Georgia 2025-2026 Regular Session

Georgia House Bill HB338 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 56 0293
2	2	House Bill 338
3	3	By: Representatives Carson of the 46
4	4	th
5	5	, Hitchens of the 161
6	6	st
7	7	, Powell of the 33
8	8	rd
9	9	, Lumsden
10	10	of the 12
11	11	th
12	12	, Momtahan of the 17
13	13	th
14	14	, and others
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the
18	18	1
19	19	Employees' Retirement System of Georgia, so as to establish the State Law Enforcement2
20	20	Officer Plan to offer enhanced benefits for electing state law enforcement officers; to provide3
21	21	for irrevocable elections; to provide for conditions and limitations; to provide for deferred4
22	22	retirement option program accounts; to provide for definitions; to provide a short title; to5
23	23	provide for related matters; to provide conditions for an effective date and automatic repeal;6
24	24	to repeal conflicting laws; and for other purposes.7
25	25	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
26	26	SECTION 1.9
27	27	Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees'10
28	28	Retirement System of Georgia, is amended in Code Section 47-2-1, relating to definitions,11
29	29	by revising paragraph (37) and by adding a new paragraph to read as follows:12
30	30	"(37) 'State law enforcement officer' means any sworn police officers certified by the
31	31	13
32	32	Georgia Peace Officer Standards and Training Council employed to perform the duties14
33	33	of a peace officer, as such term is defined in Code Section 16-1-3, by the:15
34	34	(A) Department of Corrections;16
35	35	H. B. 338
36	36	- 1 - 25 LC 56 0293
37	37	(B) Department of Community Supervision;17
38	38	(C) Department of Behavioral Health and Developmental Disabilities;18
39	39	(D) Office of the Attorney General;19
40	40	(E) Georgia Board of Dentistry;20
41	41	(F) Georgia Composite Medical Board;21
42	42	(G) Department of Driver Services;22
43	43	(H) Department of Transportation;23
44	44	(I) Office of the Inspector General;24
45	45	(J) Prosecuting Attorneys' Council of the State of Georgia;25
46	46	(K) State Board of Workers' Compensation;26
47	47	(L) Department of Juvenile Justice;27
48	48	(M) State Board of Pardons and Paroles;28
49	49	(N) Georgia Public Safety Training Center;29
50	50	(O) Public Service Commission;30
51	51	(P) Georgia Bureau of Investigation;31
52	52	(Q) Department of Natural Resources;32
53	53	(R) Department of Agriculture;33
54	54	(S) Department of Revenue;34
55	55	(T) Georgia Drugs and Narcotics Agency;35
56	56	(U) State Forestry Commission;36
57	57	(V) Office of Insurance and Safety Fire Commissioner;37
58	58	(W) Georgia Ports Authority;38
59	59	(X) Georgia World Congress Center Police; and39
60	60	(Y) Department of Public Safety.40
61	61	(38) 'Within one year after discharge from the armed forces' means within one year after41
62	62	the termination of the member's active service in the military or naval forces of the42
63	63	United States and shall not include any military reserve or naval reserve service."43
64	64	H. B. 338
65	65	- 2 - 25 LC 56 0293
66	66	SECTION 2.
