| 1 | 1 | | 25 LC 56 0281 |
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| 2 | 2 | | House Bill 438 |
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| 3 | 3 | | By: Representatives Crowe of the 118 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Lumsden of the 12 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Silcox of the 53 |
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| 8 | 8 | | rd |
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| 9 | 9 | | , Hitchens of |
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| 10 | 10 | | the 161 |
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| 11 | 11 | | st |
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| 12 | 12 | | , Blackmon of the 146 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the |
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| 18 | 18 | | 1 |
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| 19 | 19 | | Employees' Retirement System of Georgia, so as to allow all sworn law enforcement officers2 |
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| 20 | 20 | | serving in and the commissioner and deputy commissioner of the Department of Public3 |
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| 21 | 21 | | Safety to be eligible for regular retirement benefits at the age of 55 years, certain disability4 |
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| 22 | 22 | | benefits, and certain provisions for purchasing creditable service; to provide conditions for5 |
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| 23 | 23 | | an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.6 |
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| 24 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 25 | 25 | | SECTION 1.8 |
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| 26 | 26 | | Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees'9 |
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| 27 | 27 | | Retirement System of Georgia, is amended in Code Section 47-2-110, relating to retirement10 |
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| 28 | 28 | | ages and application and eligibility for a retirement allowance, by revising paragraph (2) of11 |
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| 29 | 29 | | subsection (a) as follows:12 |
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| 30 | 30 | | "(2)(A) |
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| 31 | 31 | | Normal retirement age, for purposes of the retirement system, shall be the date13 |
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| 32 | 32 | | the employee has reached 60 years of age, provided that he or she has at least ten years14 |
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| 33 | 33 | | of creditable service or the age of an employee on the date he or she attains 30 years of15 |
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| 34 | 34 | | H. B. 438 |
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| 35 | 35 | | - 1 - 25 LC 56 0281 |
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| 36 | 36 | | creditable service; provided, however, that the provisions of this paragraph are subject |
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| 37 | 37 | | 16 |
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| 38 | 38 | | to change by future legislation in order to comply with federal regulations.17 |
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| 39 | 39 | | (B) |
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| 40 | 40 | | For those members who are in:18 |
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| 41 | 41 | | (i) In service with the Uniform Division of the Department of Public Safety as an a19 |
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| 42 | 42 | | sworn law enforcement officer, noncommissioned officer, or trooper, officers;20 |
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| 43 | 43 | | (ii) Officers and agents of the Georgia Bureau of Investigation, conservation rangers;21 |
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| 44 | 44 | | (iii) Game wardens of the Department of Natural Resources, or in;22 |
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| 45 | 45 | | (iv) In the Department of Revenue as an alcohol and tobacco officer or agent; or23 |
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| 46 | 46 | | (v) The commissioner or the deputy commissioner of the Department of Public24 |
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| 47 | 47 | | Safety,25 |
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| 48 | 48 | | normal retirement age shall be the date the employee has reached 55 years of age,26 |
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| 49 | 49 | | provided that he or she has at least ten years of creditable service.27 |
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| 50 | 50 | | (C) For purposes of Section 402(l) of the federal Internal Revenue Code regarding28 |
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| 51 | 51 | | distributions from governmental plans for health and long-term care insurance for29 |
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| 52 | 52 | | public safety officers, normal retirement age shall be the earliest date when the30 |
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| 53 | 53 | | employee has satisfied the requirements for a retirement allowance under the retirement31 |
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| 54 | 54 | | system.32 |
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| 55 | 55 | | (D) Except as provided under Article 2 of Chapter 1 of this title, a member's right to33 |
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| 56 | 56 | | his or her retirement allowance is nonforfeitable upon attainment of normal retirement34 |
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| 57 | 57 | | age."35 |
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| 58 | 58 | | SECTION 2.36 |
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| 59 | 59 | | Said chapter is further amended by revising Code Section 47-2-111, relating to persons37 |
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| 60 | 60 | | eligible to retire at age 55, as follows:38 |
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| 61 | 61 | | "47-2-111.39 |
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| 62 | 62 | | Any other provision of this chapter to the contrary notwithstanding, any member employed40 |
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| 63 | 63 | | by the:41 |
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| 64 | 64 | | H. B. 438 |
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| 65 | 65 | | - 2 - 25 LC 56 0281 |
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| 66 | 66 | | (1) Uniform Division of the Department of Public Safety as an a sworn law enforcement 42 |
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| 67 | 67 | | officer, a noncommissioned officer, or a trooper; by the43 |
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| 68 | 68 | | (2) Georgia Bureau of Investigation as an officer or agent; by the44 |
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| 69 | 69 | | (3) Department of Natural Resources as a game warden; or by the45 |
