23 LC 43 2552
H. B. 472
- 1 -
House Bill 472
By: Representatives Crowe of the 118
th
, Blackmon of the 146
th
, Hitchens of the 161
st
,
Lumsden of the 12
th
, Powell of the 33
rd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the
1
Employees' Retirement System of Georgia, so as to allow sworn law enforcement officers2
serving in and the commissioner and deputy commissioner of the Motor Carrier Compliance3
Division and the Capitol Police Division of the Department of Public Safety to be eligible4
for regular retirement benefits at the age of 55 years, certain disability benefits, and certain5
provisions for purchasing creditable service; to provide conditions for an effective date and6
automatic repeal; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees'10
Retirement System of Georgia, is amended in Code Section 47-2-110, relating to retirement11
ages, application and eligibility for a retirement allowance, suspension of retirement12
allowance upon reemployment, and health benefits, by revising paragraph (2) of subsection13
(a) as follows:14
"(2)(A)
Normal retirement age, for purposes of the retirement system, shall be the date15
the employee has reached 60 years of age, provided that he or she has at least ten years16 23 LC 43 2552
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of creditable service or the age of an employee on the date he or she attains 30 years of
17
creditable service; provided, however, that the provisions of this paragraph are subject18
to change by future legislation in order to comply with federal regulations.19
(B)
For those members who are in service with:20
(i) In service with the Uniform Division of the Department of Public Safety as an21
officer, noncommissioned officer, or trooper,;22
(ii) Officers officers and agents of the Georgia Bureau of Investigation,;23
(iii) Game game wardens of the Department of Natural Resources, or;24
(iv) In in the Department of Revenue as an alcohol and tobacco officer or agent,; or25
(v) In service in the Motor Carrier Compliance Division or the Capitol Police26
Division of the Department of Public Safety as a sworn law enforcement officer, the27
commissioner, or the deputy commissioner,28
normal retirement age shall be the date the employee has reached 55 years of age,29
provided that he or she has at least ten years of creditable service.30
(C) For purposes of Section 402(l) of the federal Internal Revenue Code regarding31
distributions from governmental plans for health and long-term care insurance for32
public safety officers, normal retirement age shall be the earliest date when the33
employee has satisfied the requirements for a retirement allowance under the retirement34
system.35
(D) Except as provided under Article 2 of Chapter 1 of this title, a member's right to36
his or her retirement allowance is nonforfeitable upon attainment of normal retirement37
age."38
SECTION 2.39
Said chapter is further amended by revising Code Section 47-2-111, relating to persons40
eligible to retire at age 55, as follows:41 23 LC 43 2552
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"47-2-111.
42
Any other provision of this chapter to the contrary notwithstanding, any member employed:
43
(1) By by the Uniform Division of the Department of Public Safety as an officer, a44
noncommissioned officer, or a trooper;45
(2) By by the Georgia Bureau of Investigation as an officer or agent; 46
(3) By by the Department of Natural Resources as a game warden; or47
(4) By by the Department of Revenue as an alcohol and tobacco officer or agent or as an48
officer or agent of the Special Investigations Unit; or49
(5) By the Motor Carrier Compliance Division or the Capitol Police Division of the50
Department of Public Safety as a sworn law enforcement officer, the commissioner, or51
the deputy commissioner52
shall be eligible to retire at age 55 if he or she has the minimum number of years of53
creditable service provided in Code Section 47-2-110, and upon retirement such member54
shall be paid not less than the service retirement allowance which would have been payable55
to such member upon service retirement at age 65 without a change in compensation and56
with the same number of years' creditable service to which such member is entitled at the57
time of retirement."58
SECTION 3.59
Said chapter is further amended by revising Code Section 47-2-221, relating to disability60
allowances payable to personnel for certain disabilities arising in the line of duty, as follows:61
"47-2-221.62
(a)(1) Notwithstanding the disability allowance provided for in Code Section 47-2-123,63
any member in service:64
(A) In of the Uniform Division of the Department of Public Safety,; 65
(B) As a any game warden of the Department of Natural Resources,;66
(C) As an any officer or agent of the Georgia Bureau of Investigation, and;67 23 LC 43 2552
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(D) As an any alcohol and tobacco officer or agent of the Department of Revenue; or68
(E) As a sworn law enforcement officer, the commissioner, or the deputy commissioner69
in the Motor Carrier Compliance Division or the Capitol Police Division of the70
Department of Public Safety on or after July 1, 2024,71
who, while a contributing member of this retirement system and upon becoming72
permanently disabled due to an act of external violence or injury incurred in the line of73
duty, becomes eligible for disability retirement allowances shall, upon making written74
application to the board of trustees either personally or through his or her employer and75
after a medical examination and upon certification by the medical board that such76
member is, in their opinion, permanently disabled, be entitled to a monthly allowance as77
computed on the member's life expectancy without option. Such monthly allowance as78
