Georgia 2023-2024 Regular Session

Georgia Senate Bill SB328 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		24 LC 56 0178S
2		-	Senate Bill 328
3		-	By: Senators Albers of the 56th and Robertson of the 29th
4		-	AS PASSED
	2	+	The House Committee on Retirement offers the following substitute to SB 328:
5	3		A BILL TO BE ENTITLED
6	4		AN ACT
7		-	To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and
8		-	1
	5	+	To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and1
9	6		pensions, so as to revise many provisions of the Peace Officers' Annuity and Benefit Fund;2
10	7		to revise provisions related to eligibility and full-time employment; to revise provisions3
11	8		related to the appointment, terms of office, and duties of the board of trustees; to change the4
12	9		title for the secretary-treasurer to executive director; to increase monthly dues; to revise5
13	10		procedures for delinquent dues; to change certain aspects for purchases of creditable service;6
14	11		to change payments from monthly to annual; to allow benefits prior to termination of7
15	12		employment; to revise benefit calculations; to provide for the refund of contributions; to8
16	13		provide for related matters; to provide for conditions for an effective date and automatic9
17	14		repeal; to repeal conflicting laws; and for other purposes.10
18	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
19	16		SECTION 1.12
20	17		Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is13
21	18		amended by revising Chapter 17, relating to the Peace Officers' Annuity and Benefit Fund,14
22	19		as follows:15
23		-	S. B. 328
	20	+	S. B. 328 (SUB)
24	21		- 1 - 24 LC 56 0178S
25		-	"CHAPTER 17
26		-	16
	22	+	"CHAPTER 1716
27	23		ARTICLE 117
28	24		47-17-1.18
29	25		As used in this chapter, the term:19
30	26		(1) 'Board' means the Board of Commissioners of the Peace Officers' Annuity and20
31	27		Benefit Fund.21
32	28		(1.1) 'Creditable service' means approved prior service plus membership service.22
33		-	(1.2) 'Full time' means regularly working a minimum of 30 hours per week or 120 hours
34		-	23
	29	+	(1.2) 'Full time' means regularly working a minimum of 30 hours per week or 120 hours23
35	30		per 28 day period for a law enforcement unit or communications center.24
36	31		(2) 'Fund' means the Peace Officers' Annuity and Benefit Fund.25
37	32		(3) 'Income' means any and all income received by a peace officer for services rendered,26
38	33		whether such income is in the form of salary, fees, subsistence allowance or other type27
39	34		of allowance, or any combination thereof.28
40	35		(4) 'Member' means a member of the Peace Officers' Annuity and Benefit Fund.29
41	36		(4.1) 'Membership service' means service which is rendered by an employee while he or30
42	37		she is a member of the fund and for which credit is allowable under this chapter.31
43	38		(5) 'Peace officer' means:32
44	39		(A) Any person who is employed full time by an enforcement unit or communications33
45	40		center, agency, or department of the state or any municipality, county, or other political34
46	41		subdivision thereof, recognized by the Georgia Peace Officer Standards and Training35
47	42		Council, who is required by the terms of such person's employment to comply with the36
48	43		requirements of the 'Georgia Peace Officer Standards and Training Act' contained in37
49	44		Chapter 8 of Title 35, and who has satisfactorily completed one or more of the38
50	45		following basic training courses approved by the POST Council:39
51	46		(i) Law enforcement;40
52	47		(ii) Communications officer;41
53		-	S. B. 328
	48	+	S. B. 328 (SUB)
54	49		- 2 - 24 LC 56 0178S
55	50		(iii) Correctional officer;42
56	51		(iv) Probate/Parole officer;43
57	52		(v) Jail officer; or44
58	53		(vi) Juvenile correctional officer;45
59	54		(B) All employees of the Peace Officers Annuity and Benefit Fund who are required46
60	55		by the terms of their employment to devote their full time to such job; and47
61	56		(C) Any person who was a member of the fund pursuant to the definitions contained48
62	57		in subparagraphs (A) and (B) of this paragraph and who is subsequently promoted to49
63	58		a position of similar duties but broader supervisory duties, if such person's new position50
64	59		requires him or her to comply with the standards contained in Chapter 8 of Title 35, the51
65	60		'Georgia Peace Officers Standards and Training Act.'52
66	61		(A) Any peace officer who is employed by this state or any municipality, county, or53
67	62		other political subdivision thereof who is required by the terms of such peace officer's54
68	63		employment, whether by election or appointment, to give such peace officer's full time55
69	64		to the preservation of public order, the protection of life and property, or the detection56
70	65		of crime in this state or any municipality, county, or other political subdivision thereof57
71	66		and who is required by the terms of such peace officer's employment to comply with58
72	67		the requirements of the 'Georgia Peace Officer Standards and Training Act' contained59
73	68		in Chapter 8 of Title 35, provided that, for the purposes of this chapter, any deputy60
74	69		sheriff employed as such by a sheriff of this state shall be deemed to be employed by61
75	70		the county in which such sheriff serves;62
76	71		(B) Any warden or correction officer of state or county correctional institutions and63
77	72		any warden or correction officer of municipal correctional institutions of a municipality64
78	73		having a population of 70,000 or more according to the United States decennial census65
79	74		of 1970 or any future such census who is required by the terms of his or her66
80	75		employment as such warden or correction officer to give his or her full time to his or67
81	76		her job as such warden or correction officer; and any warden or correction officer of a68
82		-	S. B. 328
	77	+	S. B. 328 (SUB)
83	78		- 3 - 24 LC 56 0178S
84	79		municipal correctional institution who on or before October 1, 1962, pays dues for prior69
85	80		service shall be deemed to have been a member for such periods and shall be entitled70
86	81		to all the rights and benefits to which other members during such periods are entitled,71
87	82		provided that any such warden or correction officer as provided in this subparagraph72
88	83		is required by the terms of his or her employment to comply with the requirements of73
89	84		the 'Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title74
90	85		35;75
91	86		(C) All employees of the Peace Officers' Annuity and Benefit Fund who are required76
92	87		by the terms of their employment to devote their full time to such job; and any such77
93	88		full-time employee who on or before October 1, 1962, paid dues for prior service shall78
94	89		be deemed to have been a member for such periods and shall be entitled to all the rights79
95	90		and benefits to which other members are entitled;80
96	91		(D) Any parole officers who are required by the terms of their employment to devote81
97	92		full time to their job;82
98	93		(E) Any law enforcement employee of the Alcohol and Tobacco Tax Unit of the83
99	94		Department of Revenue who is required by the terms of his or her employment to84
100	95		devote his or her full time to his or her job as a law enforcer, and any supervisor of such85
101	96		employees who, himself or herself, is assigned to the Alcohol and Tobacco Tax Unit86
102	97		and who is required by the terms of his or her employment to have arrest powers and87
103	98		to enforce the alcohol and tobacco tax laws;88
104	99		(F) Any person employed by the Department of Transportation who is designated by89
105	100		the commissioner of transportation as an enforcement officer pursuant to Code Section90
106	101		32-6-29, provided that such enforcement officers shall be entitled to creditable service91
107	102		toward retirement only for membership service rendered after April 5, 1978, and only92
108	103		for membership service which is rendered in such capacity prior to July 1, 2001;93
109	104		(G) Any full-time identification technician or identification supervisor employed by94
110	105		this state, or any subdivision or municipality thereof, whose duties include the95
111		-	S. B. 328
	106	+	S. B. 328 (SUB)
112	107		- 4 - 24 LC 56 0178S
113	108		investigation and detection of crime or whose duties are supervisory over those96
114	109		identification technicians whose duties include the investigation and detection of crime97
115	110		in this state, and who has been considered a member of the Peace Officers' Annuity and98
116	111		Benefit Fund, and paid dues thereto, at any time on or before July 1, 1981; and such99
117	112		identification technicians and identification supervisors shall be deemed to have been100
118	113		members for such prior period of service that dues were paid and shall be entitled to all101
119	114		rights and benefits to which other members are entitled;102
120	115		(H) Reserved;103
121	116		(I) Persons in the categories listed below who are required, as a condition necessary to104
122	117		carry out their duties, to be certified as peace officers pursuant to the provisions of105
123	118		Chapter 8 of Title 35, known as the 'Georgia Peace Officer Standards and Training Act':106
124	119		(i) Persons employed by the Department of Juvenile Justice who have been107
125	120		designated by the commissioner of juvenile justice to investigate and apprehend108
126	121		delinquent children or children in need of services who have escaped from an109
127	122		institution or facility or have broken their conditions of supervision; any employee of110
128	123		the Department of Juvenile Justice whose full-time duties include the preservation of111
129	124		public order, the protection of life and property, the detection of crime, or the112
130	125		supervision of delinquent children or children in need of services in its institutions,113
131	126		facilities, or programs or who is a line supervisor of any such employee, provided that114
132	127		the powers of a peace officer have been conferred upon such person pursuant to115
133	128		Chapter 4A of Title 49;116
134	129		(ii) Narcotics agents retained by the director of the Georgia Bureau of Investigation117
135	130		pursuant to the provisions of Code Section 35-3-9;118
136	131		(iii) Investigators employed by the Secretary of State as securities investigators119
137	132		pursuant to the provisions of Code Section 10-5-10;120
138	133		(iv) Investigators employed by the Secretary of State as investigators for the121
139	134		professional licensing boards pursuant to the provisions of Code Section 43-1-5;122
140		-	S. B. 328
	135	+	S. B. 328 (SUB)
141	136		- 5 - 24 LC 56 0178S
142	137		(v) Persons employed by the Department of Driver Services to whom the123
143	138		commissioner of driver services has delegated law enforcement powers; provided,124
144	139		however, that no such person shall be entitled to obtain any prior creditable service125
145	140		other than actual membership service;126
146	141		(vi) Persons employed by the Georgia Composite Medical Board as investigators127
147	142		pursuant to subsection (e) of Code Section 43-34-6; and128
148	143		(vii) Persons employed by the Georgia Board of Dentistry as investigators pursuant129
149	144		to subsection (d) of Code Section 43-11-2.1;130
150	145		(J) Any person who was a member of the fund pursuant to the definitions contained in131
151	146		subparagraphs (A) through (I) of this paragraph and who is subsequently promoted to132
152	147		a position of similar duties but broader supervisory duties, if such person's new position133
153	148		requires him or her to comply with the standards contained in Chapter 8 of Title 35, the134
154	149		'Georgia Peace Officer Standards and Training Act,' and such person retains his or her135
155	150		powers of arrest;136
156	151		(K) Any employee of the Department of Corrections whose full-time duties include the137
157	152		preservation of public order, the protection of life and property, the detection of crime,138
158	153		or the supervision of inmates and detainees or who is a line supervisor of any such139
159	154		employee, provided that all such persons are required to comply with the requirements140