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| 70 | 70 | | (4) Department of Revenue as an alcohol and tobacco officer or agent or as an officer or46 |
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| 71 | 71 | | agent of the Special Investigations Unit; or47 |
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| 72 | 72 | | (5) Department of Public Safety as the commissioner or deputy commissioner; shall be48 |
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| 73 | 73 | | eligible to retire at age 55 if he or she has the minimum number of years of creditable49 |
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| 74 | 74 | | service provided in Code Section 47-2-110, and upon retirement such member shall be50 |
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| 75 | 75 | | paid not less than the service retirement allowance which would have been payable to51 |
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| 76 | 76 | | such member upon service retirement at age 65 without a change in compensation and52 |
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| 77 | 77 | | with the same number of years' creditable service to which such member is entitled at the53 |
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| 78 | 78 | | time of retirement."54 |
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| 79 | 79 | | SECTION 3.55 |
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| 80 | 80 | | Said chapter is further amended by revising Code Section 47-2-221, relating to disability56 |
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| 81 | 81 | | allowances payable to personnel for certain disabilities arising in the line of duty, as follows:57 |
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| 82 | 82 | | "47-2-221.58 |
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| 83 | 83 | | (a)(1) Notwithstanding the disability allowance provided for in Code Section 47-2-123,59 |
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| 84 | 84 | | any member in service of as:60 |
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| 85 | 85 | | (A) A sworn law enforcement officer, a noncommissioned officer, or a trooper of the61 |
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| 86 | 86 | | Uniform Division of the Department of Public Safety, any;62 |
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| 87 | 87 | | (B) A game warden of the Department of Natural Resources, any;63 |
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| 88 | 88 | | (C) An officer or agent of the Georgia Bureau of Investigation, and any;64 |
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| 89 | 89 | | (D) An alcohol and tobacco officer or agent of the Department of Revenue; or65 |
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| 90 | 90 | | (E) The commissioner or the deputy commissioner of the Department of Public Safety,66 |
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| 91 | 91 | | H. B. 438 |
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| 92 | 92 | | - 3 - 25 LC 56 0281 |
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| 93 | 93 | | who, while a contributing member of this retirement system and upon becoming |
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| 94 | 94 | | 67 |
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| 95 | 95 | | permanently disabled due to an act of external violence or injury incurred in the |
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| 96 | 96 | | line of68 |
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| 97 | 97 | | duty, becomes eligible for disability retirement allowances shall, upon making written69 |
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| 98 | 98 | | application to the board of trustees either personally or through his or her employer and70 |
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| 99 | 99 | | after a medical examination and upon certification by the medical board that such71 |
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| 100 | 100 | | member is, in their opinion, permanently disabled, be entitled to a monthly allowance as72 |
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| 101 | 101 | | computed on the member's life expectancy without option. Such monthly allowance as73 |
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| 102 | 102 | | shall be payable to the member only, during his or her life or length of disability, shall74 |
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| 103 | 103 | | not exceed 80 percent of the service allowance that would have been payable to the75 |
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| 104 | 104 | | member had he or she accumulated not more than 30 years of creditable service and had76 |
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| 105 | 105 | | retired at age 65. Such allowance shall be computed on the basis of the member's77 |
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| 106 | 106 | | monthly earnable compensation for the month in which his or her permanent disability78 |
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| 107 | 107 | | occurred. Such permanent disability retirement shall apply regardless of the length of79 |
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| 108 | 108 | | service of any such member; and such member shall be deemed to have acquired 30 or80 |
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| 109 | 109 | | more years of creditable service. In addition, a member so disabled in the line of duty81 |
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| 110 | 110 | | shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per82 |
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| 111 | 111 | | month for each year of creditable service as a member of the Uniform Division of the83 |
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| 112 | 112 | | Department of Public Safety, game warden of the Department of Natural Resources,84 |
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| 113 | 113 | | alcohol and tobacco officer or agent of the Department of Revenue, or as an officer or85 |
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| 114 | 114 | | agent of the Georgia Bureau of Investigation described in subparagraphs (A) through (E)86 |
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| 115 | 115 | | of this paragraph. Such additional monthly supplemental benefit shall in no event exceed87 |
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| 116 | 116 | | $150.00 per month. Any other provision of law to the contrary notwithstanding, any88 |
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| 117 | 117 | | member of the Uniform Division of the Department of Public Safety who retired prior to89 |
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| 118 | 118 | | July 1, 1970, as a result of becoming permanently disabled due to an act of external90 |
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| 119 | 119 | | violence or injury incurred in the line of duty and who was a member of the retirement91 |
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| 120 | 120 | | system on the date of the injury or act of violence shall be entitled to and shall receive the92 |
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| 121 | 121 | | monthly supplemental benefit provided for in this subsection.93 |
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| 122 | 122 | | H. B. 438 |
