Georgia 2023-2024 Regular Session

Georgia House Bill HB400 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 43 2650
2	2	H. B. 400
3	3	- 1 -
4	4	House Bill 400
5	5	By: Representatives Smith of the 18
6	6	th
7	7	, Efstration of the 104
8	8	th
9	9	, Gunter of the 8
10	10	th
11	11	, Holcomb of
12	12	the 81
13	13	st
14	14	, Leverett of the 123
15	15	rd
16	16	, and others
17	17	A BILL TO BE ENTITLED
18	18	AN ACT
19	19	To amend Part 6 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia
20	20	1
21	21	Annotated, relating to judges of the Supreme Court, judges of the Court of Appeals, and their2
22	22	employees, so as to decrease the age of eligibility for retirement benefits for appellate court3
23	23	judges; to provide for related matters; to provide conditions for an effective date and4
24	24	automatic repeal; to repeal conflicting laws; and for other purposes.5
25	25	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
26	26	SECTION 1.7
27	27	Part 6 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated,8
28	28	relating to judges of the Supreme Court, judges of the Court of Appeals, and their employees,9
29	29	is amended by revising Code Section 47-2-244, relating to optional benefits available to10
30	30	appellate court judges, notice of election of benefits, eligibility for benefits, disability11
31	31	benefits, and survivors benefits, as follows:12
32	32	"47-2-244.13
33	33	(a) The term 'appellate court judge,' as used in this Code section, shall mean any Judge,14
34	34	Presiding Judge, or Chief Judge of the Court of Appeals and any Associate Justice,15
35	35	Presiding Justice, or Chief Justice of the Supreme Court.16 23 LC 43 2650
36	36	H. B. 400
37	37	- 2 -
38	38	(b) Any other provision of law to the contrary notwithstanding, any appellate court judge
39	39	17
40	40	shall be entitled to receive the benefits under this Code section in lieu of any retirement18
41	41	allowances otherwise available under this retirement system and in lieu of the appointment19
42	42	to or the holding of any emeritus office.20
43	43	(c) Any appellate court judge who seeks benefits under this Code section shall tender to21
44	44	the board of trustees before January 1, 1972, or within 60 days after the commencement22
45	45	of such judge's term of office, whichever shall occur later, a written notice stating that the23
46	46	judge has elected to accept such benefits in lieu of any retirement allowances otherwise24
47	47	available under this retirement system and in lieu of the appointment to and the holding of25
48	48	any emeritus office. The notice shall state that in consideration of the payment of benefits26
49	49	under this Code section, such appellate court judge shall resign from office as an appellate27
50	50	court judge on or before the day upon which he or she attains 75 years of age or on the last28
51	51	day of the term in which such appellate court judge is serving when he or she attains age29
52	52	70, whichever is later. Any notice filed prior to July 1, 1986, by an appellate court judge30
53	53	in active service on such date which contained an agreement to resign on or before such31
54	54	judge's seventieth birthday shall be void and of no force and effect if such judge files a new32
55	55	notice containing an agreement to resign as provided in this subsection and such notice is33
56	56	filed on or before September 1, 1986.34
57	57	(d) As a condition of eligibility for benefits under this Code section, there shall have been35
58	58	deducted from the earnable compensation of an appellate court judge and remitted to the36
59	59	board of trustees a contribution equivalent to 7 1/2 percent of such judge's earnable37
60	60	compensation for each pay period or part thereof after the date of such judge's written38
61	61	notice of election of benefits. Election of benefits under this Code section constitutes an39
62	62	authorization and direction by that appellate court judge to the clerical personnel of such40
63	63	judge's court to withhold such judge's contributions and remit them to the board of trustees41
64	64	in the manner provided by the board of trustees, together with a sum of money available42 23 LC 43 2650
65	65	H. B. 400
66	66	- 3 -
67	67	to the court from annual or supplemental appropriations in an amount sufficient to carry
68	68	43
69	69	out this Code section.44
70	70	(e) Upon compliance with this Code section, an appellate court judge may retire and45
71	71	receive benefits under this Code section.46
72	72	(f) After ten years of service as an appellate court judge, such judge shall be entitled to47
73	73	receive during life a retirement benefit payable monthly equivalent to 75 percent of the48
74	74	salary of an appellate court judge then serving in the office from which such judge retired.49
75	75	(g) An appellate court judge who is incapacitated prior to the completion of ten years of50
76	76	service as an appellate court judge shall receive during life for each full year of service51
77	77	one-tenth of the benefit such judge would have received had such judge completed ten52
