Georgia 2023-2024 Regular Session

Georgia House Bill HB472 Compare Versions

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11 24 LC 43 2873S
2-House Bill 472 (COMMITTEE SUBSTITUTE)
3-By: Representatives Crowe of the 118
4-th
5-, Blackmon of the 146
6-th
7-, Hitchens of the 161
8-st
9-,
10-Lumsden of the 12
11-th
12-, Powell of the 33
13-rd
14-, and others
2+The House Committee on Retirement offers the following substitute to HB 472:
153 A BILL TO BE ENTITLED
164 AN ACT
17-To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the
18-1
5+To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the1
196 Employees' Retirement System of Georgia, so as to allow sworn law enforcement officers2
207 serving in and the commissioner and deputy commissioner of the Motor Carrier Compliance3
218 Division and the Capitol Police Division of the Department of Public Safety to be eligible4
229 for certain disability benefits; to provide conditions for an effective date and automatic5
2310 repeal; to repeal conflicting laws; and for other purposes.6
2411 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
2512 SECTION 1.8
2613 Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees'9
2714 Retirement System of Georgia, is amended by revising Code Section 47-2-221, relating to10
2815 disability allowances payable to personnel for certain disabilities arising in the line of duty,11
2916 as follows:12
3017 "47-2-221.13
3118 (a)(1) Notwithstanding the disability allowance provided for in Code Section 47-2-123,14
32-any member in service:
33-15
19+any member in service:15
3420 (A) In of the Uniform Division of the Department of Public Safety,; 16
3521 H. B. 472 (SUB)
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3723 (B) As a any game warden of the Department of Natural Resources,;17
3824 (C) As an any officer or agent of the Georgia Bureau of Investigation, and;18
3925 (D) As an any alcohol and tobacco officer or agent of the Department of Revenue; or19
4026 (E) As a sworn law enforcement officer, the commissioner, or the deputy20
4127 commissioner in the Motor Carrier Compliance Division or the Capitol Police Division21
4228 of the Department of Public Safety on or after July 1, 2024,22
4329 who, while a contributing member of this retirement system and upon becoming23
4430 permanently disabled due to an act of external violence or injury incurred in the line of24
4531 duty, becomes eligible for disability retirement allowances shall, upon making written25
4632 application to the board of trustees either personally or through his or her employer and26
4733 after a medical examination and upon certification by the medical board that such27
4834 member is, in their opinion, permanently disabled, be entitled to a monthly allowance as28
4935 computed on the member's life expectancy without option. Such monthly allowance as29
5036 shall be payable to the member only, during his or her life or length of disability, shall30
5137 not exceed 80 percent of the service allowance that would have been payable to the31
5238 member had he or she accumulated not more than 30 years of creditable service and had32
5339 retired at age 65. Such allowance shall be computed on the basis of the member's33
5440 monthly earnable compensation for the month in which his or her permanent disability34
5541 occurred. Such permanent disability retirement shall apply regardless of the length of35
5642 service of any such member; and such member shall be deemed to have acquired 30 or36
5743 more years of creditable service. In addition, a member so disabled in the line of duty37
5844 shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per38
5945 month for each year of creditable service as a member of the Uniform Division of the39
6046 Department of Public Safety, game warden of the Department of Natural Resources,40
6147 alcohol and tobacco officer or agent of the Department of Revenue, or as an officer or41
6248 agent of the Georgia Bureau of Investigation described in subparagraphs (A) through (E)42
6349 of this paragraph. Such additional monthly supplemental benefit shall in no event exceed43
6450 H. B. 472 (SUB)
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6652 $150.00 per month. Any other provision of law to the contrary notwithstanding, any44
6753 member of the Uniform Division of the Department of Public Safety who retired prior to45
6854 July 1, 1970, as a result of becoming permanently disabled due to an act of external46
6955 violence or injury incurred in the line of duty and who was a member of the retirement47
7056 system on the date of the injury or act of violence shall be entitled to and shall receive the48
7157 monthly supplemental benefit provided for in this subsection.49
