23 LC 43 2846
H. B. 833
- 1 -
House Bill 833
By: Representatives Carson of the 46
th
, Crowe of the 118
th
, Lumsden of the 12
th
, Hitchens
of the 161
st
, and Corbett of the 174
th
A BILL TO BE ENTITLED
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and
1
pensions, so as to reduce certain waiting periods and application deadlines for the2
establishment or reestablishment of creditable service in the Employees' Retirement System3
of Georgia and the Public School Employees Retirement System; to provide for related4
matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting5
laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is9
amended in Chapter 2, relating to the Employees' Retirement System of Georgia, by revising10
Code Section 47-2-92, relating to reestablishment of service credit after withdrawal of11
accumulated contributions from this retirement system or the Teachers Retirement System12
of Georgia and payments required to obtain credit, as follows:13
"47-2-92.14
Any present member who has withdrawn accumulated contributions from either the15
Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia,16 23 LC 43 2846
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or both, may, after two years 90 days of service as a contributing member, reestablish the17
creditable service for which the member would have been eligible if the accumulated18
contributions had not been withdrawn, provided that the member repays into the retirement19
system an amount equal to the amount withdrawn, together with regular interest at the rate20
of 4 1/4 percent per annum from the date of withdrawal to the date of repayment, which21
contributions and interest shall be placed in the participant's individual account in the22
annuity savings fund. Upon receipt of notice from this retirement system to the Teachers23
Retirement System of Georgia that a member has repaid to this retirement system24
contributions previously withdrawn from the Teachers Retirement System of Georgia, the25
Teachers Retirement System of Georgia shall pay an employer contribution plus regular26
interest into the Employees' Retirement System of Georgia. The amount of the employer27
contribution shall be 6 percent of the reported compensation of the member during28
membership in the Teachers Retirement System of Georgia."29
SECTION 2.30
Said title is further amended in said chapter by revising Code Section 47-2-94, relating to31
service credit provided for persons whose membership was terminated for failure to render32
at least one year of service in a five-year period, as follows:33
"47-2-94.34
Any current member whose membership has previously been terminated because that35
member rendered less than one year of service in a period of five consecutive years and36
who has never withdrawn the contributions he or she made during such previous37
membership shall receive credit, after one year 90 days of active service as a contributing38
member, for the creditable service accumulated under the previous membership."39 23 LC 43 2846
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SECTION 3.
40
Said title is further amended in said chapter by revising subsection (b) of Code Section41
47-2-101, relating to creditable service in the Employees' Retirement System of Georgia for42
prior service as member of the Georgia Defined Contribution Plan, as follows:43
"(b) To obtain the creditable service established by subsection (a) of this Code section, a44
member shall:45
(1) Accrue at least five years
90 days of membership in this retirement system;46
(2) Apply to the board of trustees while a contributing member of the retirement system47
in a manner to be prescribed by the board of trustees;48
(3) Provide proof of such prior service as a Georgia Defined Contribution Plan member49
as the board of trustees deems necessary;50
(4) Authorize the transfer of all funds from his or her Georgia Defined Contribution Plan51
account related to the prior service for which creditable service is sought; and52
(5) Pay to the board of trustees an amount determined by the board of trustees to be53
sufficient to cover the full actuarial cost of granting the creditable service allowed by this54
Code section after accounting for any transfer under paragraph (4) of this subsection."55
SECTION 4.56
Said title is further amended in said chapter by revising subsection (b) of Code57
Section 47-2-226, relating to certain law enforcement officers permitted to obtain creditable58
service in retirement system under certain conditions, "law enforcement officer" defined, and59
payment of full actuarial value to applicant, as follows:60
"(b) Any law enforcement officer who, prior to becoming a member of this retirement61
system, was employed by a local government in this state as a full-time employee, in a62
position in which he or she was vested with authority to enforce the criminal or traffic laws63
and with the power of arrest and whose duties include the preservation of public order, the64
protection of life and property, or the prevention, detection, or investigation of crime, shall65 23 LC 43 2846
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be eligible to obtain creditable service under this Code section for his or her years of
66
service in such capacity if:67
(1) The member is not eligible to receive a present or future benefit from a defined68
benefit or defined contribution retirement or pension plan in which said member69
participated while employed by the local governing authority other than membership in70
the Peace Officers' Annuity and Benefit Fund; and71
(2) The member has been a member of the retirement system for at least ten years
72
90 days."73
SECTION 5.74
Said title is further amended in said chapter by revising subsection (c) of Code Section75
47-2-263, relating to credit for certain past service as an assistant district attorney or76
employee of the Prosecuting Attorneys’ Council, payment of employee contributions, and77
credit for service as full-time law assistant, as follows:78
"(c) Any member who is subject to Code Section 47-2-262 may receive up to four years79
of creditable service under this chapter for past service as a full-time law assistant for a80
judicial circuit employed pursuant to the provisions of Code Section 15-6-28 upon payment81
to the board of trustees of such amount as determined by the actuary as necessary to grant82
such benefit without creating any accrued actuarial liability as to this retirement system.83
The basis for employee contributions to obtain creditable service under this Code section84
shall be the state salary paid to the member claiming such past service at the time the85
service was rendered. Such payment must be made not later than July 1, 2003, or within86
