24 LC 56 0178S
Senate Bill 328
By: Senators Albers of the 56th and Robertson of the 29th
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and
1
pensions, so as to revise many provisions of the Peace Officers' Annuity and Benefit Fund;2
to revise provisions related to eligibility and full-time employment; to revise provisions3
related to the appointment, terms of office, and duties of the board of trustees; to change the4
title for the secretary-treasurer to executive director; to increase monthly dues; to revise5
procedures for delinquent dues; to change certain aspects for purchases of creditable service;6
to change payments from monthly to annual; to allow benefits prior to termination of7
employment; to revise benefit calculations; to provide for the refund of contributions; to8
provide for related matters; to provide for conditions for an effective date and automatic9
repeal; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is13
amended by revising Chapter 17, relating to the Peace Officers' Annuity and Benefit Fund,14
as follows:15
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"CHAPTER 17
16
ARTICLE 117
47-17-1.18
As used in this chapter, the term:19
(1) 'Board' means the Board of Commissioners of the Peace Officers' Annuity and20
Benefit Fund.21
(1.1) 'Creditable service' means approved prior service plus membership service.22
(1.2) 'Full time' means regularly working a minimum of 30 hours per week or 120 hours
23
per 28 day period for a law enforcement unit or communications center.24
(2) 'Fund' means the Peace Officers' Annuity and Benefit Fund.25
(3) 'Income' means any and all income received by a peace officer for services rendered,26
whether such income is in the form of salary, fees, subsistence allowance or other type27
of allowance, or any combination thereof.28
(4) 'Member' means a member of the Peace Officers' Annuity and Benefit Fund.29
(4.1) 'Membership service' means service which is rendered by an employee while he or30
she is a member of the fund and for which credit is allowable under this chapter.31
(5) 'Peace officer' means:32
(A) Any person who is employed full time by an enforcement unit or communications33
center, agency, or department of the state or any municipality, county, or other political34
subdivision thereof, recognized by the Georgia Peace Officer Standards and Training35
Council, who is required by the terms of such person's employment to comply with the36
requirements of the 'Georgia Peace Officer Standards and Training Act' contained in37
Chapter 8 of Title 35, and who has satisfactorily completed one or more of the38
following basic training courses approved by the POST Council:39
(i) Law enforcement;40
(ii) Communications officer;41
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(iii) Correctional officer;42
(iv) Probate/Parole officer;43
(v) Jail officer; or44
(vi) Juvenile correctional officer;45
(B) All employees of the Peace Officers Annuity and Benefit Fund who are required46
by the terms of their employment to devote their full time to such job; and47
(C) Any person who was a member of the fund pursuant to the definitions contained48
in subparagraphs (A) and (B) of this paragraph and who is subsequently promoted to49
a position of similar duties but broader supervisory duties, if such person's new position50
requires him or her to comply with the standards contained in Chapter 8 of Title 35, the51
'Georgia Peace Officers Standards and Training Act.'52
(A) Any peace officer who is employed by this state or any municipality, county, or53
other political subdivision thereof who is required by the terms of such peace officer's54
employment, whether by election or appointment, to give such peace officer's full time55
to the preservation of public order, the protection of life and property, or the detection56
of crime in this state or any municipality, county, or other political subdivision thereof57
and who is required by the terms of such peace officer's employment to comply with58
the requirements of the 'Georgia Peace Officer Standards and Training Act' contained59
in Chapter 8 of Title 35, provided that, for the purposes of this chapter, any deputy60
sheriff employed as such by a sheriff of this state shall be deemed to be employed by61
the county in which such sheriff serves;62
(B) Any warden or correction officer of state or county correctional institutions and63
any warden or correction officer of municipal correctional institutions of a municipality64
having a population of 70,000 or more according to the United States decennial census65
of 1970 or any future such census who is required by the terms of his or her66
employment as such warden or correction officer to give his or her full time to his or67
her job as such warden or correction officer; and any warden or correction officer of a68
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municipal correctional institution who on or before October 1, 1962, pays dues for prior69
service shall be deemed to have been a member for such periods and shall be entitled70
to all the rights and benefits to which other members during such periods are entitled,71
provided that any such warden or correction officer as provided in this subparagraph72
is required by the terms of his or her employment to comply with the requirements of73
the 'Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title74
35;75
(C) All employees of the Peace Officers' Annuity and Benefit Fund who are required76
by the terms of their employment to devote their full time to such job; and any such77
full-time employee who on or before October 1, 1962, paid dues for prior service shall78
be deemed to have been a member for such periods and shall be entitled to all the rights79
and benefits to which other members are entitled;80
(D) Any parole officers who are required by the terms of their employment to devote81
full time to their job;82
(E) Any law enforcement employee of the Alcohol and Tobacco Tax Unit of the83
Department of Revenue who is required by the terms of his or her employment to84
devote his or her full time to his or her job as a law enforcer, and any supervisor of such85
employees who, himself or herself, is assigned to the Alcohol and Tobacco Tax Unit86
and who is required by the terms of his or her employment to have arrest powers and87
to enforce the alcohol and tobacco tax laws;88
(F) Any person employed by the Department of Transportation who is designated by89
the commissioner of transportation as an enforcement officer pursuant to Code Section90
32-6-29, provided that such enforcement officers shall be entitled to creditable service91
toward retirement only for membership service rendered after April 5, 1978, and only92
for membership service which is rendered in such capacity prior to July 1, 2001;93
(G) Any full-time identification technician or identification supervisor employed by94
this state, or any subdivision or municipality thereof, whose duties include the95
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investigation and detection of crime or whose duties are supervisory over those96
identification technicians whose duties include the investigation and detection of crime97
in this state, and who has been considered a member of the Peace Officers' Annuity and98
Benefit Fund, and paid dues thereto, at any time on or before July 1, 1981; and such99
identification technicians and identification supervisors shall be deemed to have been100
members for such prior period of service that dues were paid and shall be entitled to all101
rights and benefits to which other members are entitled;102
(H) Reserved;103
(I) Persons in the categories listed below who are required, as a condition necessary to104
carry out their duties, to be certified as peace officers pursuant to the provisions of105
Chapter 8 of Title 35, known as the 'Georgia Peace Officer Standards and Training Act':106
(i) Persons employed by the Department of Juvenile Justice who have been107
designated by the commissioner of juvenile justice to investigate and apprehend108
delinquent children or children in need of services who have escaped from an109
institution or facility or have broken their conditions of supervision; any employee of110
the Department of Juvenile Justice whose full-time duties include the preservation of111
public order, the protection of life and property, the detection of crime, or the112
supervision of delinquent children or children in need of services in its institutions,113
facilities, or programs or who is a line supervisor of any such employee, provided that114
the powers of a peace officer have been conferred upon such person pursuant to115
Chapter 4A of Title 49;116
(ii) Narcotics agents retained by the director of the Georgia Bureau of Investigation117
pursuant to the provisions of Code Section 35-3-9;118
(iii) Investigators employed by the Secretary of State as securities investigators119
pursuant to the provisions of Code Section 10-5-10;120
(iv) Investigators employed by the Secretary of State as investigators for the121
professional licensing boards pursuant to the provisions of Code Section 43-1-5;122
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(v) Persons employed by the Department of Driver Services to whom the123
commissioner of driver services has delegated law enforcement powers; provided,124
however, that no such person shall be entitled to obtain any prior creditable service125
other than actual membership service;126
(vi) Persons employed by the Georgia Composite Medical Board as investigators127
pursuant to subsection (e) of Code Section 43-34-6; and128
(vii) Persons employed by the Georgia Board of Dentistry as investigators pursuant129
to subsection (d) of Code Section 43-11-2.1;130
(J) Any person who was a member of the fund pursuant to the definitions contained in131
subparagraphs (A) through (I) of this paragraph and who is subsequently promoted to132
a position of similar duties but broader supervisory duties, if such person's new position133
requires him or her to comply with the standards contained in Chapter 8 of Title 35, the134
'Georgia Peace Officer Standards and Training Act,' and such person retains his or her135
powers of arrest;136
(K) Any employee of the Department of Corrections whose full-time duties include the137
preservation of public order, the protection of life and property, the detection of crime,138
or the supervision of inmates and detainees or who is a line supervisor of any such139
