| 1 | 1 | | 23 LC 43 2846 |
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| 2 | 2 | | H. B. 833 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 833 |
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| 5 | 5 | | By: Representatives Carson of the 46 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Crowe of the 118 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Lumsden of the 12 |
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| 10 | 10 | | th |
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| 11 | 11 | | , Hitchens |
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| 12 | 12 | | of the 161 |
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| 13 | 13 | | st |
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| 14 | 14 | | , and Corbett of the 174 |
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| 15 | 15 | | th |
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| 16 | 16 | | |
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| 17 | 17 | | A BILL TO BE ENTITLED |
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| 18 | 18 | | AN ACT |
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| 19 | 19 | | To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and |
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| 20 | 20 | | 1 |
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| 21 | 21 | | pensions, so as to reduce certain waiting periods and application deadlines for the2 |
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| 22 | 22 | | establishment or reestablishment of creditable service in the Employees' Retirement System3 |
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| 23 | 23 | | of Georgia and the Public School Employees Retirement System; to provide for related4 |
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| 24 | 24 | | matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting5 |
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| 25 | 25 | | laws; and for other purposes.6 |
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| 26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 27 | 27 | | SECTION 1.8 |
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| 28 | 28 | | Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is9 |
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| 29 | 29 | | amended in Chapter 2, relating to the Employees' Retirement System of Georgia, by revising10 |
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| 30 | 30 | | Code Section 47-2-92, relating to reestablishment of service credit after withdrawal of11 |
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| 31 | 31 | | accumulated contributions from this retirement system or the Teachers Retirement System12 |
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| 32 | 32 | | of Georgia and payments required to obtain credit, as follows:13 |
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| 33 | 33 | | "47-2-92.14 |
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| 34 | 34 | | Any present member who has withdrawn accumulated contributions from either the15 |
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| 35 | 35 | | Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia,16 23 LC 43 2846 |
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| 36 | 36 | | H. B. 833 |
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| 37 | 37 | | - 2 - |
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| 38 | 38 | | or both, may, after two years 90 days of service as a contributing member, reestablish the17 |
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| 39 | 39 | | creditable service for which the member would have been eligible if the accumulated18 |
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| 40 | 40 | | contributions had not been withdrawn, provided that the member repays into the retirement19 |
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| 41 | 41 | | system an amount equal to the amount withdrawn, together with regular interest at the rate20 |
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| 42 | 42 | | of 4 1/4 percent per annum from the date of withdrawal to the date of repayment, which21 |
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| 43 | 43 | | contributions and interest shall be placed in the participant's individual account in the22 |
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| 44 | 44 | | annuity savings fund. Upon receipt of notice from this retirement system to the Teachers23 |
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| 45 | 45 | | Retirement System of Georgia that a member has repaid to this retirement system24 |
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| 46 | 46 | | contributions previously withdrawn from the Teachers Retirement System of Georgia, the25 |
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| 47 | 47 | | Teachers Retirement System of Georgia shall pay an employer contribution plus regular26 |
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| 48 | 48 | | interest into the Employees' Retirement System of Georgia. The amount of the employer27 |
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| 49 | 49 | | contribution shall be 6 percent of the reported compensation of the member during28 |
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| 50 | 50 | | membership in the Teachers Retirement System of Georgia."29 |
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| 51 | 51 | | SECTION 2.30 |
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| 52 | 52 | | Said title is further amended in said chapter by revising Code Section 47-2-94, relating to31 |
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| 53 | 53 | | service credit provided for persons whose membership was terminated for failure to render32 |
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| 54 | 54 | | at least one year of service in a five-year period, as follows:33 |
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| 55 | 55 | | "47-2-94.34 |
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| 56 | 56 | | Any current member whose membership has previously been terminated because that35 |