160	155		of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' in141
161	156		order to hold their positions and in addition have been conferred with the powers of a142
162	157		police officer pursuant to Code Section 42-5-35;143
163	158		(L) Each jail officer, as such term is defined in the Code Section 35-8-2, who is144
164	159		certified by the Georgia Peace Officer Standards and Training Council and who145
165	160		maintains compliance with Chapter 8 of Title 35, the 'Georgia Peace Officer Standards146
166	161		and Training Act'; and147
167		-	S. B. 328
	162	+	S. B. 328 (SUB)
168	163		- 6 - 24 LC 56 0178S
169	164		(M) Each communications officer, as such term is defined in Code Section 35-8-23,148
170	165		who is certified or maintains compliance with rules and regulations prescribed by the149
171	166		Georgia Peace Officer Standards and Training Council with respect to such position.150
172	167		(6) 'Service,' as used to determine the amount of annuities or benefits due any beneficiary151
173	168		under this chapter, means the total number of years in the aggregate actually served by152
174	169		a peace officer, computed from the date such peace officer began his service as a peace153
175	170		officer.154
176	171		ARTICLE 2155
177	172		47-17-20.156
178	173		(a) In order to carry out this chapter and to perform the duties fixed in it, there is created157
179	174		the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund. The board158
180	175		shall be composed of six members, as follows:159
181	176		(1) The Governor or the Governor's designee;160
182	177		(2) An appointee of the Governor who is not the Attorney General;161
183	178		(3) The Commissioner of Insurance or the Commissioner's designee;162
184	179		(4) A peace officer actively employed by an agency of the state or a retired peace officer163
185	180		who was employed by an agency of the state upon retirement;164
186	181		(5) A peace officer actively employed by a county or a retired peace officer who was165
187	182		employed by a county upon retirement; and166
188	183		(6) A peace officer actively employed by a municipality or a retired peace officer who167
189	184		was employed by a municipality upon retirement.168
190	185		(b) Each of the members provided for under paragraphs (4), (5), and (6) of subsection (a)169
191	186		of this Code section shall be an active member of the fund or a retired peace officer who170
192	187		is a beneficiary of the fund. Each such member Members shall be appointed by the171
193	188		Governor to staggered three-year terms. take office on July 1, 1984. The initial member172
194		-	S. B. 328
	189	+	S. B. 328 (SUB)
195	190		- 7 - 24 LC 56 0178S
196	191		appointed pursuant to paragraph (4) of subsection (a) of this Code section shall be the173
197	192		successor to incumbent board member, Sergeant Robert Brown, whose regular term of174
198	193		office expires October 31, 1984, and the term of said incumbent member is shortened to175
199	194		expire on June 30, 1984; and the initial term of the successor appointed by the Governor176
200	195		shall be one year. The initial member appointed pursuant to paragraph (5) of subsection (a)177
201	196		of this Code section shall be the successor to incumbent board member, Captain Raymond178
202	197		Purvis, whose regular term of office expires on October 31, 1985, and the term of said179
203	198		incumbent member is shortened to expire on June 30, 1984; and the initial term of the180
204	199		successor appointed by the Governor shall be two years. The initial member appointed181
205	200		pursuant to paragraph (6) of subsection (a) of this Code section shall be the successor to182
206	201		incumbent board member, Sergeant Terry McAfee, whose regular term of office expires183
207	202		October 31, 1984, and the term of said incumbent member is shortened to expire on June184
208	203		30, 1984; and the initial term of the successor appointed by the Governor shall be three185
209	204		years. Thereafter, successors to such members shall be appointed by the Governor to take186
210	205		office upon the expiration of the respective terms of office for terms of three years. All187
211	206		such members shall serve until their successors are appointed and qualified.188
212	207		(c) If a vacancy occurs in a position on the board held by one of the members appointed189
213	208		pursuant to subsection (b) of this Code section, the Governor shall fill such vacancy for the190
214	209		unexpired term within 30 days after the date the vacancy occurred. The members of the191
215	210		board shall receive the same expense allowance as that received by members of the General192
216	211		Assembly and the same mileage allowance for the use of a personal automobile as that193
217	212		received by other state officials or employees or a travel allowance of actual transportation194
218	213		costs if traveling by public carrier within the state. Any board member shall also be195
219	214		reimbursed for any conference or meeting registration fee incurred in the performance of196
220	215		the member's duties as a board member. For each day's service outside of the state as a197
221	216		board member, such member shall receive actual expenses as an expense allowance as well198
222	217		as the same mileage allowance for the use of a personal automobile as that received by199
223		-	S. B. 328
	218	+	S. B. 328 (SUB)
224	219		- 8 - 24 LC 56 0178S
225		-	other state officials and employees or a travel allowance of actual transportation costs if
226		-	200
	220	+	other state officials and employees or a travel allowance of actual transportation costs if200
227	221		traveling by public carrier or by rental motor vehicle. The board, by regulation, shall201
228	222		provide for the submission and approval of expense vouchers in conformity with the202
229	223		requirements of this subsection.203
230		-	(d) The board shall elect from its members a chairman
231		-	chairperson and a vice-chairman204
	224	+	(d) The board shall elect from its members a chairman chairperson and a vice-chairman204
232	225		vice chairperson.205
233	226		(e) A majority of the members of the board shall constitute a quorum for the purpose of206
234	227		transacting all business that may come before the board.207
235	228		(f) The executive committee of the Peace Officers' Association of Georgia shall may208
236	229		submit to the Governor a list of three names for each person to be appointed by the209
237	230		Governor pursuant to subsection (b) of this Code section as a member of the board. In210
238	231		making appointments pursuant to subsection (b) of this Code section, the Governor may211
239	232		consider the names submitted by the executive committee, but it is specifically provided212
240	233		that the appointments shall be at the sole discretion of the Governor, and the Governor shall213
241	234		not be required to choose any appointee from names submitted by the executive committee.214
242	235		47-17-21.215
243	236		(a) There is created the office of secretary-treasurer executive director of the Peace216
244	237		Officers' Annuity and Benefit Fund. The secretary-treasurer executive director shall be217
245	238		elected by the board, and shall serve at its pleasure. His compensation shall be fixed by the218
246	239		board. He, and shall perform the duties provided for in this chapter and such other duties219
247	240		and services as the board may direct. The board shall fix the compensation of the executive220
248	241		director.221
249	242		(b) The secretary-treasurer executive director shall give a good and sufficient surety bond222
250	243		in such an amount as may be determined by the board, and such surety bond shall be223
251	244		conditioned upon the proper and faithful performance of his duties as secretary-treasurer224
252	245		the duties of the executive director.225
253		-	S. B. 328
	246	+	S. B. 328 (SUB)
254	247		- 9 - 24 LC 56 0178S
255	248		(c) The secretary-treasurer shall make quarterly reports to the board showing the total226
256	249		amount of money in his hands at the time of making such report and also showing a full227
257	250		accounting of receipts and expenditures since his last quarterly report. Subject to direction228
258	251		and limitations as may be set by the board, the executive director shall be authorized to229
259	252		enter into agreements for the acquisition of goods and services for the fund.230
260	253		47-17-22.231
261	254		The board is given the following powers and duties:232
262	255		(1) To provide for the collection of all moneys provided for in this chapter;233
263	256		(2) To provide for payment of all annuities and benefits under this chapter;234
264	257		(3) To provide for and maintain all necessary administrative facilities and personnel;235
265	258		(4) To provide for payment of all administrative salaries, fees, and expenses;236
266	259		(5) To hear and determine applications for membership in this fund according to the237
267	260		terms of this chapter;238
268	261		(6) To hear and determine applications for retirement, disability, and death benefits239
269	262		according to the terms of this chapter;240
270	263		(7) To make rules, regulations, and requirements consistent with this chapter for241
271	264		determining eligibility of members for disability, death, and retirement benefits;242
272	265		(8) To bring and defend actions;243
273	266		(8)(9) To delegate its authority to invest funds to one or more members of the board;244
274	267		(9)(10) To provide for the keeping of minutes and records of all meetings and245
275	268		proceedings of the board, including all rules, regulations, delegations, and requirements246
276	269		passed upon by the board;247
277	270		(10)(11) To delegate any and all duties and authorities granted in this Code section to the248
278	271		secretary-treasurer executive director under such conditions as may be deemed proper by249
279	272		the board, provided that the board shall at all times hear and determine any matter arising250
280	273		under this chapter if it so desires, if such matter is referred to it by the secretary-treasurer251
281		-	S. B. 328
	274	+	S. B. 328 (SUB)
282	275		- 10 - 24 LC 56 0178S
283	276		executive director, or if such matter is appealed to the board by any person affected by252
284	277		a decision made by the secretary-treasurer executive director;253
285	278		(11)(12) To exercise such other powers, not inconsistent with this chapter, as are254
286	279		necessary for the proper administration of this chapter; and255
287	280		(13) To contract with other public retirement funds, and any department, agency, or256
288	281		authority of the state or municipality or county, for the provision of administrative257
289	282		services and investment of assets; and258
290	283		(12)(14) To correct errors in the records of the fund in those instances in which an error259
291	284		results in a member or beneficiary receiving more or less than he or she they would have260
292	285		been entitled to receive had the records been correct and to adjust the payments, as far as261
293	286		is practicable, in such a manner that the member or beneficiary is paid the actuarial262
294	287		equivalent of the benefit to which he or she is they are actually entitled.263
295	288		47-17-23.264
296	289		(a) The board shall have such control of the funds provided for in this chapter as is not265
297	290		inconsistent with this chapter and other general laws. All funds received by the board shall266
298	291		be deposited in a special account accounts in the name of the Peace Officers' Annuity and267
299	292		Benefit Fund. The board shall have the authority to expend such funds in accordance with268
300	293		this chapter.269
301	294		(b) The board shall have full power to invest and reinvest such funds, subject to all the270
302	295		terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this271
303	296		title, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms,272
304	297		conditions, limitations, and restrictions, the board shall have full power to hold, purchase,273
305	298		sell, assign, transfer, and dispose of any of the securities and investments in which any of274