employee, provided that all such persons are required to comply with the requirements140
of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' in141
order to hold their positions and in addition have been conferred with the powers of a142
police officer pursuant to Code Section 42-5-35;143
(L) Each jail officer, as such term is defined in the Code Section 35-8-2, who is144
certified by the Georgia Peace Officer Standards and Training Council and who145
maintains compliance with Chapter 8 of Title 35, the 'Georgia Peace Officer Standards146
and Training Act'; and147
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(M) Each communications officer, as such term is defined in Code Section 35-8-23,148
who is certified or maintains compliance with rules and regulations prescribed by the149
Georgia Peace Officer Standards and Training Council with respect to such position.150
(6) 'Service,' as used to determine the amount of annuities or benefits due any beneficiary151
under this chapter, means the total number of years in the aggregate actually served by152
a peace officer, computed from the date such peace officer began his service as a peace153
officer.154
ARTICLE 2155
47-17-20.156
(a) In order to carry out this chapter and to perform the duties fixed in it, there is created157
the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund. The board158
shall be composed of six members, as follows:159
(1) The Governor or the Governor's designee;160
(2) An appointee of the Governor who is not the Attorney General;161
(3) The Commissioner of Insurance or the Commissioner's designee;162
(4) A peace officer actively employed by an agency of the state or a retired peace officer163
who was employed by an agency of the state upon retirement;164
(5) A peace officer actively employed by a county or a retired peace officer who was165
employed by a county upon retirement; and166
(6) A peace officer actively employed by a municipality or a retired peace officer who167
was employed by a municipality upon retirement.168
(b) Each of the members provided for under paragraphs (4), (5), and (6) of subsection (a)169
of this Code section shall be an active member of the fund or a retired peace officer who170
is a beneficiary of the fund. Each such member Members shall be appointed by the171
Governor to staggered three-year terms. take office on July 1, 1984. The initial member172
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appointed pursuant to paragraph (4) of subsection (a) of this Code section shall be the173
successor to incumbent board member, Sergeant Robert Brown, whose regular term of174
office expires October 31, 1984, and the term of said incumbent member is shortened to175
expire on June 30, 1984; and the initial term of the successor appointed by the Governor176
shall be one year. The initial member appointed pursuant to paragraph (5) of subsection (a)177
of this Code section shall be the successor to incumbent board member, Captain Raymond178
Purvis, whose regular term of office expires on October 31, 1985, and the term of said179
incumbent member is shortened to expire on June 30, 1984; and the initial term of the180
successor appointed by the Governor shall be two years. The initial member appointed181
pursuant to paragraph (6) of subsection (a) of this Code section shall be the successor to182
incumbent board member, Sergeant Terry McAfee, whose regular term of office expires183
October 31, 1984, and the term of said incumbent member is shortened to expire on June184
30, 1984; and the initial term of the successor appointed by the Governor shall be three185
years. Thereafter, successors to such members shall be appointed by the Governor to take186
office upon the expiration of the respective terms of office for terms of three years. All187
such members shall serve until their successors are appointed and qualified.188
(c) If a vacancy occurs in a position on the board held by one of the members appointed189
pursuant to subsection (b) of this Code section, the Governor shall fill such vacancy for the190
unexpired term within 30 days after the date the vacancy occurred. The members of the191
board shall receive the same expense allowance as that received by members of the General192
Assembly and the same mileage allowance for the use of a personal automobile as that193
received by other state officials or employees or a travel allowance of actual transportation194
costs if traveling by public carrier within the state. Any board member shall also be195
reimbursed for any conference or meeting registration fee incurred in the performance of196
the member's duties as a board member. For each day's service outside of the state as a197
board member, such member shall receive actual expenses as an expense allowance as well198
as the same mileage allowance for the use of a personal automobile as that received by199
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other state officials and employees or a travel allowance of actual transportation costs if
200
traveling by public carrier or by rental motor vehicle. The board, by regulation, shall201
provide for the submission and approval of expense vouchers in conformity with the202
requirements of this subsection.203
(d) The board shall elect from its members a chairman
chairperson and a vice-chairman204
vice chairperson.205
(e) A majority of the members of the board shall constitute a quorum for the purpose of206
transacting all business that may come before the board.207
(f) The executive committee of the Peace Officers' Association of Georgia shall may208
submit to the Governor a list of three names for each person to be appointed by the209
Governor pursuant to subsection (b) of this Code section as a member of the board. In210
making appointments pursuant to subsection (b) of this Code section, the Governor may211
consider the names submitted by the executive committee, but it is specifically provided212
that the appointments shall be at the sole discretion of the Governor, and the Governor shall213
not be required to choose any appointee from names submitted by the executive committee.214
47-17-21.215
(a) There is created the office of secretary-treasurer executive director of the Peace216
Officers' Annuity and Benefit Fund. The secretary-treasurer executive director shall be217
elected by the board, and shall serve at its pleasure. His compensation shall be fixed by the218
board. He, and shall perform the duties provided for in this chapter and such other duties219
and services as the board may direct. The board shall fix the compensation of the executive220
director.221
(b) The secretary-treasurer executive director shall give a good and sufficient surety bond222
in such an amount as may be determined by the board, and such surety bond shall be223
conditioned upon the proper and faithful performance of his duties as secretary-treasurer224
the duties of the executive director.225
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(c) The secretary-treasurer shall make quarterly reports to the board showing the total226
amount of money in his hands at the time of making such report and also showing a full227
accounting of receipts and expenditures since his last quarterly report. Subject to direction228
and limitations as may be set by the board, the executive director shall be authorized to229
enter into agreements for the acquisition of goods and services for the fund.230
47-17-22.231
The board is given the following powers and duties:232
(1) To provide for the collection of all moneys provided for in this chapter;233
(2) To provide for payment of all annuities and benefits under this chapter;234
(3) To provide for and maintain all necessary administrative facilities and personnel;235
(4) To provide for payment of all administrative salaries, fees, and expenses;236
(5) To hear and determine applications for membership in this fund according to the237
terms of this chapter;238
(6) To hear and determine applications for retirement, disability, and death benefits239
according to the terms of this chapter;240
(7) To make rules, regulations, and requirements consistent with this chapter for241
determining eligibility of members for disability, death, and retirement benefits;242
(8) To bring and defend actions;243
(8)(9) To delegate its authority to invest funds to one or more members of the board;244
(9)(10) To provide for the keeping of minutes and records of all meetings and245
proceedings of the board, including all rules, regulations, delegations, and requirements246
passed upon by the board;247
(10)(11) To delegate any and all duties and authorities granted in this Code section to the248
secretary-treasurer executive director under such conditions as may be deemed proper by249
the board, provided that the board shall at all times hear and determine any matter arising250
under this chapter if it so desires, if such matter is referred to it by the secretary-treasurer251
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executive director, or if such matter is appealed to the board by any person affected by252
a decision made by the secretary-treasurer executive director;253
(11)(12) To exercise such other powers, not inconsistent with this chapter, as are254
necessary for the proper administration of this chapter; and255
(13) To contract with other public retirement funds, and any department, agency, or256
authority of the state or municipality or county, for the provision of administrative257
services and investment of assets; and258
(12)(14) To correct errors in the records of the fund in those instances in which an error259
results in a member or beneficiary receiving more or less than he or she they would have260
been entitled to receive had the records been correct and to adjust the payments, as far as261
is practicable, in such a manner that the member or beneficiary is paid the actuarial262
equivalent of the benefit to which he or she is they are actually entitled.263
47-17-23.264
(a) The board shall have such control of the funds provided for in this chapter as is not265
inconsistent with this chapter and other general laws. All funds received by the board shall266
be deposited in a special account accounts in the name of the Peace Officers' Annuity and267
Benefit Fund. The board shall have the authority to expend such funds in accordance with268
this chapter.269
(b) The board shall have full power to invest and reinvest such funds, subject to all the270
terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this271
title, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms,272
conditions, limitations, and restrictions, the board shall have full power to hold, purchase,273
sell, assign, transfer, and dispose of any of the securities and investments in which any of274
the funds are invested, including the proceeds of any investments and any money belonging275
to the fund.276
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(c) The board may take, by gift, grant, devise, or bequest, any money, real or personal
277
property, or any other thing of value and hold or invest it for the uses and purposes of the278
fund in accordance with this chapter.279
(d) The board is authorized to employ agents, including, but not limited to, banks or trust280
departments thereof, and to enter into contracts with such agents for their services as281
investment advisers and counselors, in making recommendations for investments and in282
making investments if the board so authorizes.283
47-17-24.284
It shall be the duty of the board to keep permanent records of all its actions in granting285
annuities or benefits. Such records shall give the name of the recipient, the date of the286
beginning of the membership
service of the involved peace officer, the date of such287
officer's incapacity, retirement, or death, the reason therefor, and such other information288
as the board shall desire. All records, papers, and other data shall be carefully preserved289
and turned over to the succeeding members of the board.290
47-17-25.291
The state auditor is authorized and directed to make an annual audit of the acts and doings292
of the board and to make a complete report of the same to the General Assembly. The state293
auditor shall not be required to distribute copies of the report to the members of the General294
Assembly but shall notify the members of the availability of the report in the manner which295
he or she deems to be most effective and efficient. The report shall disclose all moneys296
received by the board and all its expenditures including administrative expenses and297
payments made as annuities and benefits. The state auditor shall also make an audit of298
affairs of the board at any time he or she is if requested to do so by a majority of the board.299
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47-17-26.
300
(a) Subject to the terms and limitations of this Code section, the board of commissioners301
is authorized to adopt from time to time a method or methods of providing for increases in302
the maximum monthly retirement benefit payable under Article 6 of this chapter for303
persons theretofore or thereafter retiring under this chapter. Such method shall be based304
upon:305
(1) The recommendation of the actuary of the board of commissioners;306
(2) The maintenance of the actuarial soundness of the fund in accordance with the307
standards provided in Code Section 47-20-10 or such higher standards as may be adopted308
by the board; and309
(3) Such other factors as the board deems relevant.310
Any such increase may be uniform or may vary in accordance with the time of retirement,311
length of creditable
service, age, nature of the retirement, or such other factors as the board312
of commissioners shall determine.313
(b) An initial increase may be granted pursuant to subsection (a) of this Code section to314
become effective on July 1, 1993, not to exceed 3 percent of the maximum monthly315
retirement benefit then in effect. Thereafter, such increases may be authorized effective316
as of January 1 and July 1 of each year; provided, however, that no such increase shall317
exceed 1 1/2 percent of the maximum monthly retirement benefit then in effect.318
(c) No increase shall be made pursuant to subsection (a) of this Code section to become319
effective within six months of the effective date of any increase in the maximum retirement320
benefit granted by the General Assembly through amendment of Code Section 47-17-80.321
47-17-27.322
(a) The board is authorized and empowered to appoint and compensate a hearing officer323
for the purpose of holding hearings, compiling evidence and information, and submitting324
evidence, information, and recommendations to the board in any contested case.325
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(b) The hearing officer shall have the authority to do the following in connection with any
326
hearing: administer oaths and affirmations; sign and issue subpoenas; rule upon offers of327
proof; regulate the course of the hearing, set the time and place for the hearing or any328
continued hearings, and fix the time for filing any briefs; provide for the taking of329
testimony by deposition or interrogatory; and reprimand or exclude from the hearing any330
person for any indecorous or improper conduct committed in the presence of the hearing331
officer. When a subpoena issued by the hearing officer is disobeyed, any interested party332
may apply to the superior court of the county where the hearing is being held for an order333
requiring obedience. Failure to comply with such order shall be cause for punishment as334
for contempt of court. Any applicant for disability benefits shall have the right to be335
represented by counsel before the hearing officer.336
(c) With respect to all hearings before the hearing officer:337
(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules338
of evidence as applied in the trial of civil nonjury cases in the superior courts shall be339
followed. Evidence not admissible under such rules of evidence may be admitted if it is340
of a type commonly relied upon by reasonably prudent persons in the conduct of their341
affairs. The hearing officer shall give effect to the rules of privilege recognized by law;342
and343
(2) Documentary evidence may be received in the form of copies or excerpts if the344
original is not readily available. At the discretion of the hearing officer, the original shall345
be compared with the copy or excerpt.346
(d) The hearing officer, within 30 days from the close of the evidence or, if necessary, a347
longer period of time approved by the board, shall certify the entire record from the hearing348
to the board, together with his or her recommendation on the application. On review of the349
entire record from the hearing officer, the board shall have all the powers it would have in350
presiding at the reception of the evidence. In its discretion, the board may take additional351
testimony or remand the matter to the hearing officer for such purpose. The352
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recommendation of the hearing officer to the board shall be made a part of the record
353
before the board.354
(e) As a part of its decision subsequent to any hearing, the board shall include findings of355
fact and conclusions of law, separately stated, and the effective date of the decision. The356
decision of the board shall be mailed to the parties as soon after the rendition of the357
decision as is practicable.358
(f) Any party who is adversely affected by any final decision of the board may seek359
judicial review of the final decision of the board in the Superior Court of Spalding County. 360
Proceedings for review shall be instituted by filing a petition with the court within 30 days361
after the decision is rendered. A copy of the petition shall be served upon the board. The362
petition shall state the nature of the petitioner's interest, the facts showing that the petitioner363
is aggrieved by the decision of the hearing officer, and the grounds upon which the364
petitioner contends the decision should be reversed or remanded. The petition may be365
amended with leave of the court.366
(g) Within 30 days after the service of the petition or within further time allowed by the367
court, the hearing officer shall transmit to the reviewing court the original or a certified368
copy of the entire record of the proceeding under review. By agreement of the petitioner,369
the record may be shortened. The court may require or permit subsequent corrections or370
additions to the record.371
(h) The filing of the petition shall in no manner stay the enforcement of the decision of the372
hearing officer.373
(i) The review shall be conducted by the court without a jury and shall be confined to the374
record. The court shall not substitute its judgment for that of the hearing officer as to the375
weight of the evidence on questions of fact. The court may affirm the decision of the376
hearing officer or remand the case for further proceedings. The court may reverse the377
decision of the hearing officer if substantial rights of the petitioner have been prejudiced378
because the findings, inferences, conclusions, or decisions of the hearing officer are:379
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(1) In violation of constitutional or statutory provisions;
380
(2) In excess of the statutory authority of the hearing officer;381
(3) Made upon unlawful procedure;382
(4) Clearly erroneous in view of the reliable, probative, and substantial evidence on the383
whole record; or384
(5) Arbitrary or capricious.385
(j) A petitioner who is aggrieved by an order of the court in a proceeding authorized under386
this Code section may appeal to the Supreme Court of Georgia or the Court of Appeals of387
Georgia in accordance with Title 5.388
ARTICLE 3389
47-17-40.390
(a) In order to obtain membership in the fund, a peace officer shall make application to the391
board upon an application form to be furnished by it for that purpose. It shall be the duty392
of the employing authority to notify the board within 30 days from the date a peace officer
393
is employed, furnishing the name and mailing address of such peace officer. The board394
shall furnish an application for membership form and a certification by employing395
authority form to such peace officer within 15 30 days after such notification from the date396
of employment. The application form shall be accompanied by such material and397
information as will enable the peace officer to determine the benefits to be derived by398
virtue of said peace officer's membership in the fund. An applicant must furnish proof of399
the date of such applicant's birth, and such proof shall be in such form as shall be required400
by the board.401
(b) Reserved.402
(c) In addition to the requirements stated in this Code section, an application for403
membership shall contain such other information as may be required by the board.404
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47-17-41.