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| 57 | 57 | | member rendered less than one year of service in a period of five consecutive years and36 |
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| 58 | 58 | | who has never withdrawn the contributions he or she made during such previous37 |
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| 59 | 59 | | membership shall receive credit, after one year 90 days of active service as a contributing38 |
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| 60 | 60 | | member, for the creditable service accumulated under the previous membership."39 23 LC 43 2846 |
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| 61 | 61 | | H. B. 833 |
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| 62 | 62 | | - 3 - |
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| 63 | 63 | | SECTION 3. |
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| 64 | 64 | | 40 |
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| 65 | 65 | | Said title is further amended in said chapter by revising subsection (b) of Code Section41 |
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| 66 | 66 | | 47-2-101, relating to creditable service in the Employees' Retirement System of Georgia for42 |
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| 67 | 67 | | prior service as member of the Georgia Defined Contribution Plan, as follows:43 |
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| 68 | 68 | | "(b) To obtain the creditable service established by subsection (a) of this Code section, a44 |
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| 69 | 69 | | member shall:45 |
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| 70 | 70 | | (1) Accrue at least five years |
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| 71 | 71 | | 90 days of membership in this retirement system;46 |
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| 72 | 72 | | (2) Apply to the board of trustees while a contributing member of the retirement system47 |
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| 73 | 73 | | in a manner to be prescribed by the board of trustees;48 |
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| 74 | 74 | | (3) Provide proof of such prior service as a Georgia Defined Contribution Plan member49 |
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| 75 | 75 | | as the board of trustees deems necessary;50 |
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| 76 | 76 | | (4) Authorize the transfer of all funds from his or her Georgia Defined Contribution Plan51 |
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| 77 | 77 | | account related to the prior service for which creditable service is sought; and52 |
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| 78 | 78 | | (5) Pay to the board of trustees an amount determined by the board of trustees to be53 |
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| 79 | 79 | | sufficient to cover the full actuarial cost of granting the creditable service allowed by this54 |
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| 80 | 80 | | Code section after accounting for any transfer under paragraph (4) of this subsection."55 |
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| 81 | 81 | | SECTION 4.56 |
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| 82 | 82 | | Said title is further amended in said chapter by revising subsection (b) of Code57 |
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| 83 | 83 | | Section 47-2-226, relating to certain law enforcement officers permitted to obtain creditable58 |
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| 84 | 84 | | service in retirement system under certain conditions, "law enforcement officer" defined, and59 |
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| 85 | 85 | | payment of full actuarial value to applicant, as follows:60 |
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| 86 | 86 | | "(b) Any law enforcement officer who, prior to becoming a member of this retirement61 |
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| 87 | 87 | | system, was employed by a local government in this state as a full-time employee, in a62 |
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| 88 | 88 | | position in which he or she was vested with authority to enforce the criminal or traffic laws63 |
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| 89 | 89 | | and with the power of arrest and whose duties include the preservation of public order, the64 |
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| 90 | 90 | | protection of life and property, or the prevention, detection, or investigation of crime, shall65 23 LC 43 2846 |
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| 91 | 91 | | H. B. 833 |
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| 92 | 92 | | - 4 - |
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| 93 | 93 | | be eligible to obtain creditable service under this Code section for his or her years of |
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| 94 | 94 | | 66 |
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| 95 | 95 | | service in such capacity if:67 |
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| 96 | 96 | | (1) The member is not eligible to receive a present or future benefit from a defined68 |
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| 97 | 97 | | benefit or defined contribution retirement or pension plan in which said member69 |
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| 98 | 98 | | participated while employed by the local governing authority other than membership in70 |
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| 99 | 99 | | the Peace Officers' Annuity and Benefit Fund; and71 |
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| 100 | 100 | | (2) The member has been a member of the retirement system for at least ten years |
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| 101 | 101 | | 72 |
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| 102 | 102 | | 90 days."73 |
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| 103 | 103 | | SECTION 5.74 |
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| 104 | 104 | | Said title is further amended in said chapter by revising subsection (c) of Code Section75 |