78	78	years of service as an appellate court judge. For the purposes of this subsection, the term53
79	79	'incapacitated' or 'incapacity' means physical or mental disability for further performance54
80	80	of duties and shall not mean the attainment of any certain age.55
81	81	(h) The surviving spouse of an appellate court judge, provided such surviving spouse is56
82	82	the designated beneficiary, shall be entitled to receive a benefit payable monthly for life57
83	83	equivalent to 50 percent of the benefits to which the spouse would have been entitled based58
84	84	upon his or her years of service as an appellate court judge and without regard to whether59
85	85	such judge had attained age 65
86	86	60. However, if the designated beneficiary, or60
87	87	beneficiaries, is someone other than the surviving spouse of the deceased judge, then such61
88	88	named beneficiary or beneficiaries shall be entitled to receive a benefit payable monthly62
89	89	for life based on an actuarial equivalent, provided the actuarial equivalent shall not be in63
90	90	excess of 50 percent of the amount that would have been payable to the judge. For the64
91	91	purpose of this provision, in the event the beneficiary, or beneficiaries, is not the member's65
92	92	spouse, the actuarial equivalent shall be computed based upon the assumption that the66
93	93	member had a spouse who was the same age as the member.67
94	94	(i) Survivors benefits shall be available to appellate court judges at prevailing contribution68
95	95	rates and subject to provisions of law and regulations of the board of trustees; provided,69 23 LC 43 2650
96	96	H. B. 400
97	97	- 4 -
98	98	however, that no person who becomes or again becomes subject to the provisions of this
99	99	70
100	100	Code section on or after July 1, 2009, shall be entitled to such survivors benefits.71
101	101	(j) If any appellate court judge dies without having received benefits under this Code72
102	102	section and is not survived by a designated beneficiary who is eligible to receive the73
103	103	benefits provided by this Code section, such judge's contributions shall be paid to his or her74
104	104	estate without interest. If any appellate court judge and such judge's designated beneficiary75
105	105	or beneficiaries die as the result of a common accident prior to the time at which the76
106	106	payment of benefits to the judge equals the total contributions made by such judge plus77
107	107	interest thereon, the difference shall be paid to the estate of the judge. If after retirement78
108	108	an appellate court judge and such judge's designated beneficiary or beneficiaries die, but79
109	109	not as the result of a common accident, prior to the time at which the total benefits paid to80
110	110	the judge and such judge's beneficiary or beneficiaries equal the total contributions made81
111	111	by such judge plus interest thereon, the difference shall be paid to the estate of the last82
112	112	decedent.83
113	113	(k) An appellate court judge who has accrued creditable service under this retirement84
114	114	system may convert such service in order to fulfill the conditions of this Code section on85
115	115	the basis of two years of creditable service being equivalent to one year of service credit86
116	116	under this Code section, provided that creditable service based upon the holding of office87
117	117	as an appellate court judge shall be convertible to service credit under this Code section on88
118	118	an equal time basis. Applications for conversion of service credits under this Code section89
119	119	shall be made in writing to the board of trustees.90
120	120	(l) Any appellate court judge who elects to receive the benefits provided for by this Code91
121	121	section and who fails to resign his office as appellate court judge on or before the day such92
122	122	judge attains age 75 or on the last day of the term in which such appellate court judge is93
123	123	serving when he or she attains age 70, whichever is later, or on or before June 30, 1972, in94
124	124	the event he or she attained age 70 on or prior to June 30, 1972, shall not be entitled to95 23 LC 43 2650
125	125	H. B. 400
126	126	- 5 -
127	127	receive any benefits under this Code section and shall forfeit all contributions made under
128	128	96
129	129	it.97
130	130	(m) No benefit shall be payable to an appellate court judge under this Code section until98
131	131	such judge reaches 65
132	132	60 years of age, except for incapacity."99
133	133	SECTION 2.100
134	134	This Act shall become effective on July 1, 2024, only if it is determined to have been101
135	135	concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia102
136	136	Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not103
137	137	become effective and shall be automatically repealed in its entirety on July 1, 2024, as104
138	138	required by subsection (a) of Code Section 47-20-50.105
139	139	SECTION 3.106
140	140	All laws and parts of laws in conflict with this Act are repealed.107