405
The board may provide by rule and regulation for the retention of any legally qualified
406
member who has temporarily ceased employment as a peace officer and for credit for such407
period, provided that an application for retention of membership is submitted not later than408
90 days after such employment has ceased; and provided, further, that he or she shall pay409
to the fund the amounts required for such period. Such member may obtain one month of410
such credit for each month of active membership performed after the period of411
unemployment as a peace officer; provided, however, that not more than 12 months of412
absence from such employment shall be allowed under this Code section during a member's413
entire membership in the fund Reserved.414
47-17-42.415
Any other provisions of this chapter to the contrary notwithstanding, any person who was416
totally blinded in the line of duty as a peace officer prior to the creation of the fund and417
who has been unable to serve as a peace officer since that injury is authorized to become418
a member of the fund, regardless of whether such person is now or hereafter a peace419
officer. If he elects to join the fund, he shall pay into it the amount which he would have420
paid had he joined the fund upon its creation and continued as a member since that time,421
which amount shall be determined by the board. Upon such payment he shall be422
authorized to receive the maximum disability benefits under Code Section 47-17-81423
without the necessity of complying with any time limitations contained in that Code424
section. In addition to such benefits as provided for in this chapter, the fund may choose425
to offer and provide other benefits as it may determine to be advisable and financially426
feasible.427
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47-17-43.
428
Nothing contained in this chapter shall be construed so as to prevent any peace officer who429
is a member of the fund from belonging to any other retirement, annuity, or benefit system.430
47-17-44.431
(a)(1) Beginning on July 1, 2020, and ending on June 30, 2021, each member shall pay
432
monthly dues into the fund of $25.00.433
(2)(A) On and after July 1, 2021, each member shall pay monthly dues into the fund in an434
amount to be determined annually by the board that shall be at least $25.00, but shall not435
exceed $50.00.436
(b) On and after July 1, 2024, each member shall pay monthly dues into the fund in an437
amount to be determined annually by the board that shall be at least $35.00, but shall not438
exceed $70.00.439
(B)(c) The base amount of monthly dues established pursuant to this paragraph Code440
section shall apply uniformly to all members.441
(C)(d) The board shall determine the monthly dues amount based on:442
(i)(1) The recommendation of the actuary of the board;443
(ii)(2) The maintenance of the actuarial soundness of the fund in accordance with the444
minimum funding standards provided in Code Section 47-20-10 or such higher standards445
as may be adopted by the board; and446
(iii)(3) Such other factors as the board declares determines relevant.447
(3)(e) Each month's dues shall be paid not later than the tenth day of that month. Any448
member of the fund who becomes delinquent in payment of dues by failure to pay the449
prescribed amount by the tenth of any month shall be notified of such delinquency by the450
executive director on the tenth of the following month. If payment is not received by the451
tenth of the next month, the member shall be removed from active status in the fund and452
notified by mail. Any member who is dropped for nonpayment of dues shall have six453
S. B. 328
- 18 - 24 LC 56 0178S
months from the last fully paid month to reinstate their membership. The member shall454
pay all back dues together with a $100.00 reinstatement fee to avoid a break in service. No455
previously verified creditable service credit will be lost upon reinstatement. After the456
six-month reinstatement period has expired, credit for prior service may only be obtained457
by tendering to the board an amount equal to the full actuarial cost of such time as458
calculated by the actuary for the fund only after the member has resumed monthly459
payments.460
(4)(f) Each member shall be required to pay such dues for a minimum period of ten years,461
or 15 years for individuals who became members on or after July 1, 2010, before being462
eligible to receive the retirement benefits under this chapter, provided that, if such member463
is eligible to retire under this chapter and so desires, such member may retire, and the board464
shall deduct such monthly amount from his or her retirement benefits until he or she has465
paid dues into the fund for a period of ten years or 15 years for individuals who became466
members on or after July 1, 2010.467
(b) No member shall receive credit for any service performed after March 1, 1951, unless468
such member has paid into the fund the amount required for such service. Upon469
application of any peace officer who applies for membership and who owes dues for470
service since March 1, 1951, the board may allow and provide for periodic payments of471
such dues over a period of not more than 36 months immediately subsequent to the date of472
his or her acceptance as a member.473
(c) Except as provided in subsection (d) of this Code section, any member of the fund who474
has not obtained creditable service for prior service pursuant to the provisions of subsection475
(a) of Code Section 47-17-70 may obtain such service by tendering to the board an amount476
equal to the dues at the rate of $20.00 per month plus 10 percent interest per annum477
compounded annually from the date the prior service was rendered to the date of payment478
for all years claimed as prior service; provided, however, that no member shall be allowed479
to purchase more than a total of five years of such creditable service; provided, further,480
S. B. 328
- 19 - 24 LC 56 0178S
however, that any member who becomes or again becomes a member of the fund on or481
after July 1, 1994, must have been an active member of the fund for five years or more to482
obtain the prior service credit provided for in this subsection.483
(d) Any member of the fund who qualifies for membership under the definition contained484
in subparagraph (J) of paragraph (5) of Code Section 47-17-1 who has not obtained485
creditable service for prior service pursuant to the provisions of subsection (a) of Code486
Section 47-17-70 may obtain such service by tendering to the board an amount equal to the487
dues at the rate of $20.00 per month plus 10 percent interest per annum compounded488
annually from the date the prior service was rendered to the date of payment for all years489
claimed as prior service.490
ARTICLE 4491
47-17-60.492
(a) The greater of $10.00 or 10 percent of each bond forfeited and collected in any493
criminal or quasi-criminal case for violation of state statutes, county ordinances, or494
municipal ordinances, which case is before any court or tribunal in this state, shall be paid495
to the secretary-treasurer executive director. An amount equal to the greater of $10.00 or496
10 percent of each fine imposed in any criminal or quasi-criminal case for violation of state497
statutes, county ordinances, or municipal ordinances, which case is before any court or498
tribunal in this state, shall be added to the amount of the fine imposed and collected, and,499
once collected, shall be paid to the secretary-treasurer executive director. For purposes of500
determining amounts to be paid to the secretary-treasurer executive director, the amount501
of the fine or bond collected shall be deemed to include costs. The amounts provided for502
shall be paid to the secretary-treasurer executive director before the payment of any costs503
or any claim whatsoever against such fine or forfeiture. The collecting authority shall pay504
such amounts to the secretary-treasurer executive director on the first day of the month505
S. B. 328
- 20 - 24 LC 56 0178S
following that in which they were collected or at such other time as the board may provide.