306	299		the funds are invested, including the proceeds of any investments and any money belonging275
307	300		to the fund.276
308		-	S. B. 328
	301	+	S. B. 328 (SUB)
309	302		- 11 - 24 LC 56 0178S
310		-	(c) The board may take, by gift, grant, devise, or bequest, any money, real or personal
311		-	277
	303	+	(c) The board may take, by gift, grant, devise, or bequest, any money, real or personal277
312	304		property, or any other thing of value and hold or invest it for the uses and purposes of the278
313	305		fund in accordance with this chapter.279
314	306		(d) The board is authorized to employ agents, including, but not limited to, banks or trust280
315	307		departments thereof, and to enter into contracts with such agents for their services as281
316	308		investment advisers and counselors, in making recommendations for investments and in282
317	309		making investments if the board so authorizes.283
318	310		47-17-24.284
319	311		It shall be the duty of the board to keep permanent records of all its actions in granting285
320	312		annuities or benefits. Such records shall give the name of the recipient, the date of the286
321		-	beginning of the membership
322		-	service of the involved peace officer, the date of such287
	313	+	beginning of the membership service of the involved peace officer, the date of such287
323	314		officer's incapacity, retirement, or death, the reason therefor, and such other information288
324	315		as the board shall desire. All records, papers, and other data shall be carefully preserved289
325	316		and turned over to the succeeding members of the board.290
326	317		47-17-25.291
327	318		The state auditor is authorized and directed to make an annual audit of the acts and doings292
328	319		of the board and to make a complete report of the same to the General Assembly. The state293
329	320		auditor shall not be required to distribute copies of the report to the members of the General294
330	321		Assembly but shall notify the members of the availability of the report in the manner which295
331	322		he or she deems to be most effective and efficient. The report shall disclose all moneys296
332	323		received by the board and all its expenditures including administrative expenses and297
333	324		payments made as annuities and benefits. The state auditor shall also make an audit of298
334	325		affairs of the board at any time he or she is if requested to do so by a majority of the board.299
335		-	S. B. 328
	326	+	S. B. 328 (SUB)
336	327		- 12 - 24 LC 56 0178S
337		-	47-17-26.
338		-	300
	328	+	47-17-26.300
339	329		(a) Subject to the terms and limitations of this Code section, the board of commissioners301
340	330		is authorized to adopt from time to time a method or methods of providing for increases in302
341	331		the maximum monthly retirement benefit payable under Article 6 of this chapter for303
342	332		persons theretofore or thereafter retiring under this chapter. Such method shall be based304
343	333		upon:305
344	334		(1) The recommendation of the actuary of the board of commissioners;306
345	335		(2) The maintenance of the actuarial soundness of the fund in accordance with the307
346	336		standards provided in Code Section 47-20-10 or such higher standards as may be adopted308
347	337		by the board; and309
348	338		(3) Such other factors as the board deems relevant.310
349	339		Any such increase may be uniform or may vary in accordance with the time of retirement,311
350		-	length of creditable
351		-	service, age, nature of the retirement, or such other factors as the board312
	340	+	length of creditable service, age, nature of the retirement, or such other factors as the board312
352	341		of commissioners shall determine.313
353	342		(b) An initial increase may be granted pursuant to subsection (a) of this Code section to314
354	343		become effective on July 1, 1993, not to exceed 3 percent of the maximum monthly315
355	344		retirement benefit then in effect. Thereafter, such increases may be authorized effective316
356	345		as of January 1 and July 1 of each year; provided, however, that no such increase shall317
357	346		exceed 1 1/2 percent of the maximum monthly retirement benefit then in effect.318
358	347		(c) No increase shall be made pursuant to subsection (a) of this Code section to become319
359	348		effective within six months of the effective date of any increase in the maximum retirement320
360	349		benefit granted by the General Assembly through amendment of Code Section 47-17-80.321
361	350		47-17-27.322
362	351		(a) The board is authorized and empowered to appoint and compensate a hearing officer323
363	352		for the purpose of holding hearings, compiling evidence and information, and submitting324
364	353		evidence, information, and recommendations to the board in any contested case.325
365		-	S. B. 328
	354	+	S. B. 328 (SUB)
366	355		- 13 - 24 LC 56 0178S
367		-	(b) The hearing officer shall have the authority to do the following in connection with any
368		-	326
	356	+	(b) The hearing officer shall have the authority to do the following in connection with any326
369	357		hearing: administer oaths and affirmations; sign and issue subpoenas; rule upon offers of327
370	358		proof; regulate the course of the hearing, set the time and place for the hearing or any328
371	359		continued hearings, and fix the time for filing any briefs; provide for the taking of329
372	360		testimony by deposition or interrogatory; and reprimand or exclude from the hearing any330
373	361		person for any indecorous or improper conduct committed in the presence of the hearing331
374	362		officer. When a subpoena issued by the hearing officer is disobeyed, any interested party332
375	363		may apply to the superior court of the county where the hearing is being held for an order333
376	364		requiring obedience. Failure to comply with such order shall be cause for punishment as334
377	365		for contempt of court. Any applicant for disability benefits shall have the right to be335
378	366		represented by counsel before the hearing officer.336
379	367		(c) With respect to all hearings before the hearing officer:337
380	368		(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules338
381	369		of evidence as applied in the trial of civil nonjury cases in the superior courts shall be339
382	370		followed. Evidence not admissible under such rules of evidence may be admitted if it is340
383	371		of a type commonly relied upon by reasonably prudent persons in the conduct of their341
384	372		affairs. The hearing officer shall give effect to the rules of privilege recognized by law;342
385	373		and343
386	374		(2) Documentary evidence may be received in the form of copies or excerpts if the344
387	375		original is not readily available. At the discretion of the hearing officer, the original shall345
388	376		be compared with the copy or excerpt.346
389	377		(d) The hearing officer, within 30 days from the close of the evidence or, if necessary, a347
390	378		longer period of time approved by the board, shall certify the entire record from the hearing348
391	379		to the board, together with his or her recommendation on the application. On review of the349
392	380		entire record from the hearing officer, the board shall have all the powers it would have in350
393	381		presiding at the reception of the evidence. In its discretion, the board may take additional351
394	382		testimony or remand the matter to the hearing officer for such purpose. The352
395		-	S. B. 328
	383	+	S. B. 328 (SUB)
396	384		- 14 - 24 LC 56 0178S
397		-	recommendation of the hearing officer to the board shall be made a part of the record
398		-	353
	385	+	recommendation of the hearing officer to the board shall be made a part of the record353
399	386		before the board.354
400	387		(e) As a part of its decision subsequent to any hearing, the board shall include findings of355
401	388		fact and conclusions of law, separately stated, and the effective date of the decision. The356
402	389		decision of the board shall be mailed to the parties as soon after the rendition of the357
403	390		decision as is practicable.358
404	391		(f) Any party who is adversely affected by any final decision of the board may seek359
405	392		judicial review of the final decision of the board in the Superior Court of Spalding County. 360
406	393		Proceedings for review shall be instituted by filing a petition with the court within 30 days361
407	394		after the decision is rendered. A copy of the petition shall be served upon the board. The362
408	395		petition shall state the nature of the petitioner's interest, the facts showing that the petitioner363
409	396		is aggrieved by the decision of the hearing officer, and the grounds upon which the364
410	397		petitioner contends the decision should be reversed or remanded. The petition may be365
411	398		amended with leave of the court.366
412	399		(g) Within 30 days after the service of the petition or within further time allowed by the367
413	400		court, the hearing officer shall transmit to the reviewing court the original or a certified368
414	401		copy of the entire record of the proceeding under review. By agreement of the petitioner,369
415	402		the record may be shortened. The court may require or permit subsequent corrections or370
416	403		additions to the record.371
417	404		(h) The filing of the petition shall in no manner stay the enforcement of the decision of the372
418	405		hearing officer.373
419	406		(i) The review shall be conducted by the court without a jury and shall be confined to the374
420	407		record. The court shall not substitute its judgment for that of the hearing officer as to the375
421	408		weight of the evidence on questions of fact. The court may affirm the decision of the376
422	409		hearing officer or remand the case for further proceedings. The court may reverse the377
423	410		decision of the hearing officer if substantial rights of the petitioner have been prejudiced378
424	411		because the findings, inferences, conclusions, or decisions of the hearing officer are:379
425		-	S. B. 328
	412	+	S. B. 328 (SUB)
426	413		- 15 - 24 LC 56 0178S
427		-	(1) In violation of constitutional or statutory provisions;
428		-	380
	414	+	(1) In violation of constitutional or statutory provisions;380
429	415		(2) In excess of the statutory authority of the hearing officer;381
430	416		(3) Made upon unlawful procedure;382
431	417		(4) Clearly erroneous in view of the reliable, probative, and substantial evidence on the383
432	418		whole record; or384
433	419		(5) Arbitrary or capricious.385
434	420		(j) A petitioner who is aggrieved by an order of the court in a proceeding authorized under386
435	421		this Code section may appeal to the Supreme Court of Georgia or the Court of Appeals of387
436	422		Georgia in accordance with Title 5.388
437	423		ARTICLE 3389
438	424		47-17-40.390
439	425		(a) In order to obtain membership in the fund, a peace officer shall make application to the391
440	426		board upon an application form to be furnished by it for that purpose. It shall be the duty392
441		-	of the employing authority to notify the board within 30 days from the date a peace officer
442		-	393
	427	+	of the employing authority to notify the board within 30 days from the date a peace officer393
443	428		is employed, furnishing the name and mailing address of such peace officer. The board394
444	429		shall furnish an application for membership form and a certification by employing395
445	430		authority form to such peace officer within 15 30 days after such notification from the date396
446	431		of employment. The application form shall be accompanied by such material and397
447	432		information as will enable the peace officer to determine the benefits to be derived by398
448	433		virtue of said peace officer's membership in the fund. An applicant must furnish proof of399
449	434		the date of such applicant's birth, and such proof shall be in such form as shall be required400
450	435		by the board.401
451	436		(b) Reserved.402
452	437		(c) In addition to the requirements stated in this Code section, an application for403
453	438		membership shall contain such other information as may be required by the board.404
454		-	S. B. 328
	439	+	S. B. 328 (SUB)
455	440		- 16 - 24 LC 56 0178S
456		-	47-17-41.
