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