506
With such payment there shall be filed an acceptable form which shows the number of507
cases in each of the above categories and the amounts due in each category. It shall be the508
duty of the collecting authority to keep accurate records of the amounts due the board so509
that the records may be audited or inspected at any time by any representative of the board510
under its direction. Sums remitted to the secretary-treasurer
executive director under this511
Code section shall be used as provided for elsewhere in this chapter.512
(a.1) The greater of 5 percent or $5.00 of each fee collected prior to adjudication of guilt513
for purposes of pretrial diversion pertaining to any criminal or quasi-criminal case for514
violation of state statutes, county ordinances, or municipal ordinances as provided for in515
subsection (f) of Code Section 15-18-80, which case is before any court or tribunal in this516
state, shall be paid to the secretary-treasurer executive director. The clerk of court as517
provided for in subsection (f) of Code Section 15-18-80 shall pay such amounts to the518
secretary-treasurer executive director on the first day of the month following that in which519
they were collected or at such other time as the board may provide. With such payment520
there shall be filed an acceptable form from the clerk of court which shows the number of521
cases in each of the above categories and the amounts due in each category. It shall be the522
duty of the clerk of court to keep accurate records of the amounts due the board so that the523
records may be audited or inspected at any time by any representative of the board under524
its direction. Sums remitted to the secretary-treasurer executive director under this Code525
section shall be used as provided for elsewhere in this chapter.526
(b) If the collecting authority fails to remit such amounts with an acceptable form properly527
filled out within 60 days of the date on which such remittal is due, the same shall be528
delinquent, and there shall be imposed, in addition to the principal amount due, a specific529
penalty in the amount of 5 percent of the principal amount per month for each month530
during which the funds continue to be delinquent, provided that such penalty shall not531
exceed 25 percent of the principal due. In addition to such penalty, interest shall be532
S. B. 328
- 21 - 24 LC 56 0178S
charged on delinquent amounts at the rate of 6 percent per annum from the date the funds
533
become delinquent until they are paid. By affirmative vote of all members, the board, upon534
the payment of the delinquent funds together with interest and for good cause shown, may535
waive the specific penalty otherwise charged under this subsection.536
47-17-61.537
The Georgia Composite Medical Board shall pay an employer contribution for each person
538
of its investigators who becomes a member of the fund pursuant to division (5)(I)(vi) of539
Code Section 47-17-1. Such contribution shall be the full actuarial cost of the member's540
participation as calculated by the actuary for the fund and shall be made on a monthly an541
annual basis.542
47-17-62.543
The Georgia Board of Dentistry shall pay an employer contribution for each person of its544
investigators who becomes a member of the fund pursuant to division (5)(I)(vii) of Code545
Section 47-17-1. Such contribution shall be the full actuarial cost of the member's546
participation as calculated by the actuary for the fund and shall be made on a monthly an547
annual basis.548
47-17-63.549
The board, the Georgia Emergency Communications Authority, and the Department of550
Revenue shall coordinate to the extent necessary to ensure that the fund receives the551
amounts that it is owed pursuant to subsection (a) of Code Section 38-3-188.552
S. B. 328
- 22 - 24 LC 56 0178S
ARTICLE 5
553
47-17-70.554
(a) No peace officer who first makes application for membership in the fund on or after
555
May 1, 1968, shall be given credit for any prior service, and such peace officer shall556
receive credit only from the date he or she becomes a member of the fund; provided,557
however, a Any nonretired member of the fund may claim a maximum of five years for558
service rendered as a peace officer prior to such member's joining the fund if such member559
complies with subsection (c) of Code Section 47-17-44 and remains an active member of560
the fund for a period of time at least equal to the number of years claimed for prior service;561
provided, further, that any member defined in subparagraph (J) of paragraph (5) of Code562
Section 47-17-1 may claim service as a peace officer prior to such member's joining the563
fund without regard to such five-year limitation if such member complies with subsection564
(c) of Code Section 47-17-44 by tendering to the fund the full actuarial cost of such time565
as calculated by the actuary for the fund. All purchased time shall count toward vesting.566
(b) A member who is determined by the board to be in good standing and who enlists in567
or is drafted into any branch of the armed forces of the United States shall not be required568
to remit any funds to the board during such period of service and shall receive credit for569
such service, provided that such member left his their work as a peace officer to enter the570
armed forces of the United States and returned to work as a peace officer within six months571
after he they ceased such service and engaged in no other type of work within such572
six-month period. Such member shall receive one year of creditable service for each year573
of service in the armed forces of the United States, provided that there shall be a limit of574
five years of credit for such service. If a member remains in the armed forces of the United575
States longer than five years, his their membership shall be terminated at the end of such576
five-year period but shall be reinstated if he returns they return to work as a peace officer577
S. B. 328
- 23 - 24 LC 56 0178S
within six months after he ceases they cease such service and if he has they have not578
engaged in any other type of work within such six-month period.579
47-17-71.580
(a) It is the intent of the General Assembly to provide for the grant of creditable service581
to any active member of the fund for each month of prior service as a peace officer582
rendered prior to January 1, 1976, if during such period the member was denied583
membership in the fund or was actively prevented from making such application because584
of his or her race or ethnicity.585
(b) The board is authorized and directed to receive the applications of such members as586
would be eligible to receive creditable service under the terms and conditions as set forth587
in subsection (c) of this Code section. Entitlement to such creditable service shall attach588
upon the submission of application, subject to all provisions of this Code section relative589
to funding.590
(c) A member wishing to establish creditable service for service performed prior to591
January 1, 1976, as provided in subsection (a) of this Code section, must make written592
application to the board during the six-month period from July 1, 2006 through December593
31, 2006, and:594
(1) Provide the board with such proof of prior service as the board deems necessary,595
which shall include, at a minimum, pay records, tax returns, W-2 statements, or a sworn596
statement of the employer stating that the employment records bear proof of such597
employment. Such statement shall be subject to a civil fine of $5,000.00 for false598
swearing; and599
(2) Provide the board with a sworn statement of the applicant that he or she applied for600
membership in the fund and was denied membership, or that he or she was actively601
prevented from making such application because of his or her race or ethnicity. Such602
statement shall be subject to a civil fine of $5,000.00 for false swearing.603
S. B. 328
- 24 - 24 LC 56 0178S
(d) As soon as practicable following the last day for application, the board shall cause the
604
actuary for the fund to determine the amount of funding necessary to grant the creditable605
service to all members whose applications are accepted and approved in accordance606
without creating any actuarial accrued liability as to the fund, in accordance with the607
provisions of Chapter 20 of this title, the 'Public Retirement Systems Standards Law.' A608
pro rata portion of one-half of such amount, determined by the number of months of609
creditable service requested by each person, shall be assigned as such person's employee610
contribution required to receive such creditable service. The board shall notify each611
applicant of his or her pro rata share, and each such person shall pay such amount to the612
board not later than March 1, 2007, or thereafter be ineligible to receive such creditable613
service. During the regular 2007 session, the General Assembly may appropriate funds614
sufficient to cover one-half of the amount determined by the actuary as necessary to grant615
the creditable service, together with any portion of the total required employee contribution616
which was not received by the board from the applicants by March 1, 2007.617
(e) The creditable service provided for in subsection (a) of this Code section shall be618
granted on July 1, 2007, only if the board receives the full amount determined by the619
actuary as
necessary to implement the provisions of this Code section. Otherwise, the 620
board shall refund all amounts received from the members as employee contributions,621
together with regular interest thereon, and this Code section shall thereafter have no effect.622
ARTICLE 6623
47-17-80.624
(a) At the time a member qualifies for retirement payments, such member must choose a625
payment option provided for in this Code section. A member shall become eligible to626