457		-	405
458		-	The board may provide by rule and regulation for the retention of any legally qualified
459		-	406
	441	+	47-17-41.405
	442	+	The board may provide by rule and regulation for the retention of any legally qualified406
460	443		member who has temporarily ceased employment as a peace officer and for credit for such407
461	444		period, provided that an application for retention of membership is submitted not later than408
462	445		90 days after such employment has ceased; and provided, further, that he or she shall pay409
463	446		to the fund the amounts required for such period. Such member may obtain one month of410
464	447		such credit for each month of active membership performed after the period of411
465	448		unemployment as a peace officer; provided, however, that not more than 12 months of412
466	449		absence from such employment shall be allowed under this Code section during a member's413
467	450		entire membership in the fund Reserved.414
468	451		47-17-42.415
469	452		Any other provisions of this chapter to the contrary notwithstanding, any person who was416
470	453		totally blinded in the line of duty as a peace officer prior to the creation of the fund and417
471	454		who has been unable to serve as a peace officer since that injury is authorized to become418
472	455		a member of the fund, regardless of whether such person is now or hereafter a peace419
473	456		officer. If he elects to join the fund, he shall pay into it the amount which he would have420
474	457		paid had he joined the fund upon its creation and continued as a member since that time,421
475	458		which amount shall be determined by the board. Upon such payment he shall be422
476	459		authorized to receive the maximum disability benefits under Code Section 47-17-81423
477	460		without the necessity of complying with any time limitations contained in that Code424
478	461		section. In addition to such benefits as provided for in this chapter, the fund may choose425
479	462		to offer and provide other benefits as it may determine to be advisable and financially426
480	463		feasible.427
481		-	S. B. 328
	464	+	S. B. 328 (SUB)
482	465		- 17 - 24 LC 56 0178S
483		-	47-17-43.
484		-	428
	466	+	47-17-43.428
485	467		Nothing contained in this chapter shall be construed so as to prevent any peace officer who429
486	468		is a member of the fund from belonging to any other retirement, annuity, or benefit system.430
487	469		47-17-44.431
488		-	(a)(1) Beginning on July 1, 2020, and ending on June 30, 2021, each member shall pay
489		-	432
	470	+	(a)(1) Beginning on July 1, 2020, and ending on June 30, 2021, each member shall pay432
490	471		monthly dues into the fund of $25.00.433
491	472		(2)(A) On and after July 1, 2021, each member shall pay monthly dues into the fund in an434
492	473		amount to be determined annually by the board that shall be at least $25.00, but shall not435
493	474		exceed $50.00.436
494	475		(b) On and after July 1, 2024, each member shall pay monthly dues into the fund in an437
495	476		amount to be determined annually by the board that shall be at least $35.00, but shall not438
496	477		exceed $70.00.439
497	478		(B)(c) The base amount of monthly dues established pursuant to this paragraph Code440
498	479		section shall apply uniformly to all members.441
499	480		(C)(d) The board shall determine the monthly dues amount based on:442
500	481		(i)(1) The recommendation of the actuary of the board;443
501	482		(ii)(2) The maintenance of the actuarial soundness of the fund in accordance with the444
502	483		minimum funding standards provided in Code Section 47-20-10 or such higher standards445
503	484		as may be adopted by the board; and446
504	485		(iii)(3) Such other factors as the board declares determines relevant.447
505	486		(3)(e) Each month's dues shall be paid not later than the tenth day of that month. Any448
506	487		member of the fund who becomes delinquent in payment of dues by failure to pay the449
507	488		prescribed amount by the tenth of any month shall be notified of such delinquency by the450
508	489		executive director on the tenth of the following month. If payment is not received by the451
509	490		tenth of the next month, the member shall be removed from active status in the fund and452
510	491		notified by mail. Any member who is dropped for nonpayment of dues shall have six453
511		-	S. B. 328
	492	+	S. B. 328 (SUB)
512	493		- 18 - 24 LC 56 0178S
513	494		months from the last fully paid month to reinstate their membership. The member shall454
514	495		pay all back dues together with a $100.00 reinstatement fee to avoid a break in service. No455
515	496		previously verified creditable service credit will be lost upon reinstatement. After the456
516	497		six-month reinstatement period has expired, credit for prior service may only be obtained457
517	498		by tendering to the board an amount equal to the full actuarial cost of such time as458
518	499		calculated by the actuary for the fund only after the member has resumed monthly459
519	500		payments.460
520	501		(4)(f) Each member shall be required to pay such dues for a minimum period of ten years,461
521	502		or 15 years for individuals who became members on or after July 1, 2010, before being462
522	503		eligible to receive the retirement benefits under this chapter, provided that, if such member463
523	504		is eligible to retire under this chapter and so desires, such member may retire, and the board464
524	505		shall deduct such monthly amount from his or her retirement benefits until he or she has465
525	506		paid dues into the fund for a period of ten years or 15 years for individuals who became466
526	507		members on or after July 1, 2010.467
527	508		(b) No member shall receive credit for any service performed after March 1, 1951, unless468
528	509		such member has paid into the fund the amount required for such service. Upon469
529	510		application of any peace officer who applies for membership and who owes dues for470
530	511		service since March 1, 1951, the board may allow and provide for periodic payments of471
531	512		such dues over a period of not more than 36 months immediately subsequent to the date of472
532	513		his or her acceptance as a member.473
533	514		(c) Except as provided in subsection (d) of this Code section, any member of the fund who474
534	515		has not obtained creditable service for prior service pursuant to the provisions of subsection475
535	516		(a) of Code Section 47-17-70 may obtain such service by tendering to the board an amount476
536	517		equal to the dues at the rate of $20.00 per month plus 10 percent interest per annum477
537	518		compounded annually from the date the prior service was rendered to the date of payment478
538	519		for all years claimed as prior service; provided, however, that no member shall be allowed479
539	520		to purchase more than a total of five years of such creditable service; provided, further,480
540		-	S. B. 328
	521	+	S. B. 328 (SUB)
541	522		- 19 - 24 LC 56 0178S
542	523		however, that any member who becomes or again becomes a member of the fund on or481
543	524		after July 1, 1994, must have been an active member of the fund for five years or more to482
544	525		obtain the prior service credit provided for in this subsection.483
545	526		(d) Any member of the fund who qualifies for membership under the definition contained484
546	527		in subparagraph (J) of paragraph (5) of Code Section 47-17-1 who has not obtained485
547	528		creditable service for prior service pursuant to the provisions of subsection (a) of Code486
548	529		Section 47-17-70 may obtain such service by tendering to the board an amount equal to the487
549	530		dues at the rate of $20.00 per month plus 10 percent interest per annum compounded488
550	531		annually from the date the prior service was rendered to the date of payment for all years489
551	532		claimed as prior service.490
552	533		ARTICLE 4491
553	534		47-17-60.492
554	535		(a) The greater of $10.00 or 10 percent of each bond forfeited and collected in any493
555	536		criminal or quasi-criminal case for violation of state statutes, county ordinances, or494
556	537		municipal ordinances, which case is before any court or tribunal in this state, shall be paid495
557	538		to the secretary-treasurer executive director. An amount equal to the greater of $10.00 or496
558	539		10 percent of each fine imposed in any criminal or quasi-criminal case for violation of state497
559	540		statutes, county ordinances, or municipal ordinances, which case is before any court or498
560	541		tribunal in this state, shall be added to the amount of the fine imposed and collected, and,499
561	542		once collected, shall be paid to the secretary-treasurer executive director. For purposes of500
562	543		determining amounts to be paid to the secretary-treasurer executive director, the amount501
563	544		of the fine or bond collected shall be deemed to include costs. The amounts provided for502
564	545		shall be paid to the secretary-treasurer executive director before the payment of any costs503
565	546		or any claim whatsoever against such fine or forfeiture. The collecting authority shall pay504
566	547		such amounts to the secretary-treasurer executive director on the first day of the month505
567		-	S. B. 328
	548	+	S. B. 328 (SUB)
568	549		- 20 - 24 LC 56 0178S
569		-	following that in which they were collected or at such other time as the board may provide.