shall be payable to the member only, during his or her life or length of disability, shall79
not exceed 80 percent of the service allowance that would have been payable to the80
member had he or she accumulated not more than 30 years of creditable service and had81
retired at age 65. Such allowance shall be computed on the basis of the member's82
monthly earnable compensation for the month in which his or her permanent disability83
occurred. Such permanent disability retirement shall apply regardless of the length of84
service of any such member; and such member shall be deemed to have acquired 30 or85
more years of creditable service. In addition, a member so disabled in the line of duty86
shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per87
month for each year of creditable service as a member of the Uniform Division of the88
Department of Public Safety, game warden of the Department of Natural Resources,89
alcohol and tobacco officer or agent of the Department of Revenue, or as an officer or90
agent of the Georgia Bureau of Investigation described in subparagraphs (A) through (E)91
of this paragraph. Such additional monthly supplemental benefit shall in no event exceed92
$150.00 per month. Any other provision of law to the contrary notwithstanding, any93
member of the Uniform Division of the Department of Public Safety who retired prior to94 23 LC 43 2552
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July 1, 1970, as a result of becoming permanently disabled due to an act of external95
violence or injury incurred in the line of duty and who was a member of the retirement96
system on the date of the injury or act of violence shall be entitled to and shall receive the97
monthly supplemental benefit provided for in this subsection.98
(2) In lieu of the foregoing benefits provided for in paragraph (1) of this subsection, any99
member so described and so disabled in the line of duty shall be entitled to receive a100
minimum monthly disability retirement benefit equal to 2 percent of his or her monthly101
earnable compensation for the month in which his or her permanent disability occurred102
for each year of creditable service determined as though he or she had continued in103
service in the Uniform Division of the Department of Public Safety, as a game warden104
of the Department of Natural Resources, as an alcohol and tobacco officer or agent of the105
Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation106
as a member described in subparagraphs (A) through (E) of paragraph (1) of this107
subsection until his or her mandatory retirement age.108
(b)(1) Notwithstanding the disability allowance provided for in Code Section 47-2-123,109
any employee of the Department of Natural Resources appointed as a deputy game110
warden under Code Section 27-1-17, any parole officer employed by the State Board of111
Pardons and Paroles, any probation officer employed by the Department of Corrections,112
and any community supervision officer employed by the Department of Community113
Supervision who, while a contributing member of this retirement system and upon114
becoming permanently disabled due to an act of external violence or injury incurred in115
the line of law enforcement duty, becomes eligible for disability retirement allowances116
shall, after a medical examination and upon certification by the medical board that such117
member is, in their opinion, permanently disabled, be entitled to a monthly allowance as118
computed on the member's life expectancy without option. Such monthly allowance as119
shall be payable to the member only, during his or her life or length of disability, shall120
not exceed 80 percent of the service allowance that would have been payable to the121 23 LC 43 2552
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member had he or she accumulated not more than 30 years of creditable service and had
122
retired at age 65. Such allowance shall be computed on the basis of the member's123
monthly earnable compensation for the month in which his or her permanent disability124
occurred. Such permanent disability retirement shall apply regardless of the length of125
service of any such member; and such member shall be deemed to have acquired 30 or126
more years of creditable service. In addition, a member so disabled in the line of law127
enforcement duty shall receive a monthly supplemental benefit which shall be in the128
amount of $5.00 per month for each year of creditable service as an employee of the129
Department of Natural Resources who has been appointed as a deputy game warden130
under Code Section 27-1-17, parole officer of the State Board of Pardons and Paroles,131
probation officer of the Department of Corrections, or any
community supervision officer132
employed by the Department of Community Supervision. Such additional monthly133
supplemental benefit shall in no event exceed $150.00 per month.134
(2) In lieu of the foregoing, any member so disabled in the line of law enforcement duty135
shall be entitled to receive a minimum monthly disability retirement benefit equal to 2136
percent of his or her monthly earnable compensation for the month in which his or her137
permanent disability occurred for each year of creditable service determined as though138
he or she had continued in service as a deputy game warden, probation officer, parole139
officer, or a community supervision officer until his or her mandatory retirement age."140
SECTION 4.141
Said chapter is further amended by revising Code Section 47-2-223, relating to regular142
retirement benefits for certain service members of the Department of Public Safety, as143
follows:144 23 LC 43 2552
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"47-2-223.