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| 105 | 105 | | 47-2-263, relating to credit for certain past service as an assistant district attorney or76 |
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| 106 | 106 | | employee of the Prosecuting Attorneys’ Council, payment of employee contributions, and77 |
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| 107 | 107 | | credit for service as full-time law assistant, as follows:78 |
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| 108 | 108 | | "(c) Any member who is subject to Code Section 47-2-262 may receive up to four years79 |
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| 109 | 109 | | of creditable service under this chapter for past service as a full-time law assistant for a80 |
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| 110 | 110 | | judicial circuit employed pursuant to the provisions of Code Section 15-6-28 upon payment81 |
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| 111 | 111 | | to the board of trustees of such amount as determined by the actuary as necessary to grant82 |
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| 112 | 112 | | such benefit without creating any accrued actuarial liability as to this retirement system.83 |
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| 113 | 113 | | The basis for employee contributions to obtain creditable service under this Code section84 |
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| 114 | 114 | | shall be the state salary paid to the member claiming such past service at the time the85 |
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| 115 | 115 | | service was rendered. Such payment must be made not later than July 1, 2003, or within86 |
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| 116 | 116 | | six months of first or again becoming a member, whichever is later."87 |
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| 117 | 117 | | SECTION 6.88 |
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| 118 | 118 | | Said title is further amended in Chapter 4, relating to Public School Employees Retirement89 |
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| 119 | 119 | | System, by revising subsection (e) of Code Section 47-4-104, relating to benefits payable90 23 LC 43 2846 |
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| 120 | 120 | | H. B. 833 |
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| 121 | 121 | | - 5 - |
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| 122 | 122 | | upon the death of a member and refunds to members whose employment has been |
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| 123 | 123 | | 91 |
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| 124 | 124 | | terminated, as follows:92 |
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| 125 | 125 | | "(e) If the employment of a member is terminated either voluntarily or involuntarily at any93 |
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| 126 | 126 | | time prior to his or her |
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| 127 | 127 | | normal retirement date, he such member shall be entitled to a refund94 |
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| 128 | 128 | | of his accumulated contributions to the date of his or her termination. Any such terminated95 |
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| 129 | 129 | | member who withdraws his accumulated contributions and who is subsequently96 |
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| 130 | 130 | | reemployed as a public school employee shall be entitled to reestablish the service credited97 |
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| 131 | 131 | | to him or her at the time of his termination after he or she has been continuously98 |
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| 132 | 132 | | reemployed for a minimum of two years 90 days. In order to reestablish such service, the99 |
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| 133 | 133 | | reemployed member must pay to the board the amount withdrawn from the fund at the time100 |
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| 134 | 134 | | of his previous termination, plus regular interest on such amount from the date of such101 |
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| 135 | 135 | | withdrawal to the date such payment is made to the board."102 |
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| 136 | 136 | | SECTION 7.103 |
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| 137 | 137 | | Said title is further amended in Chapter 23, relating to the Georgia Judicial Retirement104 |
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| 138 | 138 | | System, by revising paragraph (2) of subsection (b) of Code Section 47-23-49, relating to105 |
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| 139 | 139 | | membership for full-time judges of the state-wide business court and creditable service, as106 |
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| 140 | 140 | | follows:107 |
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| 141 | 141 | | "(2) Each individual who becomes a member of this retirement system pursuant to this108 |
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| 142 | 142 | | Code section shall be eligible to transfer his or her creditable service from the Employees'109 |
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| 143 | 143 | | Retirement System of Georgia to this retirement system, provided that he or she notifies110 |
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| 144 | 144 | | the board of such election within one year of obtaining such membership and pays to the111 |
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| 145 | 145 | | retirement system the remaining amount necessary to pay for the full actuarial cost to the112 |
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| 146 | 146 | | retirement system associated with his or her transfer of service. Upon such election and113 |
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| 147 | 147 | | payment, the Employees' Retirement System of Georgia shall transfer to this retirement114 |