570		-	506
	550	+	following that in which they were collected or at such other time as the board may provide. 506
571	551		With such payment there shall be filed an acceptable form which shows the number of507
572	552		cases in each of the above categories and the amounts due in each category. It shall be the508
573	553		duty of the collecting authority to keep accurate records of the amounts due the board so509
574	554		that the records may be audited or inspected at any time by any representative of the board510
575		-	under its direction. Sums remitted to the secretary-treasurer
576		-	executive director under this511
	555	+	under its direction. Sums remitted to the secretary-treasurer executive director under this511
577	556		Code section shall be used as provided for elsewhere in this chapter.512
578	557		(a.1) The greater of 5 percent or $5.00 of each fee collected prior to adjudication of guilt513
579	558		for purposes of pretrial diversion pertaining to any criminal or quasi-criminal case for514
580	559		violation of state statutes, county ordinances, or municipal ordinances as provided for in515
581	560		subsection (f) of Code Section 15-18-80, which case is before any court or tribunal in this516
582	561		state, shall be paid to the secretary-treasurer executive director. The clerk of court as517
583	562		provided for in subsection (f) of Code Section 15-18-80 shall pay such amounts to the518
584	563		secretary-treasurer executive director on the first day of the month following that in which519
585	564		they were collected or at such other time as the board may provide. With such payment520
586	565		there shall be filed an acceptable form from the clerk of court which shows the number of521
587	566		cases in each of the above categories and the amounts due in each category. It shall be the522
588	567		duty of the clerk of court to keep accurate records of the amounts due the board so that the523
589	568		records may be audited or inspected at any time by any representative of the board under524
590	569		its direction. Sums remitted to the secretary-treasurer executive director under this Code525
591	570		section shall be used as provided for elsewhere in this chapter.526
592	571		(b) If the collecting authority fails to remit such amounts with an acceptable form properly527
593	572		filled out within 60 days of the date on which such remittal is due, the same shall be528
594	573		delinquent, and there shall be imposed, in addition to the principal amount due, a specific529
595	574		penalty in the amount of 5 percent of the principal amount per month for each month530
596	575		during which the funds continue to be delinquent, provided that such penalty shall not531
597	576		exceed 25 percent of the principal due. In addition to such penalty, interest shall be532
598		-	S. B. 328
	577	+	S. B. 328 (SUB)
599	578		- 21 - 24 LC 56 0178S
600		-	charged on delinquent amounts at the rate of 6 percent per annum from the date the funds
601		-	533
	579	+	charged on delinquent amounts at the rate of 6 percent per annum from the date the funds533
602	580		become delinquent until they are paid. By affirmative vote of all members, the board, upon534
603	581		the payment of the delinquent funds together with interest and for good cause shown, may535
604	582		waive the specific penalty otherwise charged under this subsection.536
605	583		47-17-61.537
606		-	The Georgia Composite Medical Board shall pay an employer contribution for each person
607		-	538
	584	+	The Georgia Composite Medical Board shall pay an employer contribution for each person538
608	585		of its investigators who becomes a member of the fund pursuant to division (5)(I)(vi) of539
609	586		Code Section 47-17-1. Such contribution shall be the full actuarial cost of the member's540
610	587		participation as calculated by the actuary for the fund and shall be made on a monthly an541
611	588		annual basis.542
612	589		47-17-62.543
613	590		The Georgia Board of Dentistry shall pay an employer contribution for each person of its544
614	591		investigators who becomes a member of the fund pursuant to division (5)(I)(vii) of Code545
615	592		Section 47-17-1. Such contribution shall be the full actuarial cost of the member's546
616	593		participation as calculated by the actuary for the fund and shall be made on a monthly an547
617	594		annual basis.548
618	595		47-17-63.549
619	596		The board, the Georgia Emergency Communications Authority, and the Department of550
620	597		Revenue shall coordinate to the extent necessary to ensure that the fund receives the551
621	598		amounts that it is owed pursuant to subsection (a) of Code Section 38-3-188.552
622		-	S. B. 328
	599	+	S. B. 328 (SUB)
623	600		- 22 - 24 LC 56 0178S
624		-	ARTICLE 5
625		-	553
	601	+	ARTICLE 5553
626	602		47-17-70.554
627		-	(a) No peace officer who first makes application for membership in the fund on or after
628		-	555
	603	+	(a) No peace officer who first makes application for membership in the fund on or after555
629	604		May 1, 1968, shall be given credit for any prior service, and such peace officer shall556
630	605		receive credit only from the date he or she becomes a member of the fund; provided,557
631	606		however, a Any nonretired member of the fund may claim a maximum of five years for558
632	607		service rendered as a peace officer prior to such member's joining the fund if such member559
633	608		complies with subsection (c) of Code Section 47-17-44 and remains an active member of560
634	609		the fund for a period of time at least equal to the number of years claimed for prior service;561
635	610		provided, further, that any member defined in subparagraph (J) of paragraph (5) of Code562
636	611		Section 47-17-1 may claim service as a peace officer prior to such member's joining the563
637	612		fund without regard to such five-year limitation if such member complies with subsection564
638	613		(c) of Code Section 47-17-44 by tendering to the fund the full actuarial cost of such time565
639	614		as calculated by the actuary for the fund. All purchased time shall count toward vesting.566
640	615		(b) A member who is determined by the board to be in good standing and who enlists in567
641	616		or is drafted into any branch of the armed forces of the United States shall not be required568
642	617		to remit any funds to the board during such period of service and shall receive credit for569
643	618		such service, provided that such member left his their work as a peace officer to enter the570
644	619		armed forces of the United States and returned to work as a peace officer within six months571
645	620		after he they ceased such service and engaged in no other type of work within such572
646	621		six-month period. Such member shall receive one year of creditable service for each year573
647	622		of service in the armed forces of the United States, provided that there shall be a limit of574
648	623		five years of credit for such service. If a member remains in the armed forces of the United575
649	624		States longer than five years, his their membership shall be terminated at the end of such576
650	625		five-year period but shall be reinstated if he returns they return to work as a peace officer577
651		-	S. B. 328
	626	+	S. B. 328 (SUB)
652	627		- 23 - 24 LC 56 0178S
653	628		within six months after he ceases they cease such service and if he has they have not578
654	629		engaged in any other type of work within such six-month period.579
655	630		47-17-71.580
656	631		(a) It is the intent of the General Assembly to provide for the grant of creditable service581
657	632		to any active member of the fund for each month of prior service as a peace officer582
658	633		rendered prior to January 1, 1976, if during such period the member was denied583
659	634		membership in the fund or was actively prevented from making such application because584
660	635		of his or her race or ethnicity.585
661	636		(b) The board is authorized and directed to receive the applications of such members as586
662	637		would be eligible to receive creditable service under the terms and conditions as set forth587
663	638		in subsection (c) of this Code section. Entitlement to such creditable service shall attach588
664	639		upon the submission of application, subject to all provisions of this Code section relative589
665	640		to funding.590
666	641		(c) A member wishing to establish creditable service for service performed prior to591
667	642		January 1, 1976, as provided in subsection (a) of this Code section, must make written592
668	643		application to the board during the six-month period from July 1, 2006 through December593
669	644		31, 2006, and:594
670	645		(1) Provide the board with such proof of prior service as the board deems necessary,595
671	646		which shall include, at a minimum, pay records, tax returns, W-2 statements, or a sworn596
672	647		statement of the employer stating that the employment records bear proof of such597
673	648		employment. Such statement shall be subject to a civil fine of $5,000.00 for false598
674	649		swearing; and599
675	650		(2) Provide the board with a sworn statement of the applicant that he or she applied for600
676	651		membership in the fund and was denied membership, or that he or she was actively601
677	652		prevented from making such application because of his or her race or ethnicity. Such602
678	653		statement shall be subject to a civil fine of $5,000.00 for false swearing.603
679		-	S. B. 328
	654	+	S. B. 328 (SUB)
680	655		- 24 - 24 LC 56 0178S
681		-	(d) As soon as practicable following the last day for application, the board shall cause the
682		-	604
	656	+	(d) As soon as practicable following the last day for application, the board shall cause the604
683	657		actuary for the fund to determine the amount of funding necessary to grant the creditable605
684	658		service to all members whose applications are accepted and approved in accordance606
685	659		without creating any actuarial accrued liability as to the fund, in accordance with the607
686	660		provisions of Chapter 20 of this title, the 'Public Retirement Systems Standards Law.' A608
687	661		pro rata portion of one-half of such amount, determined by the number of months of609
688	662		creditable service requested by each person, shall be assigned as such person's employee610
689	663		contribution required to receive such creditable service. The board shall notify each611
690	664		applicant of his or her pro rata share, and each such person shall pay such amount to the612
691	665		board not later than March 1, 2007, or thereafter be ineligible to receive such creditable613
692	666		service. During the regular 2007 session, the General Assembly may appropriate funds614
693	667		sufficient to cover one-half of the amount determined by the actuary as necessary to grant615
694	668		the creditable service, together with any portion of the total required employee contribution616
695	669		which was not received by the board from the applicants by March 1, 2007.617
696	670		(e) The creditable service provided for in subsection (a) of this Code section shall be618
697	671		granted on July 1, 2007, only if the board receives the full amount determined by the619
698		-	actuary as
699		-	necessary to implement the provisions of this Code section. Otherwise, the 620
	672	+	actuary as necessary to implement the provisions of this Code section. Otherwise, the 620
700	673		board shall refund all amounts received from the members as employee contributions,621