7258 (2) In lieu of the foregoing benefits provided for in paragraph (1) of this subsection, any50
7359 member so described and so disabled in the line of duty shall be entitled to receive a51
7460 minimum monthly disability retirement benefit equal to 2 percent of his or her monthly52
7561 earnable compensation for the month in which his or her permanent disability occurred53
7662 for each year of creditable service determined as though he or she had continued in54
7763 service in the Uniform Division of the Department of Public Safety, as a game warden55
7864 of the Department of Natural Resources, as an alcohol and tobacco officer or agent of the56
7965 Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation57
8066 as a member described in subparagraphs (A) through (E) of paragraph (1) of this58
8167 subsection until his or her mandatory retirement age.59
8268 (b)(1) Notwithstanding the disability allowance provided for in Code Section 47-2-123,60
8369 any employee of the Department of Natural Resources appointed as a deputy game61
8470 warden under Code Section 27-1-17, any parole officer employed by the State Board of62
8571 Pardons and Paroles, any probation officer employed by the Department of Corrections,63
8672 and any community supervision officer employed by the Department of Community64
8773 Supervision who, while a contributing member of this retirement system and upon65
8874 becoming permanently disabled due to an act of external violence or injury incurred in66
8975 the line of law enforcement duty, becomes eligible for disability retirement allowances67
9076 shall, after a medical examination and upon certification by the medical board that such68
9177 member is, in their opinion, permanently disabled, be entitled to a monthly allowance as69
9278 computed on the member's life expectancy without option. Such monthly allowance as70
9379 H. B. 472 (SUB)
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95-shall be payable to the member only, during his or her life or length of disability, shall
96-71
81+shall be payable to the member only, during his or her life or length of disability, shall71
9782 not exceed 80 percent of the service allowance that would have been payable to the72
9883 member had he or she accumulated not more than 30 years of creditable service and had73
9984 retired at age 65. Such allowance shall be computed on the basis of the member's74
10085 monthly earnable compensation for the month in which his or her permanent disability75
10186 occurred. Such permanent disability retirement shall apply regardless of the length of76
10287 service of any such member; and such member shall be deemed to have acquired 30 or77
10388 more years of creditable service. In addition, a member so disabled in the line of law78
10489 enforcement duty shall receive a monthly supplemental benefit which shall be in the79
10590 amount of $5.00 per month for each year of creditable service as an employee of the80
10691 Department of Natural Resources who has been appointed as a deputy game warden81
10792 under Code Section 27-1-17, parole officer of the State Board of Pardons and Paroles,82
108-probation officer of the Department of Corrections, or any
109- community supervision officer83
93+probation officer of the Department of Corrections, or any community supervision officer83
11094 employed by the Department of Community Supervision. Such additional monthly84
11195 supplemental benefit shall in no event exceed $150.00 per month.85
11296 (2) In lieu of the foregoing, any member so disabled in the line of law enforcement duty86
11397 shall be entitled to receive a minimum monthly disability retirement benefit equal to 287
11498 percent of his or her monthly earnable compensation for the month in which his or her88
11599 permanent disability occurred for each year of creditable service determined as though89
116100 he or she had continued in service as a deputy game warden, probation officer, parole90
117101 officer, or a community supervision officer until his or her mandatory retirement age."91
118102 SECTION 2.92
119103 This Act shall become effective on July 1, 2024, only if it is determined to have been93
120104 concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia94
121105 Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not95
122106 H. B. 472 (SUB)
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124-become effective and shall be automatically repealed in its entirety on July 1, 2024, as
125-96
108+become effective and shall be automatically repealed in its entirety on July 1, 2024, as96
126109 required by subsection (a) of Code Section 47-20-50.97
127110 SECTION 3.98
128111 All laws and parts of laws in conflict with this Act are repealed.99
129112 H. B. 472 (SUB)
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