begin receiving benefits on the first day of the month following the month in which the627
member qualified for retirement and terminated active employment as a peace officer;628
S. B. 328
- 25 - 24 LC 56 0178S
provided, however, that, if a member is vested and has reached age 55, then the629
requirement of terminated active employment as a peace officer is waived. A member shall630
present to the secretary-treasurer executive director a completed application form for631
retirement benefits within 30 days of the anticipated retirement date. The application shall632
contain such information as the board shall require. After approval by the board, the633
secretary-treasurer executive director shall pay to such retired member a monthly sum634
based on the option chosen by the member. If a married member with a spouse then living635
is unable to choose an option provided for in this Code section and to complete an636
application form because of death, mental incompetency, or other providential cause, then637
Option Two shall become effective. After a member's retirement application has been638
approved by the board, the member is ineligible to return to active status in the fund.639
(b)(1) Option One shall consist of a single life annuity payable in monthly payments for640
the life of the member only. The monthly payment under this option shall be an amount641
equal to $25.15 $30.00 per month for each full year of creditable service; provided,642
however, on July 1, 2021, such amount shall increase to $30.00 per month for each full643
year of creditable service and in the event the member shall have additional service credit644
not totaling a full year, the further sum of one-twelfth of the amount paid per month for645
each additional year of service credit shall be paid for each month of additional service646
credit, provided that the member either has at least ten years of membership service, or 15647
years of membership service for individuals who became members on or after July 1, 2010,648
and is at least 55 years of age or has at least 30 years of creditable service, regardless of649
age. Such monthly benefit payment shall be paid on each full year and additional full650
months of creditable service up to a maximum of 30 years of total service.651
(2) No member shall be eligible for benefits under this option until the member's official652
duties as a peace officer have been terminated, except as otherwise provided in this653
chapter, and unless the member files an application for retirement benefits within 90 days654
S. B. 328
- 26 - 24 LC 56 0178S
from the date of the termination of the member's official duties as a peace officer, unless655
prevented therefrom for good cause.656
(3) If such member shall qualify for retirement benefits in every respect except for657
completion of payment of monthly dues for the periods of time for which the member has658
received service credit, dues shall be deducted from the member's monthly benefit check659
until such dues have been paid in full.660
(4) Any member who has at least ten years of membership service, or 15 years of661
membership service for individuals who became members on or after July 1, 2010, for662
which dues have been fully paid but who has not reached 55 years of age may cease663
paying monthly dues into the fund if the member's employment as a peace officer is664
terminated; and upon reaching 55 years of age, the member may be eligible to receive665
retirement benefits under this option.666
(c) Option Two shall consist of a 100 percent joint life annuity payable during the life of667
the member or the member's spouse. The amount of monthly payment to be paid under this668
option shall be based on the date the member first becomes eligible to receive pension669
benefits (normal retirement date) and shall be computed so as to be actuarially equivalent670
to the monthly retirement payment which would have been paid to the member under671
Option One. Such actuarial equivalence shall be computed on the using an interest rate and672
current mortality basis approved from time to time table adopted by the board, the age of673
the member, and, if applicable, the age of his or her the spouse as of the date benefits are674
to commence or as of the date benefits would have commenced if the member had retired675
after first becoming eligible for full benefits, whichever is earlier.676
(d) Option Three shall consist of a contingency life annuity with a 50 percent monthly677
payment to the surviving spouse. The amount of monthly payment to be paid under this678
option shall be based on the date the member first becomes eligible to receive pension679
benefits (normal retirement date) and shall be computed so as to be actuarially equivalent680
to the monthly retirement payment which would have been paid to the member under681
S. B. 328
- 27 - 24 LC 56 0178S
Option One. Such actuarial equivalence shall be computed on the interest rate and682
mortality basis approved from time to time using an interest rate and current mortality table683
adopted by the board, the age of the member, and, if applicable, the age of his or her spouse684
as of the date benefits are to commence or as of the date benefits would have commenced685
if the member had retired after first becoming eligible for full benefits, whichever is earlier.686
(e) Under Option Two or Three, in the case of a divorce, a retired member may revoke the687
election of any such option at any time after the entry of a final judgment of complete688
divorce from the retired member's spouse or the retired member may elect to continue689
under Option Two or Three for the benefit of the former spouse. Upon any such690
revocation, or in the case of the death of a spouse, the retired member shall begin receiving691
the monthly retirement benefit which the retired member would have been entitled to692
receive under Option One. In the event any such retired member remarries, after divorce693
from the former spouse and the retired member elected to revoke Option Two or Three as694
provided in this subsection, the retired member may elect to begin receiving the applicable695
reduced monthly retirement benefit of equivalent actuarial value and reestablish on behalf696
of the new spouse the same option which was applicable to the former spouse. Such697
actuarial equivalence shall be based on the age of the retired member and the age of the698
retired member's new spouse at the time of such election and shall be computed on the699
Mortality Table GA51, with projection, using interest at 6 percent per annum, using an700
interest rate and current mortality table adopted by the board with a five-year age setback701
for females and monthly payment annuity functions. The option on behalf of the new702
spouse may not be exercised until one year after the date of remarriage or until a child of703
the remarried couple is born, whichever is earlier.704
(e.1) When a retired member has elected Option Two or Option Three, then in the event705
the spouse predeceases the retired member, the monthly retirement benefit payable to the706
retired member after the death of the spouse shall be increased to the monthly retirement707
benefit which the retired member would have been entitled to receive under Option One. 708
S. B. 328
- 28 - 24 LC 56 0178S
In the event any such retired member remarries or has remarried after the death of the709
former spouse, the retired member may elect to begin receiving the applicable reduced710
retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse711
the same option which was applicable to the deceased former spouse, but such option on712
behalf of the new spouse may not be reestablished until one year after the date of713
remarriage or until a child of the remarried couple is born, whichever is earlier. Actuarial714
equivalence under this subsection shall be determined in the same manner that it is715
determined under subsection (e) of this Code section. This subsection applies to retired716
members who retired at any time prior to July 1, 1990, as well as to those who retire on or717
after that date, but increases in monthly retirement benefits authorized by this subsection718
shall not be paid retroactively for any period of time prior to July 1, 1990, notwithstanding719
the fact that a spouse covered under Option Two or Option Three may have died prior to720
July 1, 1990.721
(f) Nothing contained in this Code section shall affect the requirement that a member make722
payments into the fund for a minimum period of ten years, or 15 years for members who723
become members on or after July 1, 2010, nor shall it affect the requirement that credit for724
service after March 1, 1951, shall not be given unless the member has made the required725
payments to the fund for all such service. Any peace officer becoming a member of the726
fund between April 1, 1953, and March 31, 1965, inclusive, must remain an active member727
and, in addition to completing the required years of service, must remit the correct amount728
of dues to the fund for a period of three years from the date he or she becomes a member,729
irrespective of previous service credited for which dues are paid, before being eligible for730
any retirement benefits provided under this Code section. Any peace officer becoming a731
member of the fund for the first time on or after April 1, 1965, must remain an active732
member and, in addition to completing the required years of service, must remit the correct733
amount of dues to the fund for a period of five years from the date he or she becomes a734
S. B. 328
- 29 - 24 LC 56 0178S
member, irrespective of previous service credited for which dues are paid, before being735
eligible for any retirement benefits provided under this Code section.736