six months of first or again becoming a member, whichever is later."87
SECTION 6.88
Said title is further amended in Chapter 4, relating to Public School Employees Retirement89
System, by revising subsection (e) of Code Section 47-4-104, relating to benefits payable90 23 LC 43 2846
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upon the death of a member and refunds to members whose employment has been
91
terminated, as follows:92
"(e) If the employment of a member is terminated either voluntarily or involuntarily at any93
time prior to his or her
normal retirement date, he such member shall be entitled to a refund94
of his accumulated contributions to the date of his or her termination. Any such terminated95
member who withdraws his accumulated contributions and who is subsequently96
reemployed as a public school employee shall be entitled to reestablish the service credited97
to him or her at the time of his termination after he or she has been continuously98
reemployed for a minimum of two years 90 days. In order to reestablish such service, the99
reemployed member must pay to the board the amount withdrawn from the fund at the time100
of his previous termination, plus regular interest on such amount from the date of such101
withdrawal to the date such payment is made to the board."102
SECTION 7.103
Said title is further amended in Chapter 23, relating to the Georgia Judicial Retirement104
System, by revising paragraph (2) of subsection (b) of Code Section 47-23-49, relating to105
membership for full-time judges of the state-wide business court and creditable service, as106
follows:107
"(2) Each individual who becomes a member of this retirement system pursuant to this108
Code section shall be eligible to transfer his or her creditable service from the Employees'109
Retirement System of Georgia to this retirement system, provided that he or she notifies110
the board of such election within one year of obtaining such membership and pays to the111
retirement system the remaining amount necessary to pay for the full actuarial cost to the112
retirement system associated with his or her transfer of service. Upon such election and113
payment, the Employees' Retirement System of Georgia shall transfer to this retirement114
system all employer and employee contributions paid by or on behalf of him or her115
together with regular interest thereon, and he or she shall receive service in this116 23 LC 43 2846
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retirement system toward vesting only in the full amount of the service he or she rendered
117
as an employee while he or she was a member of the Employees' Retirement System of118
Georgia and for which credit was allowable in such system."119
SECTION 8.120
Said title is further amended in said chapter by revising Code Section 47-23-62, relating to121
obtaining creditable service, obtaining creditable service in other systems, and calculations,122
as follows:123
"47-23-62.124
(a)(1) Any member who became a member on July 1, 1998, and any member who125
becomes a member after that date may receive creditable service for the number of years126
he or she contributed to the Employees' Retirement System of Georgia pursuant to Code127
Section 47-2-262.128
(2) In order to obtain the creditable service as provided in paragraph (1) of this129
subsection, the member shall notify the board of directors of this retirement system and130
the board of trustees of the Employees' Retirement System of Georgia not later than
131
December 31, 1998, or within 90 days after first becoming a member of this retirement132
system, whichever date is later. Upon such notice, the board of trustees of the133
Employees' Retirement System of Georgia shall verify the amount of allowable time to134
the board of trustees of this retirement system. If the requesting member has withdrawn135
his or her contributions from the Employees' Retirement System of Georgia, the board136
of trustees of such retirement system shall certify the amount of employee contributions137
and regular interest thereon which had been credited to the member's account, and the138
member shall within six months after such certification pay such amount to the board of139
trustees of this retirement system, together with regular interest thereon from the date of140
withdrawal to the date of payment. If the requesting member has not withdrawn his or141
her contributions from the Employees' Retirement System of Georgia, the board of142 23 LC 43 2846
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trustees of such retirement system shall transfer to the board of trustees of this retirement
143
system the employee contributions together with regular interest thereon and shall refund144
to the member any employee contribution he or she paid to such retirement system for145
any creditable service not allowed by the retirement system. Upon receipt of such funds,146
the board of trustees of this retirement system shall credit the member with the number147
of years of creditable service so authorized.148
(b)(1) Any member may receive creditable service for the number of years he or she149
would have contributed to the Employees' Retirement System of Georgia pursuant to150
Code Section 47-2-262 but for the fact that he or she made the election not to become a151
member of such retirement system.152
(2) In order to obtain the creditable service as provided in paragraph (1) of this153
subsection, the member shall notify the board of directors of this retirement system and154
the board of trustees of this retirement system not later than December 31, 1998, or
155
within 90 days after first becoming a member of this retirement system, whichever date156
is later, providing such evidence that he or she was eligible for membership in the157
Employees' Retirement System of Georgia as the board deems necessary. Within six158
months after After such notification, the member shall pay to the board of trustees of this159
retirement system the employer and employee contributions which would have been paid160
by or on behalf of such member if he or she had elected to become a member of the161
Employees' Retirement System of Georgia, together with regular interest thereon.162
(c) No creditable service may be obtained pursuant to the provisions of this Code section163
for any period for which creditable service has or may be obtained in any other state or164
local public retirement system.165
(d) No creditable service obtained pursuant to the provisions of this Code section shall be166
calculated in determining the minimum number of years of creditable service required for167
retirement pursuant to Article 6 of this chapter."168 23 LC 43 2846
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SECTION 9.