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| 148 | 148 | | system all employer and employee contributions paid by or on behalf of him or her115 |
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| 149 | 149 | | together with regular interest thereon, and he or she shall receive service in this116 23 LC 43 2846 |
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| 150 | 150 | | H. B. 833 |
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| 151 | 151 | | - 6 - |
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| 152 | 152 | | retirement system toward vesting only in the full amount of the service he or she rendered |
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| 153 | 153 | | 117 |
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| 154 | 154 | | as an employee while he or she was a member of the Employees' Retirement System of118 |
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| 155 | 155 | | Georgia and for which credit was allowable in such system."119 |
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| 156 | 156 | | SECTION 8.120 |
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| 157 | 157 | | Said title is further amended in said chapter by revising Code Section 47-23-62, relating to121 |
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| 158 | 158 | | obtaining creditable service, obtaining creditable service in other systems, and calculations,122 |
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| 159 | 159 | | as follows:123 |
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| 160 | 160 | | "47-23-62.124 |
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| 161 | 161 | | (a)(1) Any member who became a member on July 1, 1998, and any member who125 |
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| 162 | 162 | | becomes a member after that date may receive creditable service for the number of years126 |
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| 163 | 163 | | he or she contributed to the Employees' Retirement System of Georgia pursuant to Code127 |
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| 164 | 164 | | Section 47-2-262.128 |
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| 165 | 165 | | (2) In order to obtain the creditable service as provided in paragraph (1) of this129 |
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| 166 | 166 | | subsection, the member shall notify the board of directors of this retirement system and130 |
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| 167 | 167 | | the board of trustees of the Employees' Retirement System of Georgia not later than |
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| 168 | 168 | | 131 |
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| 169 | 169 | | December 31, 1998, or within 90 days after first becoming a member of this retirement132 |
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| 170 | 170 | | system, whichever date is later. Upon such notice, the board of trustees of the133 |
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| 171 | 171 | | Employees' Retirement System of Georgia shall verify the amount of allowable time to134 |
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| 172 | 172 | | the board of trustees of this retirement system. If the requesting member has withdrawn135 |
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| 173 | 173 | | his or her contributions from the Employees' Retirement System of Georgia, the board136 |
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| 174 | 174 | | of trustees of such retirement system shall certify the amount of employee contributions137 |
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| 175 | 175 | | and regular interest thereon which had been credited to the member's account, and the138 |
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| 176 | 176 | | member shall within six months after such certification pay such amount to the board of139 |
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| 177 | 177 | | trustees of this retirement system, together with regular interest thereon from the date of140 |
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| 178 | 178 | | withdrawal to the date of payment. If the requesting member has not withdrawn his or141 |
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| 179 | 179 | | her contributions from the Employees' Retirement System of Georgia, the board of142 23 LC 43 2846 |
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| 180 | 180 | | H. B. 833 |
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| 181 | 181 | | - 7 - |
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| 182 | 182 | | trustees of such retirement system shall transfer to the board of trustees of this retirement |
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| 183 | 183 | | 143 |
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| 184 | 184 | | system the employee contributions together with regular interest thereon and shall refund144 |
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| 185 | 185 | | to the member any employee contribution he or she paid to such retirement system for145 |
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| 186 | 186 | | any creditable service not allowed by the retirement system. Upon receipt of such funds,146 |
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| 187 | 187 | | the board of trustees of this retirement system shall credit the member with the number147 |
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| 188 | 188 | | of years of creditable service so authorized.148 |
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| 189 | 189 | | (b)(1) Any member may receive creditable service for the number of years he or she149 |
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| 190 | 190 | | would have contributed to the Employees' Retirement System of Georgia pursuant to150 |
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| 191 | 191 | | Code Section 47-2-262 but for the fact that he or she made the election not to become a151 |
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| 192 | 192 | | member of such retirement system.152 |