67	67	44
68	68	Said chapter is further amended by adding a new article to read as follows:45
69	69	"ARTICLE 11
70	70	46
71	71	47-2-400.47
72	72	This article shall be known and may be cited as the 'State Law Enforcement Officer Plan'48
73	73	or 'SLEO Plan.'49
74	74	47-2-401.50
75	75	(a) As used in this article, the term 'electing officer' means a state law enforcement officer51
76	76	who, on or after July 1, 2026, is a contributing member of this retirement system and makes52
77	77	an irrevocable election to participate in the SLEO Plan in lieu of any other retirement53
78	78	system, plan, or program established under this chapter.54
79	79	(b) Each eligible state law enforcement officer shall become an electing officer if he or she55
80	80	notifies the board of trustees in writing of such irrevocable election within 90 days of56
81	81	becoming a state law enforcement officer or July 1, 2026, whichever is later.57
82	82	(c) No person who did not make a valid election pursuant to subsection (b) of this Code58
83	83	section shall be eligible for the enhanced benefits plan provided for in this article.59
84	84	(d) In no event shall an electing officer be eligible to retire under this article at any point60
85	85	prior to July 1, 2031. If such an officer seeks to retire before July 1, 2031, he or she shall61
86	86	not be entitled to any of the enhanced benefits provided in this article, and the retirement62
87	87	system shall treat such officer as if he or she had not made the irrevocable election under63
88	88	this Code section.64
89	89	H. B. 338
90	90	- 3 - 25 LC 56 0293
91	91	47-2-402.65
92	92	Each electing officer shall be entitled to all of the same benefits provided otherwise for66
93	93	similarly situated members of this retirement system, except that:67
94	94	(1) Each electing officer shall contribute 5 percent of his or her earnable compensation68
95	95	to the retirement system;69
96	96	(2) Each electing officer shall be eligible for retirement benefits to be determined in70
97	97	accordance with the following schedule:71
98	98	(A) An electing officer shall receive a monthly retirement benefit equal to 10 percent72
99	99	of his or her average final compensation if he or she earns ten years of creditable73
100	100	service;74
101	101	(B) For each of the years of creditable service from year 11 through year 15, an75
102	102	electing officer shall receive a monthly retirement benefit equal to 3 percent of his or76
103	103	her average final compensation;77
104	104	(C) For each of the years of creditable service from year 16 through year 20, an78
105	105	electing officer shall receive a monthly retirement benefit equal to 5 percent of his or79
106	106	her average final compensation; and80
107	107	(D) For each of the years of creditable service from year 21 through year 25, an81
108	108	electing officer shall receive a monthly retirement benefit equal to 6 percent of his or82
109	109	her average final compensation; and83
110	110	(3)(A) After an electing officer obtains 25 years of creditable service in the SLEO84
111	111	Plan, his or her contributions pursuant to paragraph (1) of this Code section shall cease,85
112	112	and such officer's retirement benefit amount shall be calculated based upon his or her86
113	113	average final compensation at such time.87
114	114	(B) On and after the date on which an electing officer's contributions cease pursuant88
115	115	to subparagraph (A) of this paragraph, if the officer does not elect to retire under the89
116	116	plan, his or her monthly retirement benefits shall be paid into such officer's DROP90
117	117	Account provided for in subsection (a) of Code Section 47-2-403 until he or she elects91
118	118	H. B. 338
119	119	- 4 - 25 LC 56 0293
120	120	to retire. Such monthly payments shall accrue any postretirement benefit adjustments92
121	121	granted to other members of this retirement system.93
122	122	47-2-403.94
123	123	(a) The board of trustees shall establish a Deferred Retirement Option Program (DROP)95
124	124	Account for each eligible electing officer to deposit such officer's monthly benefit96
125	125	payments. The amounts in each account shall earn interest at a market rate to be97
126	126	determined by the board of trustees.98
127	127	(b) Upon an electing officer's retirement, he or she shall be entitled to receive a lump sum,99
128	128	a partial lump sum, or an annuity payment from the funds in his or her DROP Account,100
129	129	including any interest therein. The board of trustees may also make available options to101
130	130	roll such funds into certain tax advantaged retirement accounts."102
131	131	SECTION 3.103
132	132	This Act shall become effective on July 1, 2026, only if it is determined to have been104
133	133	concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia105
134	134	Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not106
135	135	become effective and shall be automatically repealed in its entirety on July 1, 2026, as107
136	136	required by subsection (a) of Code Section 47-20-50.108
137	137	SECTION 4.109
138	138	All laws and parts of laws in conflict with this Act are repealed.110
139	139	H. B. 338
140	140	- 5 -