(g)(1) Except as provided in paragraphs (2) and (3) of this subsection, any member who737
again becomes employed as a peace officer after having been placed on retirement under738
this Code section shall immediately notify the secretary-treasurer of such reemployment. 739
Retirement benefits being paid to such member shall be terminated as of the date of such740
reemployment and shall remain terminated for the duration of such reemployment. 741
During such period of reemployment, said member shall pay regular monthly dues into742
this fund. Upon meeting the requirements provided by law, such member shall be743
entitled to all benefits provided for in Code Sections 47-17-81 and 47-17-82; but such744
member shall not be entitled to any increase in retirement benefits by virtue of service745
during the period of reemployment unless such reemployment is for a term of three years746
or more, in which instance such member may again apply for retirement as if he or she747
had not previously been retired; and he or she shall be entitled to such benefits as may be748
provided by law at that time, if he or she so chooses.749
(2) The provisions of paragraph (1) of this subsection shall not apply to a retired member750
employed in any capacity for 1,040 hours or less in any calendar year.751
(3) The provisions of paragraph (1) of this subsection shall not apply to a member752
otherwise qualified for a normal service retirement under this chapter with at least 30753
years of creditable service and who has attained the age of 55. Any such member may754
continue or reenter employment as a peace officer and shall for all purposes be755
considered a retired member of this fund; provided, however, that the provisions of this756
paragraph shall not apply to any person who first or again becomes a member on or after757
July 1, 2009.758
(h) The amounts provided for as retirement benefits in this Code section shall apply to759
those members who have retired prior to July 1, 1990, as well as to those members who760
retire on or after that date. The service of each member who retired prior to July 1, 1990,761
S. B. 328
- 30 - 24 LC 56 0178S
shall be recomputed; and, if it is determined that the amounts provided for in this Code762
section result in an increase in the retirement benefits being paid to such member, such763
benefits shall be increased to the proper amount and shall be paid to the member in the764
future, beginning July 1, 1990. If it is determined that an increase in retirement benefits765
will result for any such retired member, and such retired member shall not have completed766
payment of dues for all service credit previously allowed as of the date of such member's767
retirement, monthly dues shall be deducted from the member's monthly retirement benefits768
until such time as said dues shall have been paid for each month of service for which769
retirement credit has been received; provided, however, that no such member shall be770
allowed to change the option under which the member originally retired unless the member771
shall again become employed as a peace officer as provided in subsection (g) of this Code772
section and complies with all the provisions of subsection (g) of this Code section.773
(i)(f) In the event an active member of the fund dies before retirement and such member774
has accumulated at least ten years of membership service, or 15 years for members who775
become members on or after July 1, 2010, or would otherwise have been eligible to receive776
retirement benefits, except for the member's not having terminated the member's official777
capacity as a peace officer, benefits shall be extended to the surviving spouse of such778
member in the form of an annuity for the remaining life of such spouse determined and779
paid to such surviving spouse under Option Two of this Code section to the same extent780
as if such member had died while receiving retirement benefits under Option Two.781
(j)(g) Upon the death of any retired member, any unpaid monthly benefits shall be paid to782
the named beneficiary, if any, or if there is no named beneficiary, then to the estate of the783
retired member.784
47-17-81.785
(a) Any dues-paying member who became a member prior to July 1, 1993, who is786
rendered totally and permanently disabled by disease or injury so as to be unable to787
S. B. 328
- 31 - 24 LC 56 0178S
perform substantially all of the duties of the position to which the member was regularly
788
assigned when the disability originated or so as to be unable to engage in any occupation789
or gainful employment for which the member is reasonably suited by virtue of the790
member's background, training, education, and experience shall be entitled to disability791
benefits of $257.00
$455.00 per month for life or until the member's disability ceases,792
provided that the member makes application to the board for disability benefits within 12793
months of becoming totally and permanently disabled.794
(b) The disability benefits provided under this Code section shall be payable upon the795
event of disability as provided in subsection (a) of this Code section regardless of the cause796
of the disability and shall be payable when the disability is a result of any mental or797
physical injury or disease, whether caused by reason of the peace officer's employment or798
not, provided that no benefits shall be payable under this Code section for any disability799
resulting from the chronic and excessive consumption of alcoholic beverages, addiction to800
drugs, the use of which is prohibited in this state by law, engagement by the member in any801
criminal act, willful misconduct of the member, or injury sustained by the member while802
serving in the armed forces of any country or while on active duty in the National Guard803
or other armed forces reserve force.804
(c) Any other provision of law to the contrary notwithstanding, any member who is805
receiving disability benefits pursuant to this Code section on June 30, 1990, and who had806
at least 20 years of creditable service at the time such member first became eligible for807
such disability benefits shall receive the same benefits as a member who retires at age 55808
or older with 20 years of creditable service under the provisions of Code Section 47-17-80. 809
For each year of creditable service above 20 years but not more than 30 years which such810
member had when first becoming eligible to receive disability benefits, the benefits shall811
be the same as those provided for the same number of years of creditable service under the812
provisions of Code Section 47-17-80. The benefits of such members who are receiving813
disability benefits pursuant to this Code section on June 30, 1990, shall be recomputed and814
S. B. 328
- 32 - 24 LC 56 0178S
the increased benefits shall be paid to such members beginning July 1, 1990. Any member
815
who first becomes eligible to receive disability benefits on or after July 1, 1990, who has816
the required years of creditable service as provided in this subsection shall have disability817
benefits computed and paid in the same manner as provided in this subsection.818
(d) The amount of disability benefits in this Code section shall apply to those members819
who have retired on disability prior to July 1, 1990, as well as to those members who retire820
on disability on or after that date. The creditable
service of each such member who retired821
prior to July 1, 1990, shall be recomputed, and the benefits provided under this Code822
section shall be paid to such member in the future beginning July 1, 1990.823
(e) Once each year during the first five years following the commencement of disability824
benefits under this Code section, and once in every three-year period thereafter, the board825
may require a disability beneficiary who has not yet attained 65 years of age to undergo a826
medical examination, such examination to be made at his or her place of residence, or other827
place mutually agreed upon, by physicians designated by the board. The disability benefits828
recipient may himself or herself request such an examination. The designated physicians829
shall report to the board, following each such examination, the current status and condition830
of the recipient's disability.831
(f) A disabled member's disability benefits shall cease:832
(1) Upon his or her return to gainful employment with the employer for which he or she833
worked at the time his or her their disability originated;834
(2) If he or she refuses to submit to any medical examination requested under this Code835
section, in which case the benefits shall remain discontinued until the member's836
withdrawal of such refusal and submission to the requested medical examination; and,837
if his or her refusal continues for one year, all his or her rights in and to disability benefits838
may be revoked by the board;839
(3) If the board determines on the basis of any medical examination that the member has840
sufficiently recovered from his or her disability so as to again be able to perform841
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substantially all of the duties of the position to which he or she was regularly assigned
842
when the disability originated, or so as to be able to engage in an occupation or gainful843
employment for which he or she is reasonably suited by virtue of his or her background,844
training, education, and experience;845
(4) If the member does in fact obtain gainful employment compensating him or her at a846
level equal to or greater than the current compensation for the position he or she occupied847
at the time his or her disability originated; or848
(5) When he or she dies.849
(g) The board shall prescribe and furnish a form and procedure for the application for850
disability benefits. Applications shall contain such information as the board shall require. 851