701	674		together with regular interest thereon, and this Code section shall thereafter have no effect.622
702	675		ARTICLE 6623
703	676		47-17-80.624
704	677		(a) At the time a member qualifies for retirement payments, such member must choose a625
705	678		payment option provided for in this Code section. A member shall become eligible to626
706	679		begin receiving benefits on the first day of the month following the month in which the627
707	680		member qualified for retirement and terminated active employment as a peace officer;628
708		-	S. B. 328
	681	+	S. B. 328 (SUB)
709	682		- 25 - 24 LC 56 0178S
710	683		provided, however, that, if a member is vested and has reached age 55, then the629
711	684		requirement of terminated active employment as a peace officer is waived. A member shall630
712	685		present to the secretary-treasurer executive director a completed application form for631
713	686		retirement benefits within 30 days of the anticipated retirement date. The application shall632
714	687		contain such information as the board shall require. After approval by the board, the633
715	688		secretary-treasurer executive director shall pay to such retired member a monthly sum634
716	689		based on the option chosen by the member. If a married member with a spouse then living635
717	690		is unable to choose an option provided for in this Code section and to complete an636
718	691		application form because of death, mental incompetency, or other providential cause, then637
719	692		Option Two shall become effective. After a member's retirement application has been638
720	693		approved by the board, the member is ineligible to return to active status in the fund.639
721	694		(b)(1) Option One shall consist of a single life annuity payable in monthly payments for640
722	695		the life of the member only. The monthly payment under this option shall be an amount641
723	696		equal to $25.15 $30.00 per month for each full year of creditable service; provided,642
724	697		however, on July 1, 2021, such amount shall increase to $30.00 per month for each full643
725	698		year of creditable service and in the event the member shall have additional service credit644
726	699		not totaling a full year, the further sum of one-twelfth of the amount paid per month for645
727	700		each additional year of service credit shall be paid for each month of additional service646
728	701		credit, provided that the member either has at least ten years of membership service, or 15647
729	702		years of membership service for individuals who became members on or after July 1, 2010,648
730	703		and is at least 55 years of age or has at least 30 years of creditable service, regardless of649
731	704		age. Such monthly benefit payment shall be paid on each full year and additional full650
732	705		months of creditable service up to a maximum of 30 years of total service.651
733	706		(2) No member shall be eligible for benefits under this option until the member's official652
734	707		duties as a peace officer have been terminated, except as otherwise provided in this653
735	708		chapter, and unless the member files an application for retirement benefits within 90 days654
736		-	S. B. 328
	709	+	S. B. 328 (SUB)
737	710		- 26 - 24 LC 56 0178S
738	711		from the date of the termination of the member's official duties as a peace officer, unless655
739	712		prevented therefrom for good cause.656
740	713		(3) If such member shall qualify for retirement benefits in every respect except for657
741	714		completion of payment of monthly dues for the periods of time for which the member has658
742	715		received service credit, dues shall be deducted from the member's monthly benefit check659
743	716		until such dues have been paid in full.660
744	717		(4) Any member who has at least ten years of membership service, or 15 years of661
745	718		membership service for individuals who became members on or after July 1, 2010, for662
746	719		which dues have been fully paid but who has not reached 55 years of age may cease663
747	720		paying monthly dues into the fund if the member's employment as a peace officer is664
748	721		terminated; and upon reaching 55 years of age, the member may be eligible to receive665
749	722		retirement benefits under this option.666
750	723		(c) Option Two shall consist of a 100 percent joint life annuity payable during the life of667
751	724		the member or the member's spouse. The amount of monthly payment to be paid under this668
752	725		option shall be based on the date the member first becomes eligible to receive pension669
753	726		benefits (normal retirement date) and shall be computed so as to be actuarially equivalent670
754	727		to the monthly retirement payment which would have been paid to the member under671
755	728		Option One. Such actuarial equivalence shall be computed on the using an interest rate and672
756	729		current mortality basis approved from time to time table adopted by the board, the age of673
757	730		the member, and, if applicable, the age of his or her the spouse as of the date benefits are674
758	731		to commence or as of the date benefits would have commenced if the member had retired675
759	732		after first becoming eligible for full benefits, whichever is earlier.676
760	733		(d) Option Three shall consist of a contingency life annuity with a 50 percent monthly677
761	734		payment to the surviving spouse. The amount of monthly payment to be paid under this678
762	735		option shall be based on the date the member first becomes eligible to receive pension679
763	736		benefits (normal retirement date) and shall be computed so as to be actuarially equivalent680
764	737		to the monthly retirement payment which would have been paid to the member under681
765		-	S. B. 328
	738	+	S. B. 328 (SUB)
766	739		- 27 - 24 LC 56 0178S
767	740		Option One. Such actuarial equivalence shall be computed on the interest rate and682
768	741		mortality basis approved from time to time using an interest rate and current mortality table683
769	742		adopted by the board, the age of the member, and, if applicable, the age of his or her spouse684
770	743		as of the date benefits are to commence or as of the date benefits would have commenced685
771	744		if the member had retired after first becoming eligible for full benefits, whichever is earlier.686
772	745		(e) Under Option Two or Three, in the case of a divorce, a retired member may revoke the687
773	746		election of any such option at any time after the entry of a final judgment of complete688
774	747		divorce from the retired member's spouse or the retired member may elect to continue689
775	748		under Option Two or Three for the benefit of the former spouse. Upon any such690
776	749		revocation, or in the case of the death of a spouse, the retired member shall begin receiving691
777	750		the monthly retirement benefit which the retired member would have been entitled to692
778	751		receive under Option One. In the event any such retired member remarries, after divorce693
779	752		from the former spouse and the retired member elected to revoke Option Two or Three as694
780	753		provided in this subsection, the retired member may elect to begin receiving the applicable695
781	754		reduced monthly retirement benefit of equivalent actuarial value and reestablish on behalf696
782	755		of the new spouse the same option which was applicable to the former spouse. Such697
783	756		actuarial equivalence shall be based on the age of the retired member and the age of the698
784	757		retired member's new spouse at the time of such election and shall be computed on the699
785	758		Mortality Table GA51, with projection, using interest at 6 percent per annum, using an700
786	759		interest rate and current mortality table adopted by the board with a five-year age setback701
787	760		for females and monthly payment annuity functions. The option on behalf of the new702
788	761		spouse may not be exercised until one year after the date of remarriage or until a child of703
789	762		the remarried couple is born, whichever is earlier.704
790	763		(e.1) When a retired member has elected Option Two or Option Three, then in the event705
791	764		the spouse predeceases the retired member, the monthly retirement benefit payable to the706
792	765		retired member after the death of the spouse shall be increased to the monthly retirement707
793	766		benefit which the retired member would have been entitled to receive under Option One. 708
794		-	S. B. 328
	767	+	S. B. 328 (SUB)
795	768		- 28 - 24 LC 56 0178S
796	769		In the event any such retired member remarries or has remarried after the death of the709
797	770		former spouse, the retired member may elect to begin receiving the applicable reduced710
798	771		retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse711
799	772		the same option which was applicable to the deceased former spouse, but such option on712
800	773		behalf of the new spouse may not be reestablished until one year after the date of713
801	774		remarriage or until a child of the remarried couple is born, whichever is earlier. Actuarial714
802	775		equivalence under this subsection shall be determined in the same manner that it is715
803	776		determined under subsection (e) of this Code section. This subsection applies to retired716
804	777		members who retired at any time prior to July 1, 1990, as well as to those who retire on or717
805	778		after that date, but increases in monthly retirement benefits authorized by this subsection718
806	779		shall not be paid retroactively for any period of time prior to July 1, 1990, notwithstanding719
807	780		the fact that a spouse covered under Option Two or Option Three may have died prior to720
808	781		July 1, 1990.721
809	782		(f) Nothing contained in this Code section shall affect the requirement that a member make722
810	783		payments into the fund for a minimum period of ten years, or 15 years for members who723
811	784		become members on or after July 1, 2010, nor shall it affect the requirement that credit for724
812	785		service after March 1, 1951, shall not be given unless the member has made the required725
813	786		payments to the fund for all such service. Any peace officer becoming a member of the726
814	787		fund between April 1, 1953, and March 31, 1965, inclusive, must remain an active member727
815	788		and, in addition to completing the required years of service, must remit the correct amount728
816	789		of dues to the fund for a period of three years from the date he or she becomes a member,729
817	790		irrespective of previous service credited for which dues are paid, before being eligible for730
818	791		any retirement benefits provided under this Code section. Any peace officer becoming a731
819	792		member of the fund for the first time on or after April 1, 1965, must remain an active732
820	793		member and, in addition to completing the required years of service, must remit the correct733
821	794		amount of dues to the fund for a period of five years from the date he or she becomes a734
822		-	S. B. 328
	795	+	S. B. 328 (SUB)
823	796		- 29 - 24 LC 56 0178S
824	797		member, irrespective of previous service credited for which dues are paid, before being735
825	798		eligible for any retirement benefits provided under this Code section.736
826	799		(g)(1) Except as provided in paragraphs (2) and (3) of this subsection, any member who737
827	800		again becomes employed as a peace officer after having been placed on retirement under738
