GA
Georgia House Bill HB825

Georgia 2023-2024 Regular Session

Georgia House Bill HB825 Compare Versions

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1-24 HB 825/AP
2-House Bill 825 (AS PASSED HOUSE AND SENATE)
1+24 LC 56 0096S
2+House Bill 825 (COMMITTEE SUBSTITUTE)
33 By: Representatives Fleming of the 125
44 th
55 and Leverett of the 123
66 rd
77
88 A BILL TO BE ENTITLED
99 AN ACT
1010 To amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the
1111 1
1212 Judicial Retirement System, so as to require certain counties that comprise single county2
1313 judicial circuits to supplement the retirement benefits paid to the circuit's district attorneys;3
14-to permit the state court judges of Fulton County to participate in such county's defined4
15-contribution plan; to provide for related matters; to provide conditions for an effective date5
16-and automatic repeal; to repeal conflicting laws; and for other purposes.6
17-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
18-SECTION 1.8
19-Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Judicial9
20-Retirement System, is amended by revising Code Section 47-23-50, relating to retirement10
21-benefits for state judges serving Fulton County, as follows:11
22-"47-23-50.12
23-Any person who becomes a judge of the State Court of Fulton County on or after July 1,13
24-2004, shall become a member of this retirement system by operation of law and shall not14
25-be a member of any other public retirement system; provided, however, that any such judge
26-15
27-may participate in a county's defined contribution plan."16
28-H. B. 825
29-- 1 - 24 HB 825/AP
30-SECTION 2.
14+to provide for related matters; to provide conditions for an effective date and automatic4
15+repeal; to repeal conflicting laws; and for other purposes.5
16+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
17+SECTION 1.7
18+Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Judicial8
19+Retirement System, is amended by revising Code Section 47-23-106, relating to county9
20+supplement of salaries, as follows:10
21+"47-23-106.11
22+(a) Whenever any county within a judicial circuit supplements the state salary paid to12
23+active superior court judges or the district attorney of said circuit, the governing authority13
24+of such county shall be authorized, but not required, to supplement the benefit being paid14
25+pursuant to this chapter to any retired superior court judge or district attorney of said circuit15
26+who is receiving benefits pursuant to this chapter or to supplement the benefit being paid16
27+H. B. 825 (SUB)
28+- 1 - 24 LC 56 0096S
29+pursuant to this chapter to any beneficiary of any deceased superior court judge or district
3130 17
32-Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Judicial18
33-Retirement System, is amended by revising Code Section 47-23-106, relating to county19
34-supplement of salaries, as follows:20
35-"47-23-106.21
36-(a) Whenever any county within a judicial circuit supplements the state salary paid to22
37-active superior court judges or the district attorney of said circuit, the governing authority23
38-of such county shall be authorized, but not required, to supplement the benefit being paid24
39-pursuant to this chapter to any retired superior court judge or district attorney of said circuit25
40-who is receiving benefits pursuant to this chapter or to supplement the benefit being paid26
41-pursuant to this chapter to any beneficiary of any deceased superior court judge or district27
42-attorney.28
43-(b) Whenever any county which has a state court supplements the salary of the judges or29
44-solicitors-general of such court, the governing authority of such county shall be authorized,30
45-but not required, to supplement the benefit being paid pursuant to this chapter to any retired31
46-state court judge of such court who is receiving benefits pursuant to this chapter or32
47-supplement the benefit being paid pursuant to this chapter to any beneficiary of any33
48-deceased state court judge.34
31+attorney.18
32+(b) Whenever any county which has a state court supplements the salary of the judges or19
33+solicitors-general of such court, the governing authority of such county shall be authorized,20
34+but not required, to supplement the benefit being paid pursuant to this chapter to any retired21
35+state court judge of such court who is receiving benefits pursuant to this chapter or22
36+supplement the benefit being paid pursuant to this chapter to any beneficiary of any23
37+deceased state court judge.24
4938 (c) Notwithstanding the provisions of subsection (a) or (b) of this Code section, for any
50-35
51-single county judicial circuit where the county site is located in an unincorporated area of36
52-the county and the county governing authority has constructed one or more permanent37
53-satellite courthouses within the county, said county shall supplement the benefit amount38
54-being paid pursuant to this chapter to any district attorney who retired from such circuit. 39
55-The amount of the supplement shall be determined by multiplying the benefit percentage40
56-he or she earned pursuant to Code Section 47-23-102 at retirement together with the41
57-aggregate county salary supplement being paid to the active district attorney on the date42
58-that he or she begins receiving a retirement benefit or the supplement paid to the retiring43
59-H. B. 825
60-- 2 - 24 HB 825/AP
61-district attorney upon his or her last day of service as district attorney, whichever is greater. 44
62-The supplement shall not be payable to a spouse or survivor pursuant to the provisions of45
63-Code Section 47-23-105."46
64-SECTION 3.47
65-This Act shall become effective on July 1, 2024, only if it is determined to have been48
66-concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia49
67-Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not50
68-become effective and shall be automatically repealed in its entirety on July 1, 2024, as51
69-required by subsection (a) of Code Section 47-20-50.52
70-SECTION 4.53
71-All laws and parts of laws in conflict with this Act are repealed.54
72-H. B. 825
39+25
40+single county judicial circuit where the county site is located in an unincorporated area of26
41+the county and the county governing authority has constructed one or more permanent27
42+satellite courthouses within the county, said county shall supplement the benefit amount28
43+being paid pursuant to this chapter to any district attorney who retired from such circuit. 29
44+The amount of the supplement shall be determined by multiplying the benefit percentage30
45+he or she earned pursuant to Code Section 47-23-102 at retirement together with the31
46+aggregate county salary supplement being paid to the active district attorney on the date32
47+that he or she begins receiving a retirement benefit or the supplement paid to the retiring33
48+district attorney upon his or her last day of service as district attorney, whichever is greater. 34
49+The supplement shall not be payable to a spouse or survivor pursuant to the provisions of35
50+Code Section 47-23-105."36
51+SECTION 2.37
52+This Act shall become effective on July 1, 2024, only if it is determined to have been38
53+concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia39
54+Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not40
55+become effective and shall be automatically repealed in its entirety on July 1, 2024, as41
56+required by subsection (a) of Code Section 47-20-50.42
57+H. B. 825 (SUB)
58+- 2 - 24 LC 56 0096S
59+SECTION 3.
60+43
61+All laws and parts of laws in conflict with this Act are repealed.44
62+H. B. 825 (SUB)
7363 - 3 -