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The House Committee on Retirement offers the following substitute to SB 322:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the1
Sheriffs' Retirement Fund of Georgia, so as to provide for an increase in dues; to provide for2
an increase in the sum to be paid for purchasing prior service credit; to increase payments to3
the fund from fees collected in civil actions; to increase the benefit payable upon the death4
of certain members of the fund; to prohibit under certain circumstances payments from the5
retirement system for any sheriff convicted of a felony related to his or her employment with6
or for the sheriff's office; to provide for the forfeit of accumulated contributions; to provide7
for inapplicability and determinations by the Department of Law; to provide for related8
matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting9
laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs'13
Retirement Fund of Georgia, is amended by revising Code Section 47-16-40, relating to14
application for membership in the fund, contents of application, and claim for credit for prior15
service, as follows:16
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"47-16-40.17
In order to become a member of the Sheriffs' Retirement Fund of Georgia, an applicant18
must meet the following requirements:19
(1) He or she must be a duly qualified and commissioned sheriff of a county of the State20
of Georgia, serving as sheriff of the superior court of that county at the time he or she21
files his or her application;22
(2) He or she must file his or her application for membership with the secretary-treasurer23
within one year from the date he or she begins service as a sheriff or within the time24
limits set forth in Code Section 47-16-41;25
(3) He or she must set out in the application for membership his or her correct date of26
birth;27
(4) He or she must list in his or her application for membership all periods of prior28
service, including credit under Code Section 47-16-80 for services in the armed forces29
of the United States or as a peace officer, for which service he or she intends to ask credit30
as basis for his or her future retirement, or shall forever be barred from claiming credit31
for services not so listed;32
(5) The member must tender with the application, within 12 months from the date of that33
application, or at such other time as the board may provide, a sum equal to the total of34
$37.50 $65.00 per month for credit claimed by the member under paragraph (4) of this35
Code section for past service from and including January 1, 1961, to the date of36
application; or if such amount is not paid by the due date, the member shall be37
conclusively deemed to have waived his or her claim or right for credit for such period38
of time; or39
(6) He or she must also furnish to the board such other information and proof of pertinent40
facts set out in the application for membership or relative to it as may be required by the41
board; and failure to do so shall constitute grounds for denial of the application for42
membership by the board."43
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SECTION 2.44
Said chapter is further amended by revising Code Section 47-16-43, relating to requirements45
for continued active membership in the fund, as follows:46
"47-16-43.47
In order to retain active membership in the fund, each member must:48
(1) Continue serving as a sheriff;49
(2) Pay to the secretary-treasurer membership dues of $45.00 $65.00 per month. Such50
payment shall be due on or before the tenth day of the following month until the member51
has made such payments for a total of 30 years; and52
(3) Comply with all other mandatory provisions of this chapter and all rules and53
regulations promulgated by the board."54
SECTION 3.55
Said chapter is further amended by revising Code Section 47-16-60, relating to payments to56
fund from fines and bonds collected in criminal and quasi-criminal cases, duty of collecting57
authority to record and remit, and penalty for late payment, as follows:58
"47-16-60.59
(a) The sum of $2.00 shall be allocated to the board from each fine collected and each60
bond forfeited and collected in any criminal or quasi-criminal case for violation of state61
law, including traffic laws, which case is before any court of this state in which a sheriff62
of a superior court or a duly authorized deputy of such sheriff acts as sheriff to such court63
by virtue of his or her office, provided that such fine or bond, which shall be construed to64
include costs, is at least $5.00. The clerk or other collecting authority for the court in65
which the fine or bond is collected shall pay such amounts to the secretary-treasurer each66
quarter or at such other times as the board may provide. These sums shall be paid to the67
secretary-treasurer before the payment of any costs or any claim whatsoever against such68
fine or forfeiture, provided that this shall not be construed to repeal any existing priorities69
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established under the laws of this state. It shall be the duty of the clerk or other collecting70