828	801		this Code section shall immediately notify the secretary-treasurer of such reemployment. 739
829	802		Retirement benefits being paid to such member shall be terminated as of the date of such740
830	803		reemployment and shall remain terminated for the duration of such reemployment. 741
831	804		During such period of reemployment, said member shall pay regular monthly dues into742
832	805		this fund. Upon meeting the requirements provided by law, such member shall be743
833	806		entitled to all benefits provided for in Code Sections 47-17-81 and 47-17-82; but such744
834	807		member shall not be entitled to any increase in retirement benefits by virtue of service745
835	808		during the period of reemployment unless such reemployment is for a term of three years746
836	809		or more, in which instance such member may again apply for retirement as if he or she747
837	810		had not previously been retired; and he or she shall be entitled to such benefits as may be748
838	811		provided by law at that time, if he or she so chooses.749
839	812		(2) The provisions of paragraph (1) of this subsection shall not apply to a retired member750
840	813		employed in any capacity for 1,040 hours or less in any calendar year.751
841	814		(3) The provisions of paragraph (1) of this subsection shall not apply to a member752
842	815		otherwise qualified for a normal service retirement under this chapter with at least 30753
843	816		years of creditable service and who has attained the age of 55. Any such member may754
844	817		continue or reenter employment as a peace officer and shall for all purposes be755
845	818		considered a retired member of this fund; provided, however, that the provisions of this756
846	819		paragraph shall not apply to any person who first or again becomes a member on or after757
847	820		July 1, 2009.758
848	821		(h) The amounts provided for as retirement benefits in this Code section shall apply to759
849	822		those members who have retired prior to July 1, 1990, as well as to those members who760
850	823		retire on or after that date. The service of each member who retired prior to July 1, 1990,761
851		-	S. B. 328
	824	+	S. B. 328 (SUB)
852	825		- 30 - 24 LC 56 0178S
853	826		shall be recomputed; and, if it is determined that the amounts provided for in this Code762
854	827		section result in an increase in the retirement benefits being paid to such member, such763
855	828		benefits shall be increased to the proper amount and shall be paid to the member in the764
856	829		future, beginning July 1, 1990. If it is determined that an increase in retirement benefits765
857	830		will result for any such retired member, and such retired member shall not have completed766
858	831		payment of dues for all service credit previously allowed as of the date of such member's767
859	832		retirement, monthly dues shall be deducted from the member's monthly retirement benefits768
860	833		until such time as said dues shall have been paid for each month of service for which769
861	834		retirement credit has been received; provided, however, that no such member shall be770
862	835		allowed to change the option under which the member originally retired unless the member771
863	836		shall again become employed as a peace officer as provided in subsection (g) of this Code772
864	837		section and complies with all the provisions of subsection (g) of this Code section.773
865	838		(i)(f) In the event an active member of the fund dies before retirement and such member774
866	839		has accumulated at least ten years of membership service, or 15 years for members who775
867	840		become members on or after July 1, 2010, or would otherwise have been eligible to receive776
868	841		retirement benefits, except for the member's not having terminated the member's official777
869	842		capacity as a peace officer, benefits shall be extended to the surviving spouse of such778
870	843		member in the form of an annuity for the remaining life of such spouse determined and779
871	844		paid to such surviving spouse under Option Two of this Code section to the same extent780
872	845		as if such member had died while receiving retirement benefits under Option Two.781
873	846		(j)(g) Upon the death of any retired member, any unpaid monthly benefits shall be paid to782
874	847		the named beneficiary, if any, or if there is no named beneficiary, then to the estate of the783
875	848		retired member.784
876	849		47-17-81.785
877	850		(a) Any dues-paying member who became a member prior to July 1, 1993, who is786
878	851		rendered totally and permanently disabled by disease or injury so as to be unable to787
879		-	S. B. 328
	852	+	S. B. 328 (SUB)
880	853		- 31 - 24 LC 56 0178S
881		-	perform substantially all of the duties of the position to which the member was regularly
882		-	788
	854	+	perform substantially all of the duties of the position to which the member was regularly788
883	855		assigned when the disability originated or so as to be unable to engage in any occupation789
884	856		or gainful employment for which the member is reasonably suited by virtue of the790
885	857		member's background, training, education, and experience shall be entitled to disability791
886		-	benefits of $257.00
887		-	$455.00 per month for life or until the member's disability ceases,792
	858	+	benefits of $257.00 $455.00 per month for life or until the member's disability ceases,792
888	859		provided that the member makes application to the board for disability benefits within 12793
889	860		months of becoming totally and permanently disabled.794
890	861		(b) The disability benefits provided under this Code section shall be payable upon the795
891	862		event of disability as provided in subsection (a) of this Code section regardless of the cause796
892	863		of the disability and shall be payable when the disability is a result of any mental or797
893	864		physical injury or disease, whether caused by reason of the peace officer's employment or798
894	865		not, provided that no benefits shall be payable under this Code section for any disability799
895	866		resulting from the chronic and excessive consumption of alcoholic beverages, addiction to800
896	867		drugs, the use of which is prohibited in this state by law, engagement by the member in any801
897	868		criminal act, willful misconduct of the member, or injury sustained by the member while802
898	869		serving in the armed forces of any country or while on active duty in the National Guard803
899	870		or other armed forces reserve force.804
900	871		(c) Any other provision of law to the contrary notwithstanding, any member who is805
901	872		receiving disability benefits pursuant to this Code section on June 30, 1990, and who had806
902	873		at least 20 years of creditable service at the time such member first became eligible for807
903	874		such disability benefits shall receive the same benefits as a member who retires at age 55808
904	875		or older with 20 years of creditable service under the provisions of Code Section 47-17-80. 809
905	876		For each year of creditable service above 20 years but not more than 30 years which such810
906	877		member had when first becoming eligible to receive disability benefits, the benefits shall811
907	878		be the same as those provided for the same number of years of creditable service under the812
908	879		provisions of Code Section 47-17-80. The benefits of such members who are receiving813
909	880		disability benefits pursuant to this Code section on June 30, 1990, shall be recomputed and814
910		-	S. B. 328
	881	+	S. B. 328 (SUB)
911	882		- 32 - 24 LC 56 0178S
912		-	the increased benefits shall be paid to such members beginning July 1, 1990. Any member
913		-	815
	883	+	the increased benefits shall be paid to such members beginning July 1, 1990. Any member815
914	884		who first becomes eligible to receive disability benefits on or after July 1, 1990, who has816
915	885		the required years of creditable service as provided in this subsection shall have disability817
916	886		benefits computed and paid in the same manner as provided in this subsection.818
917	887		(d) The amount of disability benefits in this Code section shall apply to those members819
918	888		who have retired on disability prior to July 1, 1990, as well as to those members who retire820
919		-	on disability on or after that date. The creditable
920		-	service of each such member who retired821
	889	+	on disability on or after that date. The creditable service of each such member who retired821
921	890		prior to July 1, 1990, shall be recomputed, and the benefits provided under this Code822
922	891		section shall be paid to such member in the future beginning July 1, 1990.823
923	892		(e) Once each year during the first five years following the commencement of disability824
924	893		benefits under this Code section, and once in every three-year period thereafter, the board825
925	894		may require a disability beneficiary who has not yet attained 65 years of age to undergo a826
926	895		medical examination, such examination to be made at his or her place of residence, or other827
927	896		place mutually agreed upon, by physicians designated by the board. The disability benefits828
928	897		recipient may himself or herself request such an examination. The designated physicians829
929	898		shall report to the board, following each such examination, the current status and condition830
930	899		of the recipient's disability.831
931	900		(f) A disabled member's disability benefits shall cease:832
932	901		(1) Upon his or her return to gainful employment with the employer for which he or she833
933	902		worked at the time his or her their disability originated;834
934	903		(2) If he or she refuses to submit to any medical examination requested under this Code835
935	904		section, in which case the benefits shall remain discontinued until the member's836
936	905		withdrawal of such refusal and submission to the requested medical examination; and,837
937	906		if his or her refusal continues for one year, all his or her rights in and to disability benefits838
938	907		may be revoked by the board;839
939	908		(3) If the board determines on the basis of any medical examination that the member has840
940	909		sufficiently recovered from his or her disability so as to again be able to perform841
941		-	S. B. 328
	910	+	S. B. 328 (SUB)
942	911		- 33 - 24 LC 56 0178S
943		-	substantially all of the duties of the position to which he or she was regularly assigned
944		-	842
	912	+	substantially all of the duties of the position to which he or she was regularly assigned842
945	913		when the disability originated, or so as to be able to engage in an occupation or gainful843
946	914		employment for which he or she is reasonably suited by virtue of his or her background,844
947	915		training, education, and experience;845
948	916		(4) If the member does in fact obtain gainful employment compensating him or her at a846
949	917		level equal to or greater than the current compensation for the position he or she occupied847
950	918		at the time his or her disability originated; or848
951	919		(5) When he or she dies.849
952	920		(g) The board shall prescribe and furnish a form and procedure for the application for850
953	921		disability benefits. Applications shall contain such information as the board shall require. 851
954	922		Upon the receipt of an application, the board may pass upon and decide whether to grant852
