24 HB 825/AP
House Bill 825 (AS PASSED HOUSE AND SENATE)
By: Representatives Fleming of the 125
th
and Leverett of the 123
rd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the
1
Judicial Retirement System, so as to require certain counties that comprise single county2
judicial circuits to supplement the retirement benefits paid to the circuit's district attorneys;3
to permit the state court judges of Fulton County to participate in such county's defined4
contribution plan; to provide for related matters; to provide conditions for an effective date5
and automatic repeal; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Judicial9
Retirement System, is amended by revising Code Section 47-23-50, relating to retirement10
benefits for state judges serving Fulton County, as follows:11
"47-23-50.12
Any person who becomes a judge of the State Court of Fulton County on or after July 1,13
2004, shall become a member of this retirement system by operation of law and shall not14
be a member of any other public retirement system; provided, however, that any such judge
15
may participate in a county's defined contribution plan."16
H. B. 825
- 1 - 24 HB 825/AP
SECTION 2.
17
Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Judicial18
Retirement System, is amended by revising Code Section 47-23-106, relating to county19
supplement of salaries, as follows:20
"47-23-106.21
(a) Whenever any county within a judicial circuit supplements the state salary paid to22
active superior court judges or the district attorney of said circuit, the governing authority23
of such county shall be authorized, but not required, to supplement the benefit being paid24
pursuant to this chapter to any retired superior court judge or district attorney of said circuit25
who is receiving benefits pursuant to this chapter or to supplement the benefit being paid26
pursuant to this chapter to any beneficiary of any deceased superior court judge or district27
attorney.28
(b) Whenever any county which has a state court supplements the salary of the judges or29
solicitors-general of such court, the governing authority of such county shall be authorized,30
but not required, to supplement the benefit being paid pursuant to this chapter to any retired31
state court judge of such court who is receiving benefits pursuant to this chapter or32
supplement the benefit being paid pursuant to this chapter to any beneficiary of any33
deceased state court judge.34
(c) Notwithstanding the provisions of subsection (a) or (b) of this Code section, for any
35
single county judicial circuit where the county site is located in an unincorporated area of36
the county and the county governing authority has constructed one or more permanent37
satellite courthouses within the county, said county shall supplement the benefit amount38
being paid pursuant to this chapter to any district attorney who retired from such circuit. 39
The amount of the supplement shall be determined by multiplying the benefit percentage40
he or she earned pursuant to Code Section 47-23-102 at retirement together with the41
aggregate county salary supplement being paid to the active district attorney on the date42
that he or she begins receiving a retirement benefit or the supplement paid to the retiring43
H. B. 825
- 2 - 24 HB 825/AP
district attorney upon his or her last day of service as district attorney, whichever is greater. 44
The supplement shall not be payable to a spouse or survivor pursuant to the provisions of45
Code Section 47-23-105."46
SECTION 3.47
This Act shall become effective on July 1, 2024, only if it is determined to have been48
concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia49
Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not50
become effective and shall be automatically repealed in its entirety on July 1, 2024, as51
required by subsection (a) of Code Section 47-20-50.52
SECTION 4.53
All laws and parts of laws in conflict with this Act are repealed.54
H. B. 825
- 3 -