authority for each court to keep accurate records of the amounts due to the board and to71
remit the amounts due promptly. Such records may be audited by the board at any time. 72
The sums remitted to the board under this Code section shall be used only for the purposes73
provided for in this chapter.74
(b) If the person or authority whose duty it is to collect and remit moneys to the75
secretary-treasurer under subsection (a) of this Code section shall fail to remit such moneys76
within 60 days of the date on which such remittal is due, such moneys shall be delinquent;77
and there shall be imposed, in addition to the principal amount due, a specific penalty in78
the amount of 5 percent of the principal amount per month for each month during which79
the moneys continue to be delinquent, provided that such penalty shall not exceed a total80
of 25 percent of the principal due. In addition to such penalty, interest shall be charged on81
the delinquent moneys at the rate of 6 percent per annum from the date such moneys82
become delinquent until they are paid. All moneys due on or before May 1, 1968, and not83
paid shall be delinquent after the expiration of 60 days from that date. By affirmative vote84
of all the members, the board, upon the payment of the delinquent moneys together with85
interest and for good cause shown, may waive the specific penalty otherwise charged under86
this subsection."87
SECTION 4.88
Said chapter is further amended by revising subsections (a) and (b) of Code Section89
47-16-61, relating to payments to fund from fees collected in civil actions, duty to record and90
remit sums collected, and penalties on delinquent amounts, as follows:91
"(a) In addition to all other legal costs, the sum of $1.00 $2.50 shall be charged and92
collected in each civil action, case, or proceeding, including, without limiting the generality93
of the foregoing, all adoptions, charters, petitions for review, applications by personal94
representative for leave to sell or invest, trade name registrations, applications for change95
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of name, and all other proceedings of a civil nature filed in the superior courts. The clerks96
of the superior courts shall collect such fees, and the fees so collected shall be remitted to97
the board quarterly or at such other time as the board may provide. It shall be the duty of98
the clerks of the superior courts to keep accurate records of the amounts due the board99
under this subsection, and such records may be audited by the board at any time. The sums100
remitted to the board under this subsection shall be used only for the purposes provided for101
in this chapter.102
(b) In addition to all other legal costs, the sum of $1.00 $2.50 shall be charged and103
collected in each civil action, case, or proceeding, including, without limiting the generality104
of the foregoing, all adoptions, charters, petitions for review, applications by personal105
representative for leave to sell or invest, trade name registrations, applications for change106
of name, and all other proceedings of a civil nature filed in the state courts and magistrate107
courts of this state in which the sheriff of the superior court also fulfills the function as108
sheriff of such inferior court. The clerks of such state courts and magistrate courts shall109
collect such fees, and the fees so collected shall be remitted to the board quarterly or at110
such other time as the board may provide. It shall be the duty of the clerks of such state111
courts and magistrate courts to keep accurate records of the amounts due the board under112
this subsection, and such records may be audited by the board at any time. The sums113
remitted to the board under this subsection shall be used only for the purposes provided for114
in this chapter."115
SECTION 5.116
Said chapter is further amended by revising Code Section 47-16-102, relating to death117
benefits, beneficiaries, and procedure for designation of beneficiary to receive such benefits,118
as follows:119
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"47-16-102.120
In addition to the retirement benefits provided in this chapter, death benefits shall be paid121
to members in accordance with the following:122
(1) If any member of this fund dies before retirement, whether such member is active or123
inactive, an amount equal to the total amount which has been paid by such member into124
the fund as dues shall be paid, without interest, to such member's surviving spouse, if any,125
to such member's named beneficiary, if any, or to such member's estate, in that order. If126
any member dies after retirement without having received an amount equal in benefits127
to the total amount which he or she has paid into the fund as dues, the difference, without128
interest, shall be paid to his or her surviving spouse, if any, to his or her named129
beneficiary, if any, or to such member's estate, in that order;130
(2) In addition to the death benefits provided in paragraph (1) of this Code section, upon131
the death of any inactive member who would otherwise qualify to be carried upon the132