145
(a) For purposes of this Code section, the term 'highest average compensation' means the146
member's highest average monthly earnable compensation during a period of 24147
consecutive calendar months while a member of the retirement system.148
(b) Anything in this chapter to the contrary notwithstanding, every
:149
(1) Every person who is in service in the Uniform Division of the Department of Public150
Safety as an officer, noncommissioned officer, or trooper, or as an officer or agent of the151
Georgia Bureau of Investigation on June 30, 1970, and every person who enters or152
reenters such service on or after July 1, 1970,; and153
(2) Any member who is in service in the Motor Carrier Compliance Division or the154
Capitol Police Division of the Department of Public Safety as a sworn law enforcement155
officer, the commissioner, or the deputy commissioner on or after July 1, 2024,156
may retire at any time after attaining the age of 55 and upon retirement such retiree shall157
receive the regular retirement benefits under this chapter, provided that he or she shall in158
any case receive a minimum monthly retirement benefit equal to 2 percent of his or her159
highest average compensation for each year of creditable service by filing an application160
therefor in a manner similar to that provided in Code Section 47-2-110."161
SECTION 5.162
Said chapter is further amended by revising Code Section 47-2-226, relating to certain law163
enforcement officers permitted to obtain creditable service in retirement system under certain164
conditions, "law enforcement officer" defined, and payment of full actuarial value to165
applicant, as follows:166
"47-2-226.167
(a) As used in this Code section, the term 'law enforcement officer' means any:168
(1) Member member in service of in the Uniform Division of the Department of Public169
Safety,;170 23 LC 43 2552
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(2) Game any game warden of the Department of Natural Resources,;171
(3) Officer any officer or agent of the Georgia Bureau of Investigation,;172
(4) District any district attorney investigator who is compensated from state funds173
pursuant to Code Section 15-18-14.1,;174
(5) Alcohol any alcohol and tobacco officer or agent of the Department of Revenue,;175
(6) Investigator any investigator of the Department of Driver Services, and;176
(7) Criminal any criminal investigators or K9 handlers of the Department of Corrections;177
and178
(8) Any member who is in service as a sworn law enforcement officer, the179
commissioner, or the deputy commissioner in the Motor Carrier Compliance Division or180
the Capitol Police Division of the Department of Public Safety.181
(b) Any law enforcement officer who, prior to becoming a member of this retirement182
system, was employed by a local government in this state as a full-time employee, in a183
position in which he or she was vested with authority to enforce the criminal or traffic laws184
and with the power of arrest and whose duties include the preservation of public order, the185
protection of life and property, or the prevention, detection, or investigation of crime, shall186
be eligible to obtain creditable service under this Code section for his or her years of187
service in such capacity if:188
(1) The member is not eligible to receive a present or future benefit from a defined189
benefit or defined contribution retirement or pension plan in which said member190
participated while employed by the local governing authority other than membership in191
the Peace Officers' Annuity and Benefit Fund; and192
(2) The member has been a member of the retirement system for at least ten years.193
(c) Any member eligible as provided in subsection (b) of this Code section may obtain up194
to an additional five years of creditable service, not to exceed the actual number of years195
of service described in subsection (b) of this Code section. In order to obtain such196
additional creditable service, the member shall:197 23 LC 43 2552
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(1) Make application to the board of trustees in such manner and provide such
198
documentation as the board deems appropriate; and199
(2) Pay to the board of trustees an amount determined by the board of trustees to be200
sufficient to cover the full actuarial cost of granting the creditable service as provided in201
this Code section.202
(d) Upon receipt of an application for additional creditable service, the board of trustees203
shall certify to the applicant the amount of the payment required by paragraph (2) of204
subsection (c) of this Code section."205
SECTION 6.206
This Act shall become effective on July 1, 2024, only if it is determined to have been207
concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia208
Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not209
become effective and shall be automatically repealed in its entirety on July 1, 2024, as210
required by subsection (a) of Code Section 47-20-50.211
SECTION 7.212
All laws and parts of laws in conflict with this Act are repealed.213