Upon the receipt of an application, the board may pass upon and decide whether to grant852
or deny the application on the basis of the submitted information or may refer the853
application to its duly appointed hearing officer for a recommendation. Any applicant for854
disability benefits shall have the right to request the board to refer his or her application to855
the hearing officer for a recommendation. In the consideration of any application for856
disability benefits, the receipt of disability benefits or payments by the applicant under the857
federal Social Security Act shall be deemed sufficient for eligibility for disability benefits858
under this Code section.859
(h) Any other provision of this Code section to the contrary notwithstanding, no person860
who becomes a member or again becomes a member of this fund on or after July 1, 1993,861
shall be entitled to any benefit provided for in this Code section.862
47-17-82.863
(a) A peace officer, upon becoming a member of the fund and after having designated a
864
beneficiary, shall be issued a certificate by the board whereby the board shall agree to pay865
the sum of $3,500.00, or such lesser amount as might be arrived at under this Code section,866
to such beneficiary upon the death of such member. If a member has received $1,000.00867
S. B. 328
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or more in retirement benefits at the time of his or her death, such beneficiary shall only868
be entitled to receive $2,500.00 upon the death of such member. If a member has received869
less than $1,000.00 in retirement benefits at the time of his or her death, such beneficiary870
shall only be entitled to receive an amount which, when added to the amount already871
received by the member, will total $3,500.00; provided, however, that the amount to be872
paid to a member who dies with less than five years of service shall be $1,000.00. 873
Following the death of a retired member or an active member in good standing, upon874
application to the board and proof of death, the member's designated beneficiary shall be875
paid the sum of $5,000.00.876
(b) The designated beneficiary of any dues-paying member who receives an injury by877
external accident or violence arising out of and in the course of the employment as a peace878
officer and not resulting from willful misconduct of such officer, which injury is the direct879
and proximate cause of death within 12 months of the date of the injury, shall, upon880
application to the board and lawful proof of such injury and death as the direct and881
proximate result thereof, be paid a sum of $5,500.00, provided that, if such peace officer882
received any disability benefits under this chapter, the $5,500.00 death benefit provided for883
under this Code section shall be reduced in the amount of such disability benefits received;884
provided, further, that in no event shall such death benefit be less than $2,500.00,885
regardless of the amount of benefits such peace officer may have drawn prior to his death886
$10,000.00.887
(c) Applications for such benefits shall contain such information as the board shall desire888
require.889
(d) If the amount of dues paid by the member prior to vesting is greater than the amount890
of death benefit contained in subsection (a) or (b) of this Code section, the designated891
beneficiary will receive a refund of the dues paid.892
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47-17-83.
893
(a) Upon application of any person who is or has been a member, the board may provide894
for a refund to such person of 95
100 percent of all dues paid by him such person for895
periods of service which qualify as creditable service under this chapter.896
(b) A member who takes a refund after April 1, 1965, while still employed as a peace897
officer shall not be eligible to be reinstated to membership and shall not be eligible to898
receive credit for service rendered before he they again becomes become a member. After899
a period of at least six months after taking a refund, he they may apply for new900
membership, subject to other terms and conditions set forth in this chapter and any lawful901
rules and regulations adopted by the board relating to membership.902
(c) Upon application of any person who received a refund of dues prior to April 1, 1965,903
or of any person who is not employed as a peace officer and who receives a refund of dues904
after April 1, 1965, the board may reinstate such person as a member. Such person may905
further be granted credit for all periods of service for which dues have previously been906
paid, provided that such person shall, at the time of application, be a peace officer;907
provided, further, that he tenders back to the fund all moneys and all dues previously908
refunded, plus regular dues for any other period of service during which such person may909
have served as a peace officer, together with interest on such amounts at the rate of 8910
percent per annum from the date of such refund; provided, further, that, if such person has911
served eight or more continuous months as a peace officer, beginning on or after April 1,912
1965, without having made application for reinstatement to membership within that913
eight-month period, his right to be so reinstated to membership shall be forever forfeited914
and he shall not be eligible to receive credit for service rendered before he again becomes915
a member. He may apply for new membership, subject to other terms and conditions set916
forth in this chapter and any lawful rules and regulations adopted by the board relating to917
membership.918
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(d) The board may refund 100 percent of any overpayment of dues paid by any person for919
any period of membership service during which it is determined that such person was not920
a peace officer, and he is they are not entitled to credit for such period of service.921
ARTICLE 7922
47-17-100.923
The provisions of this chapter relating to benefits and annuities shall not become operative924
until after the funds necessary to carry out this chapter have been provided. All claims for925
annuities or benefits arising before such funds are made available shall not be covered by926
this chapter; and the board is directed not to pay any annuities or benefits based upon any927
such claim; but, for the purpose of computing the length of service under this chapter, the928
board shall be authorized to include the period of time elapsing between February 1, 1950,929
and the date that it becomes operative.930
47-17-101.931
All rights and benefits under this chapter shall be subject to future legislative change or932
revision, and no beneficiary shall be deemed to have any vested right to any annuities or933
benefits under this chapter.934
47-17-102.935
If at any time the amounts derived from the different sources provided in this chapter are936
not sufficient to enable the board to pay in full each person determined to be entitled to937
annuities or benefits under this chapter, then each beneficiary shall receive a prorated938
percentage of the monthly benefits otherwise payable until the fund is sufficiently939
replenished to warrant the resumption thereafter of full payments of such annuities or940
benefits to each beneficiary. In no event shall the board, or any member of the board, be941
S. B. 328
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liable to any beneficiary or the representatives of any beneficiary for any deficiencies in
942
payments made under this Code section.943
47-17-103.944
The right to any pension, annuity, allowance, or benefit; to the return of contributions; to945
a pension, annuity, allowance or benefit itself; to any optional benefit, or any other right946
accrued or accruing to any person under this chapter; and to moneys under this chapter947
shall be exempt from any tax imposed by this state, county, municipal, or other political948
subdivision, except as provided in Code Section 48-7-27; exempt from levy and sale,949
garnishment, attachment, or any other process whatsoever; and shall be unassignable unless950
otherwise specifically provided for in this chapter.951
47-17-104.952
Any person who knowingly furnishes false information for the purpose of becoming a953
member of the fund, for receiving credit for service to which he is not entitled, or for954
receiving benefits hereunder or any person who knowingly assists in doing any of the955
foregoing things shall be guilty of a misdemeanor. Any person whose duty it is to remit956
the sum provided for in Code Section 47-17-60 and who fails or refuses to remit such sum957
shall be guilty of a misdemeanor.958
47-17-105.959
If at any time a member of the fund undergoes a change of employment to a position that960
does not qualify the member as a 'peace officer' as such term is defined in this chapter, or961
if his or her job description changes in a manner that is inconsistent with such definition,962
such member shall have an affirmative duty to notify the board of such change963
immediately. The board is not authorized to accept membership dues from any such964
S. B. 328
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member or to pay benefits calculated on service after such a change of employment or job
965
description."966
SECTION 2.967
This Act shall become effective on July 1, 2024, only if it is determined to have been968
concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia969
Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not970
become effective and shall be automatically repealed in its entirety on July 1, 2024, as971
required by subsection (a) of Code Section 47-20-50.972
SECTION 3.973
All laws and parts of laws in conflict with this Act are repealed. 974
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