees of the Employees' Retirement System of Georgia not later than
December 31, 2000. Upon receipt of such notice, the board of trustees of this
retirement system shall transfer to the board of trustees of the Employees'
Retirement System of Georgia all employer and employee contributions paid by or
on behalf of such member, together with regular interest
thereon."
SECTION
62.
Said
title is further amended by repealing and reserving Code Section 47-23-49,
relating to irrevocable election by individuals employed but previously
ineligible and creditable service, as follows:
"47-23-49.
Any
person who on July 1, 1998, was a member of the Employees' Retirement System of
Georgia and was employed in a position otherwise covered by this retirement
system but who was not eligible for membership in this retirement system on July
1, 1998, may make an irrevocable election to become a member by so notifying the
board of trustees not later than December 31, 2000. Any such person shall be
credited with service in this retirement system only for actual service in such
position. The Employees' Retirement System of Georgia shall transfer to this
retirement system all employer and employee contributions paid by or on behalf
of any such member with regular interest thereon. The member is authorized, but
not required, to pay to the board of trustees such additional amount as the
member desires, each payment to be made within 12 months of electing to become a
member of this retirement system. Such member shall receive only such
creditable service, not to exceed the actual years of service, as that amount
will warrant without creating any actuarial accrued unfunded liability to this
retirement system calculated as if the member had either elected or rejected
spouse's survivors benefits at the member's
option.
Reserved."
SECTION
63.
Said
title is further amended by revising Code Section 47-23-50, relating to
retirement of state judges serving Fulton County, as follows:
"47-23-50.
(a)
Any person who becomes a judge of the State Court of Fulton County on or after
July 1, 2004, shall become a member of this retirement system by operation of
law and shall not be a member of any other public retirement
system.
(b)
Any person serving as a judge of the State Court of Fulton County on June 30,
2004, may make an irrevocable election to become a member of this retirement
system by so notifying the board of trustees not later than December 31, 2004.
The local retirement system of which such person is a member shall transfer to
this retirement system all employer and employee contributions paid by or on
behalf of any such member with regular interest thereon. Such member shall
receive only such creditable service, not to exceed the actual years of
creditable service, as that amount will warrant without creating any accrued
actuarial liability to this retirement system, calculated as if the member had
either elected or rejected spouses' survivors benefits at the member's option.
Such persons shall be subject to all provisions of this
chapter."
SECTION
64.
Said
title is further 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 47-2-91,
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).
(6) 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).
(7) 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.
(8) 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).
(9) 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).
(10) 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).
(11) 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).
(12) 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).
(13) 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).
(14) 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).
(15) 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).
(16) 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).
(17) 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).
(18) 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).
(19) 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).
(20) 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).
(21) 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".
(22) 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.
(23) 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,".
(24) 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).
(25) 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).
(26) 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
65.
Said
title 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.
SECTION
66.
Said
title 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.
SECTION
67.
In
the event of an irreconcilable conflict between a provision of Sections 62
through 64 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
68.
This
Act shall become effective on July 1, 2010.
SECTION
69.
All
laws and parts of laws in conflict with this Act are repealed.