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| 193 | 193 | | (2) In order to obtain the creditable service as provided in paragraph (1) of this153 |
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| 194 | 194 | | subsection, the member shall notify the board of directors of this retirement system and154 |
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| 195 | 195 | | the board of trustees of this retirement system not later than December 31, 1998, or |
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| 196 | 196 | | 155 |
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| 197 | 197 | | within 90 days after first becoming a member of this retirement system, whichever date156 |
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| 198 | 198 | | is later, providing such evidence that he or she was eligible for membership in the157 |
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| 199 | 199 | | Employees' Retirement System of Georgia as the board deems necessary. Within six158 |
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| 200 | 200 | | months after After such notification, the member shall pay to the board of trustees of this159 |
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| 201 | 201 | | retirement system the employer and employee contributions which would have been paid160 |
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| 202 | 202 | | by or on behalf of such member if he or she had elected to become a member of the161 |
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| 203 | 203 | | Employees' Retirement System of Georgia, together with regular interest thereon.162 |
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| 204 | 204 | | (c) No creditable service may be obtained pursuant to the provisions of this Code section163 |
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| 205 | 205 | | for any period for which creditable service has or may be obtained in any other state or164 |
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| 206 | 206 | | local public retirement system.165 |
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| 207 | 207 | | (d) No creditable service obtained pursuant to the provisions of this Code section shall be166 |
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| 208 | 208 | | calculated in determining the minimum number of years of creditable service required for167 |
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| 209 | 209 | | retirement pursuant to Article 6 of this chapter."168 23 LC 43 2846 |
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| 210 | 210 | | H. B. 833 |
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| 211 | 211 | | - 8 - |
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| 212 | 212 | | SECTION 9. |
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| 213 | 213 | | 169 |
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| 214 | 214 | | Said title is further amended in said chapter by revising Code Section 47-23-64, relating to170 |
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| 215 | 215 | | transfer of funds from Employees’ Retirement System of Georgia by judges, solicitor171 |
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| 216 | 216 | | general, or district attorneys, and crediting service, as follows:172 |
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| 217 | 217 | | "47-23-64.173 |
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| 218 | 218 | | (a)(1) Any superior court judge, state court judge, solicitor general, or district attorney174 |
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| 219 | 219 | | who was previously an active member of the Employees' Retirement System of Georgia175 |
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| 220 | 220 | | may elect to have all contributions made by or on behalf of such member transferred from176 |
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| 221 | 221 | | such retirement system to this retirement system. Any such member shall notify the177 |
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| 222 | 222 | | board of trustees of each retirement system not later than December 31, 2002, or within |
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| 223 | 223 | | 178 |
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| 224 | 224 | | 90 days after first becoming a member of this retirement system, whichever date is later.179 |
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| 225 | 225 | | (2) If the member subject to this subsection has not withdrawn his or her employee180 |
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| 226 | 226 | | contributions from the Employees' Retirement System of Georgia, then upon receipt of181 |
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| 227 | 227 | | the notice provided for in paragraph (1) of this subsection, the Board of Trustees of the182 |
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| 228 | 228 | | Employees' Retirement System of Georgia shall transfer to the board of trustees of this183 |
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| 229 | 229 | | retirement system all employer and employee contributions paid by or on behalf of the184 |
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| 230 | 230 | | employee, together with regular interest thereon.185 |
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| 231 | 231 | | (3) If the member subject to this subsection has withdrawn his or her employee186 |
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| 232 | 232 | | contributions from the Employees' Retirement System of Georgia, then at the time of187 |
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| 233 | 233 | | giving the notice provided for in paragraph (1) of this subsection, the member shall pay188 |
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| 234 | 234 | | to the board of trustees of this retirement system the total of such contributions, together189 |
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| 235 | 235 | | with regular interest thereon. Upon receipt of such notice and payment of such amount,190 |
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| 236 | 236 | | the Board of Trustees of the Employees' Retirement System of Georgia shall transfer to191 |
