23 LC 43 2640S (SCS)
S. B. 56
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Senate Bill 56
By: Senators Hufstetler of the 52nd and Williams of the 25th
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad
1
valorem taxation, so as to require the state revenue commissioner to contract with the board2
of the Employees' Retirement System of Georgia to offer certain county tax commissioners3
the option to participate in a state administered deferred compensation plan; to provide for4
a limited state match of contributions; to provide for terms and conditions; to provide for5
related matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem9
taxation, is amended by adding a new Code section to Part 3 of Article 3, relating to10
compensation for county tax officials and administration, to read as follows:11
"48-5-184.
12
(a) As used in this Code section, the term 'eligible county tax commissioner' means any13
county tax commissioner or tax collector who is compensated pursuant to Code Section14
48-5-183 and is not eligible to participate in any state retirement system as such term is15
defined in Code Section 47-20-3.16 23 LC 43 2640S (SCS)
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(b) The state revenue commissioner shall contract with the Board of Trustees of the17
Employees' Retirement System of Georgia for the administration of a deferred18
compensation plan offered as a state benefit for eligible county tax commissioners.19
(c)(1) Subject to the contract required under subsection (b) of this Code section, the20
Board of Trustees of the Employees' Retirement System of Georgia shall investigate and21
approve a deferred compensation plan that offers to eligible county tax commissioners22
income tax benefits in connection with plans authorized by the United States Internal23
Revenue Code of 1986, so that compensation deferred under such plan shall not be24
included for purposes of computation of any federal income tax withheld on behalf of any25
such tax commissioner or payable by such tax commissioner before any deferred payment26
date. All contributions to such deferred compensation plans shall also be exempt from27
state withholding tax so long as such contributions are not includable in gross income for28
federal income tax purposes.29
(2) Notwithstanding any conflicting provisions of paragraph (1) of this subsection, for30
any deferred compensation plan established pursuant to said paragraph, the Board of31
Trustees of the Employees' Retirement System of Georgia shall be authorized to include32
as an option for eligible county tax commissioners a qualified Roth contribution program33
in accordance with Section 402A of the United States Internal Revenue Code of 1986.34
(d)(1) On and after July 1, 2023, for any eligible county tax commissioner who35
contributes a percentage from his or her minimum annual salary paid by the county36
pursuant to paragraphs (1) and (2) of subsection (b) of Code Section 48-5-183 into the37
deferred compensation plan established under this Code section, the state shall contribute38
an equal amount into such eligible county tax commissioner's plan account, up to a39
maximum of 5 percent; provided, however, that all state contributions to plan accounts40
shall be subject to limitations imposed by federal law.41
(2) Each eligible county tax commissioner may make such additional contributions as42
he or she desires, subject to limitations imposed by federal law.43 23 LC 43 2640S (SCS)
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(e) The Board of Trustees of the Employees' Retirement System of Georgia and the state44
revenue commissioner shall be entitled to impose requirements for the withholding and45
remittance of contributions by county governing authorities in order to effectuate this Code46
section and comply with state and federal law."47
SECTION 2.48
All laws and parts of laws in conflict with this Act are repealed. 49