169
Said title is further amended in said chapter by revising Code Section 47-23-64, relating to170
transfer of funds from Employees’ Retirement System of Georgia by judges, solicitor171
general, or district attorneys, and crediting service, as follows:172
"47-23-64.173
(a)(1) Any superior court judge, state court judge, solicitor general, or district attorney174
who was previously an active member of the Employees' Retirement System of Georgia175
may elect to have all contributions made by or on behalf of such member transferred from176
such retirement system to this retirement system. Any such member shall notify the177
board of trustees of each retirement system not later than December 31, 2002, or within
178
90 days after first becoming a member of this retirement system, whichever date is later.179
(2) If the member subject to this subsection has not withdrawn his or her employee180
contributions from the Employees' Retirement System of Georgia, then upon receipt of181
the notice provided for in paragraph (1) of this subsection, the Board of Trustees of the182
Employees' Retirement System of Georgia shall transfer to the board of trustees of this183
retirement system all employer and employee contributions paid by or on behalf of the184
employee, together with regular interest thereon.185
(3) If the member subject to this subsection has withdrawn his or her employee186
contributions from the Employees' Retirement System of Georgia, then at the time of187
giving the notice provided for in paragraph (1) of this subsection, the member shall pay188
to the board of trustees of this retirement system the total of such contributions, together189
with regular interest thereon. Upon receipt of such notice and payment of such amount,190
the Board of Trustees of the Employees' Retirement System of Georgia shall transfer to191
the board of trustees of this retirement system all employer contributions paid on behalf192
of the employee, together with regular interest thereon.193 23 LC 43 2846
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(4) The member subject to this subsection is authorized, but not required, to pay to the
194
board of trustees such funds in addition to the amounts provided in paragraphs (2) and195
(3) of this subsection as the member desires.196
(b) Upon receipt of the funds provided for in paragraphs (2), (3), and (4) of subsection (a)197
of this Code section, the board of trustees of this retirement system shall credit the member198
with only the number of years of creditable service, not to exceed the actual years of prior199
service, as the amount so transferred or paid will warrant without creating any accrued200
liability as to this retirement system, calculated as if the member had either elected or201
rejected spouse's survivors benefits, at the election of the member.202
(c) No creditable service may be obtained pursuant to the provisions of this Code section203
for any period for which creditable service has been or may be obtained in any other state204
or local public retirement system."205
SECTION 10.206
Said title is further amended in said chapter by revising Code Section 47-23-65, relating to207
creditable service for certain prior service, as follows:208
"47-23-65.209
Any superior court judge or district attorney who is an active member of this retirement210
system may receive up to five years of creditable service for his or her past service as a211
circuit-paid assistant district attorney who was not eligible to participate in a local212
retirement plan upon payment to the board of trustees of an amount which will allow such213
creditable service without creating any accrued actuarial unfunded liability as to this214
retirement system. Any member desiring such creditable service shall make application215
to the board of trustees in such form as the board deems appropriate, provide such proof216
of eligible prior service as the board deems necessary, and make full payment not later than
217
December 31, 2008, or within six months of first or again becoming a member, whichever218
is later. No creditable service shall be allowed under this Code section for any period of219 23 LC 43 2846
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employment for which creditable service is allowed under any provision of any other
220
retirement or pension system of this state or of any political subdivision of this state."221
SECTION 11.222
This Act shall become effective on July 1, 2024, only if it is determined to have been223
concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia224
Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not225
become effective and shall be automatically repealed in its entirety on July 1, 2024, as226
required by subsection (a) of Code Section 47-20-50.227
SECTION 12.228
All laws and parts of laws in conflict with this Act are repealed.229