955	923		or deny the application on the basis of the submitted information or may refer the853
956	924		application to its duly appointed hearing officer for a recommendation. Any applicant for854
957	925		disability benefits shall have the right to request the board to refer his or her application to855
958	926		the hearing officer for a recommendation. In the consideration of any application for856
959	927		disability benefits, the receipt of disability benefits or payments by the applicant under the857
960	928		federal Social Security Act shall be deemed sufficient for eligibility for disability benefits858
961	929		under this Code section.859
962	930		(h) Any other provision of this Code section to the contrary notwithstanding, no person860
963	931		who becomes a member or again becomes a member of this fund on or after July 1, 1993,861
964	932		shall be entitled to any benefit provided for in this Code section.862
965	933		47-17-82.863
966		-	(a) A peace officer, upon becoming a member of the fund and after having designated a
967		-	864
	934	+	(a) A peace officer, upon becoming a member of the fund and after having designated a864
968	935		beneficiary, shall be issued a certificate by the board whereby the board shall agree to pay865
969	936		the sum of $3,500.00, or such lesser amount as might be arrived at under this Code section,866
970	937		to such beneficiary upon the death of such member. If a member has received $1,000.00867
971		-	S. B. 328
	938	+	S. B. 328 (SUB)
972	939		- 34 - 24 LC 56 0178S
973	940		or more in retirement benefits at the time of his or her death, such beneficiary shall only868
974	941		be entitled to receive $2,500.00 upon the death of such member. If a member has received869
975	942		less than $1,000.00 in retirement benefits at the time of his or her death, such beneficiary870
976	943		shall only be entitled to receive an amount which, when added to the amount already871
977	944		received by the member, will total $3,500.00; provided, however, that the amount to be872
978	945		paid to a member who dies with less than five years of service shall be $1,000.00. 873
979	946		Following the death of a retired member or an active member in good standing, upon874
980	947		application to the board and proof of death, the member's designated beneficiary shall be875
981	948		paid the sum of $5,000.00.876
982	949		(b) The designated beneficiary of any dues-paying member who receives an injury by877
983	950		external accident or violence arising out of and in the course of the employment as a peace878
984	951		officer and not resulting from willful misconduct of such officer, which injury is the direct879
985	952		and proximate cause of death within 12 months of the date of the injury, shall, upon880
986	953		application to the board and lawful proof of such injury and death as the direct and881
987	954		proximate result thereof, be paid a sum of $5,500.00, provided that, if such peace officer882
988	955		received any disability benefits under this chapter, the $5,500.00 death benefit provided for883
989	956		under this Code section shall be reduced in the amount of such disability benefits received;884
990	957		provided, further, that in no event shall such death benefit be less than $2,500.00,885
991	958		regardless of the amount of benefits such peace officer may have drawn prior to his death886
992	959		$10,000.00.887
993	960		(c) Applications for such benefits shall contain such information as the board shall desire888
994	961		require.889
995	962		(d) If the amount of dues paid by the member prior to vesting is greater than the amount890
996	963		of death benefit contained in subsection (a) or (b) of this Code section, the designated891
997	964		beneficiary will receive a refund of the dues paid.892
998		-	S. B. 328
	965	+	S. B. 328 (SUB)
999	966		- 35 - 24 LC 56 0178S
1000		-	47-17-83.
1001		-	893
	967	+	47-17-83.893
1002	968		(a) Upon application of any person who is or has been a member, the board may provide894
1003		-	for a refund to such person of 95
1004		-	100 percent of all dues paid by him such person for895
	969	+	for a refund to such person of 95 100 percent of all dues paid by him such person for895
1005	970		periods of service which qualify as creditable service under this chapter.896
1006	971		(b) A member who takes a refund after April 1, 1965, while still employed as a peace897
1007	972		officer shall not be eligible to be reinstated to membership and shall not be eligible to898
1008	973		receive credit for service rendered before he they again becomes become a member. After899
1009	974		a period of at least six months after taking a refund, he they may apply for new900
1010	975		membership, subject to other terms and conditions set forth in this chapter and any lawful901
1011	976		rules and regulations adopted by the board relating to membership.902
1012	977		(c) Upon application of any person who received a refund of dues prior to April 1, 1965,903
1013	978		or of any person who is not employed as a peace officer and who receives a refund of dues904
1014	979		after April 1, 1965, the board may reinstate such person as a member. Such person may905
1015	980		further be granted credit for all periods of service for which dues have previously been906
1016	981		paid, provided that such person shall, at the time of application, be a peace officer;907
1017	982		provided, further, that he tenders back to the fund all moneys and all dues previously908
1018	983		refunded, plus regular dues for any other period of service during which such person may909
1019	984		have served as a peace officer, together with interest on such amounts at the rate of 8910
1020	985		percent per annum from the date of such refund; provided, further, that, if such person has911
1021	986		served eight or more continuous months as a peace officer, beginning on or after April 1,912
1022	987		1965, without having made application for reinstatement to membership within that913
1023	988		eight-month period, his right to be so reinstated to membership shall be forever forfeited914
1024	989		and he shall not be eligible to receive credit for service rendered before he again becomes915
1025	990		a member. He may apply for new membership, subject to other terms and conditions set916
1026	991		forth in this chapter and any lawful rules and regulations adopted by the board relating to917
1027	992		membership.918
1028		-	S. B. 328
	993	+	S. B. 328 (SUB)
1029	994		- 36 - 24 LC 56 0178S
1030	995		(d) The board may refund 100 percent of any overpayment of dues paid by any person for919
1031	996		any period of membership service during which it is determined that such person was not920
1032	997		a peace officer, and he is they are not entitled to credit for such period of service.921
1033	998		ARTICLE 7922
1034	999		47-17-100.923
1035	1000		The provisions of this chapter relating to benefits and annuities shall not become operative924
1036	1001		until after the funds necessary to carry out this chapter have been provided. All claims for925
1037	1002		annuities or benefits arising before such funds are made available shall not be covered by926
1038	1003		this chapter; and the board is directed not to pay any annuities or benefits based upon any927
1039	1004		such claim; but, for the purpose of computing the length of service under this chapter, the928
1040	1005		board shall be authorized to include the period of time elapsing between February 1, 1950,929
1041	1006		and the date that it becomes operative.930
1042	1007		47-17-101.931
1043	1008		All rights and benefits under this chapter shall be subject to future legislative change or932
1044	1009		revision, and no beneficiary shall be deemed to have any vested right to any annuities or933
1045	1010		benefits under this chapter.934
1046	1011		47-17-102.935
1047	1012		If at any time the amounts derived from the different sources provided in this chapter are936
1048	1013		not sufficient to enable the board to pay in full each person determined to be entitled to937
1049	1014		annuities or benefits under this chapter, then each beneficiary shall receive a prorated938
1050	1015		percentage of the monthly benefits otherwise payable until the fund is sufficiently939
1051	1016		replenished to warrant the resumption thereafter of full payments of such annuities or940
1052	1017		benefits to each beneficiary. In no event shall the board, or any member of the board, be941
1053		-	S. B. 328
	1018	+	S. B. 328 (SUB)
1054	1019		- 37 - 24 LC 56 0178S
1055		-	liable to any beneficiary or the representatives of any beneficiary for any deficiencies in
1056		-	942
	1020	+	liable to any beneficiary or the representatives of any beneficiary for any deficiencies in942
1057	1021		payments made under this Code section.943
1058	1022		47-17-103.944
1059	1023		The right to any pension, annuity, allowance, or benefit; to the return of contributions; to945
1060	1024		a pension, annuity, allowance or benefit itself; to any optional benefit, or any other right946
1061	1025		accrued or accruing to any person under this chapter; and to moneys under this chapter947
1062	1026		shall be exempt from any tax imposed by this state, county, municipal, or other political948
1063	1027		subdivision, except as provided in Code Section 48-7-27; exempt from levy and sale,949
1064	1028		garnishment, attachment, or any other process whatsoever; and shall be unassignable unless950
1065	1029		otherwise specifically provided for in this chapter.951
1066	1030		47-17-104.952
1067	1031		Any person who knowingly furnishes false information for the purpose of becoming a953
1068	1032		member of the fund, for receiving credit for service to which he is not entitled, or for954
1069	1033		receiving benefits hereunder or any person who knowingly assists in doing any of the955
1070	1034		foregoing things shall be guilty of a misdemeanor. Any person whose duty it is to remit956
1071	1035		the sum provided for in Code Section 47-17-60 and who fails or refuses to remit such sum957
1072	1036		shall be guilty of a misdemeanor.958
1073	1037		47-17-105.959
1074	1038		If at any time a member of the fund undergoes a change of employment to a position that960
1075	1039		does not qualify the member as a 'peace officer' as such term is defined in this chapter, or961
1076	1040		if his or her job description changes in a manner that is inconsistent with such definition,962
1077	1041		such member shall have an affirmative duty to notify the board of such change963
1078	1042		immediately. The board is not authorized to accept membership dues from any such964
1079		-	S. B. 328
	1043	+	S. B. 328 (SUB)
1080	1044		- 38 - 24 LC 56 0178S
1081		-	member or to pay benefits calculated on service after such a change of employment or job
1082		-	965
	1045	+	member or to pay benefits calculated on service after such a change of employment or job965
1083	1046		description."966
1084	1047		SECTION 2.967
1085	1048		This Act shall become effective on July 1, 2024, only if it is determined to have been968
1086	1049		concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia969
1087	1050		Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not970
1088	1051		become effective and shall be automatically repealed in its entirety on July 1, 2024, as971
1089	1052		required by subsection (a) of Code Section 47-20-50.972
1090	1053		SECTION 3.973
1091	1054		All laws and parts of laws in conflict with this Act are repealed.974
1092		-	S. B. 328
	1055	+	S. B. 328 (SUB)
1093	1056		- 39 -