active membership rolls but for the fact that the member no longer holds the office of133
sheriff, any member who is receiving retirement benefits, or any member who is134
otherwise qualified to receive retirement benefits from this fund except that the member135
has not reached the age of 55 years or has not filed an application or has not been136
approved for retirement benefits, the sum of $15,000.00 $30,000.00 shall be paid as137
additional death benefits to the surviving spouse of such member, if any, to the member's138
named beneficiary, if any, or to the member's estate, in that order. Upon the death of any139
active member, the sum of $15,000.00 $30,000.00 shall be paid as additional death140
benefits to the surviving spouse of such member, if any, to the member's named141
beneficiary, if any, or to the member's estate, in that order;142
(3) At the time any member submits his or her application for membership in this fund,143
at the time any member submits his or her application for retirement benefits, and from144
time to time any member of this fund, whether carried on the active or inactive rolls of145
this fund, and any person who is receiving retirement benefits from this fund shall be146
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afforded the opportunity to name a designated beneficiary to receive the death benefits147
provided for in this Code section; provided, however, that such named beneficiary shall148
be entitled to receive such death benefits only in the event such member or person does149
not leave surviving a spouse at the time of his or her death. The procedure by which a150
member or person receiving retirement benefits names a beneficiary to receive the death151
benefits provided for in this Code section shall be determined and established by the152
board, which shall have authority to establish forms and procedures for payment of the153
death benefits; and154
(4) Upon the death of an active member before or after the retirement of such member,155
the surviving spouse of such member shall receive death benefits in the form of an156
annuity for the life of such spouse, such annuity to be determined and paid under157
paragraph (2) of subsection (a), subsection (b), and subsection (c) of Code Section158
47-16-101 to the same extent as if such member had died while receiving retirement159
benefits under Option Two; and in the case of the death of an active member who is not160
already receiving retirement benefits, such annuity shall be determined and based upon161
the period of creditable service which such member has at the time of his or her death. 162
Such benefit shall be in addition to benefits under paragraph (2) of this Code section, and163
in lieu of benefits under paragraph (1) of this Code section."164
SECTION 6.165
Said chapter is further amended by adding a new Code section to read as follows:166
"47-16-104.167
(a) For individuals who first or again become members of this retirement system on or168
after July 1, 2024, if any member of this retirement system is convicted in any state or169
federal court of a felony that is related, in any way, to his or her employment with or for170
a sheriff's office in this state, he or she shall be subject to the provisions of subsections (b)171
and (c) of this Code section.172
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(b)(1) Upon any such conviction described in subsection (a) of this Code section, all173
benefits payable from this retirement system on account of such member shall174
immediately cease.175
(2) If such a conviction of a member of this retirement system is overturned on appeal176
or otherwise vacated, such benefit payments shall resume and any back payments shall177
be payable with interest at a market rate to be determined by the board.178
(3) If such conviction stands, after all possible appeals related to the member's conviction179
have been exhausted, all contributions to the fund made by or on behalf of such member,180
including any interest thereon, shall be forfeited to the fund. Any such individual shall181
no longer be a member of the fund and shall be prohibited from any future membership182
in the fund.183
(c) The provisions of this Code section shall not supersede the provisions of Article 2 of184
Chapter 1 of this title. Each member shall be subject to the provisions of this Code section185
in lieu of said article only in the event the Department of Law determines that the186
provisions of Article 2 of Chapter 1 of this title are inapplicable or that the provisions of187
this Code section apply in a manner that is more punitive than those provided for in said188
article."189
SECTION 7.190
This Act shall become effective on July 1, 2024, only if it is determined to have been191
concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia192
Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not193
become effective and shall be automatically repealed in its entirety on July 1, 2024, as194
required by subsection (a) of Code Section 47-20-50.195
SECTION 8.196
All laws and parts of laws in conflict with this Act are repealed.197
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