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| 237 | 237 | | the board of trustees of this retirement system all employer contributions paid on behalf192 |
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| 238 | 238 | | of the employee, together with regular interest thereon.193 23 LC 43 2846 |
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| 239 | 239 | | H. B. 833 |
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| 240 | 240 | | - 9 - |
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| 241 | 241 | | (4) The member subject to this subsection is authorized, but not required, to pay to the |
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| 242 | 242 | | 194 |
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| 243 | 243 | | board of trustees such funds in addition to the amounts provided in paragraphs (2) and195 |
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| 244 | 244 | | (3) of this subsection as the member desires.196 |
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| 245 | 245 | | (b) Upon receipt of the funds provided for in paragraphs (2), (3), and (4) of subsection (a)197 |
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| 246 | 246 | | of this Code section, the board of trustees of this retirement system shall credit the member198 |
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| 247 | 247 | | with only the number of years of creditable service, not to exceed the actual years of prior199 |
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| 248 | 248 | | service, as the amount so transferred or paid will warrant without creating any accrued200 |
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| 249 | 249 | | liability as to this retirement system, calculated as if the member had either elected or201 |
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| 250 | 250 | | rejected spouse's survivors benefits, at the election of the member.202 |
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| 251 | 251 | | (c) No creditable service may be obtained pursuant to the provisions of this Code section203 |
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| 252 | 252 | | for any period for which creditable service has been or may be obtained in any other state204 |
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| 253 | 253 | | or local public retirement system."205 |
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| 254 | 254 | | SECTION 10.206 |
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| 255 | 255 | | Said title is further amended in said chapter by revising Code Section 47-23-65, relating to207 |
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| 256 | 256 | | creditable service for certain prior service, as follows:208 |
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| 257 | 257 | | "47-23-65.209 |
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| 258 | 258 | | Any superior court judge or district attorney who is an active member of this retirement210 |
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| 259 | 259 | | system may receive up to five years of creditable service for his or her past service as a211 |
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| 260 | 260 | | circuit-paid assistant district attorney who was not eligible to participate in a local212 |
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| 261 | 261 | | retirement plan upon payment to the board of trustees of an amount which will allow such213 |
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| 262 | 262 | | creditable service without creating any accrued actuarial unfunded liability as to this214 |
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| 263 | 263 | | retirement system. Any member desiring such creditable service shall make application215 |
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| 264 | 264 | | to the board of trustees in such form as the board deems appropriate, provide such proof216 |
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| 265 | 265 | | of eligible prior service as the board deems necessary, and make full payment not later than |
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| 266 | 266 | | 217 |
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| 267 | 267 | | December 31, 2008, or within six months of first or again becoming a member, whichever218 |
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| 268 | 268 | | is later. No creditable service shall be allowed under this Code section for any period of219 23 LC 43 2846 |
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| 269 | 269 | | H. B. 833 |
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| 270 | 270 | | - 10 - |
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| 271 | 271 | | employment for which creditable service is allowed under any provision of any other |
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| 272 | 272 | | 220 |
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| 273 | 273 | | retirement or pension system of this state or of any political subdivision of this state."221 |
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| 274 | 274 | | SECTION 11.222 |
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| 275 | 275 | | This Act shall become effective on July 1, 2024, only if it is determined to have been223 |
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| 276 | 276 | | concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia224 |
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| 277 | 277 | | Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not225 |
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| 278 | 278 | | become effective and shall be automatically repealed in its entirety on July 1, 2024, as226 |
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| 279 | 279 | | required by subsection (a) of Code Section 47-20-50.227 |
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| 280 | 280 | | SECTION 12.228 |
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| 281 | 281 | | All laws and parts of laws in conflict with this Act are repealed.229 |
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