24 LC 43 2873S
The House Committee on Retirement offers the following substitute to HB 472:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the1
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 certain disability benefits; to provide conditions for an effective date and automatic5
repeal; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees'9
Retirement System of Georgia, is amended by revising Code Section 47-2-221, relating to10
disability allowances payable to personnel for certain disabilities arising in the line of duty,11
as follows:12
"47-2-221.13
(a)(1) Notwithstanding the disability allowance provided for in Code Section 47-2-123,14
any member in service:15
(A) In of the Uniform Division of the Department of Public Safety,; 16
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(B) As a any game warden of the Department of Natural Resources,;17
(C) As an any officer or agent of the Georgia Bureau of Investigation, and;18
(D) As an any alcohol and tobacco officer or agent of the Department of Revenue; or19
(E) As a sworn law enforcement officer, the commissioner, or the deputy20
commissioner in the Motor Carrier Compliance Division or the Capitol Police Division21
of the Department of Public Safety on or after July 1, 2024,22
who, while a contributing member of this retirement system and upon becoming23
permanently disabled due to an act of external violence or injury incurred in the line of24
duty, becomes eligible for disability retirement allowances shall, upon making written25
application to the board of trustees either personally or through his or her employer and26
after a medical examination and upon certification by the medical board that such27
member is, in their opinion, permanently disabled, be entitled to a monthly allowance as28
computed on the member's life expectancy without option. Such monthly allowance as29
shall be payable to the member only, during his or her life or length of disability, shall30
not exceed 80 percent of the service allowance that would have been payable to the31
member had he or she accumulated not more than 30 years of creditable service and had32
retired at age 65. Such allowance shall be computed on the basis of the member's33
monthly earnable compensation for the month in which his or her permanent disability34
occurred. Such permanent disability retirement shall apply regardless of the length of35
service of any such member; and such member shall be deemed to have acquired 30 or36
more years of creditable service. In addition, a member so disabled in the line of duty37
shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per38
month for each year of creditable service as a member of the Uniform Division of the39
Department of Public Safety, game warden of the Department of Natural Resources,40
alcohol and tobacco officer or agent of the Department of Revenue, or as an officer or41
agent of the Georgia Bureau of Investigation described in subparagraphs (A) through (E)42
of this paragraph. Such additional monthly supplemental benefit shall in no event exceed43
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$150.00 per month. Any other provision of law to the contrary notwithstanding, any44
member of the Uniform Division of the Department of Public Safety who retired prior to45
July 1, 1970, as a result of becoming permanently disabled due to an act of external46
violence or injury incurred in the line of duty and who was a member of the retirement47
system on the date of the injury or act of violence shall be entitled to and shall receive the48
monthly supplemental benefit provided for in this subsection.49
(2) In lieu of the foregoing benefits provided for in paragraph (1) of this subsection, any50
member so described and so disabled in the line of duty shall be entitled to receive a51
minimum monthly disability retirement benefit equal to 2 percent of his or her monthly52
earnable compensation for the month in which his or her permanent disability occurred53
for each year of creditable service determined as though he or she had continued in54
service in the Uniform Division of the Department of Public Safety, as a game warden55
of the Department of Natural Resources, as an alcohol and tobacco officer or agent of the56
Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation57
as a member described in subparagraphs (A) through (E) of paragraph (1) of this58
subsection until his or her mandatory retirement age.59
(b)(1) Notwithstanding the disability allowance provided for in Code Section 47-2-123,60
any employee of the Department of Natural Resources appointed as a deputy game61
warden under Code Section 27-1-17, any parole officer employed by the State Board of62
Pardons and Paroles, any probation officer employed by the Department of Corrections,63
and any community supervision officer employed by the Department of Community64
Supervision who, while a contributing member of this retirement system and upon65
becoming permanently disabled due to an act of external violence or injury incurred in66
the line of law enforcement duty, becomes eligible for disability retirement allowances67
shall, after a medical examination and upon certification by the medical board that such68
member is, in their opinion, permanently disabled, be entitled to a monthly allowance as69
computed on the member's life expectancy without option. Such monthly allowance as70
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shall be payable to the member only, during his or her life or length of disability, shall71
not exceed 80 percent of the service allowance that would have been payable to the72
member had he or she accumulated not more than 30 years of creditable service and had73
retired at age 65. Such allowance shall be computed on the basis of the member's74
monthly earnable compensation for the month in which his or her permanent disability75
occurred. Such permanent disability retirement shall apply regardless of the length of76
service of any such member; and such member shall be deemed to have acquired 30 or77
more years of creditable service. In addition, a member so disabled in the line of law78
enforcement duty shall receive a monthly supplemental benefit which shall be in the79
amount of $5.00 per month for each year of creditable service as an employee of the80
Department of Natural Resources who has been appointed as a deputy game warden81
under Code Section 27-1-17, parole officer of the State Board of Pardons and Paroles,82
probation officer of the Department of Corrections, or any community supervision officer83
employed by the Department of Community Supervision. Such additional monthly84
supplemental benefit shall in no event exceed $150.00 per month.85
(2) In lieu of the foregoing, any member so disabled in the line of law enforcement duty86
shall be entitled to receive a minimum monthly disability retirement benefit equal to 287
percent of his or her monthly earnable compensation for the month in which his or her88
permanent disability occurred for each year of creditable service determined as though89
he or she had continued in service as a deputy game warden, probation officer, parole90
officer, or a community supervision officer until his or her mandatory retirement age."91
SECTION 2.92
This Act shall become effective on July 1, 2024, only if it is determined to have been93
concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia94
Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not95
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become effective and shall be automatically repealed in its entirety on July 1, 2024, as96
required by subsection (a) of Code Section 47-20-50.97
SECTION 3.98
All laws and parts of laws in conflict with this Act are repealed.99
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