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| 123 | 123 | | - 4 - 25 LC 56 0281 |
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| 124 | 124 | | (2) In lieu of the foregoing benefits provided for in paragraph (1) of this subsection, any94 |
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| 125 | 125 | | member so described and so disabled in the line of duty shall be entitled to receive a95 |
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| 126 | 126 | | minimum monthly disability retirement benefit equal to 2 percent of his or her monthly96 |
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| 127 | 127 | | earnable compensation for the month in which his or her permanent disability occurred97 |
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| 128 | 128 | | for each year of creditable service determined as though he or she had continued in98 |
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| 129 | 129 | | service in the Uniform Division of the Department of Public Safety, as a game warden99 |
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| 130 | 130 | | of the Department of Natural Resources, as an alcohol and tobacco officer or agent of the100 |
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| 131 | 131 | | Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation101 |
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| 132 | 132 | | as a member described in subparagraphs (A) through (E) of paragraph (1) of this102 |
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| 133 | 133 | | subsection until his or her mandatory retirement age.103 |
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| 134 | 134 | | (b)(1) Notwithstanding the disability allowance provided for in Code Section 47-2-123,104 |
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| 135 | 135 | | any employee of the Department of Natural Resources appointed as a deputy game105 |
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| 136 | 136 | | warden under Code Section 27-1-17, any parole officer employed by the State Board of106 |
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| 137 | 137 | | Pardons and Paroles, any probation officer employed by the Department of Corrections,107 |
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| 138 | 138 | | and any community supervision officer employed by the Department of Community108 |
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| 139 | 139 | | Supervision who, while a contributing member of this retirement system and upon109 |
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| 140 | 140 | | becoming permanently disabled due to an act of external violence or injury incurred in110 |
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| 141 | 141 | | the line of law enforcement duty, becomes eligible for disability retirement allowances111 |
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| 142 | 142 | | shall, after a medical examination and upon certification by the medical board that such112 |
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| 143 | 143 | | member is, in their opinion, permanently disabled, be entitled to a monthly allowance as113 |
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| 144 | 144 | | computed on the member's life expectancy without option. Such monthly allowance as114 |
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| 145 | 145 | | shall be payable to the member only, during his or her life or length of disability, shall115 |
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| 146 | 146 | | not exceed 80 percent of the service allowance that would have been payable to the116 |
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| 147 | 147 | | member had he or she accumulated not more than 30 years of creditable service and had117 |
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| 148 | 148 | | retired at age 65. Such allowance shall be computed on the basis of the member's118 |
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| 149 | 149 | | monthly earnable compensation for the month in which his or her permanent disability119 |
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| 150 | 150 | | occurred. Such permanent disability retirement shall apply regardless of the length of120 |
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| 151 | 151 | | H. B. 438 |
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| 152 | 152 | | - 5 - 25 LC 56 0281 |
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| 153 | 153 | | service of any such member; and such member shall be deemed to have acquired 30 or |
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| 154 | 154 | | 121 |
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| 155 | 155 | | more years of creditable service. In addition, a member so disabled in the line of law122 |
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| 156 | 156 | | enforcement duty shall receive a monthly supplemental benefit which shall be in the123 |
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| 157 | 157 | | amount of $5.00 per month for each year of creditable service as an employee of the124 |
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| 158 | 158 | | Department of Natural Resources who has been appointed as a deputy game warden125 |
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| 159 | 159 | | under Code Section 27-1-17, parole officer of the State Board of Pardons and Paroles,126 |
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| 160 | 160 | | probation officer of the Department of Corrections, or any |
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| 161 | 161 | | community supervision officer127 |
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| 162 | 162 | | employed by the Department of Community Supervision. Such additional monthly128 |
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| 163 | 163 | | supplemental benefit shall in no event exceed $150.00 per month.129 |
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| 164 | 164 | | (2) In lieu of the foregoing, any member so disabled in the line of law enforcement duty130 |
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| 165 | 165 | | shall be entitled to receive a minimum monthly disability retirement benefit equal to 2131 |
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| 166 | 166 | | percent of his or her monthly earnable compensation for the month in which his or her132 |
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| 167 | 167 | | permanent disability occurred for each year of creditable service determined as though133 |
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| 168 | 168 | | he or she had continued in service as a deputy game warden, probation officer, parole134 |
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| 169 | 169 | | officer, or a community supervision officer until his or her mandatory retirement age."135 |
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| 170 | 170 | | SECTION 4.136 |
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| 171 | 171 | | Said chapter is further amended by revising Code Section 47-2-223, relating to retirement137 |
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| 172 | 172 | | benefits for those in service in Uniform Division of the Department of Public Safety, as138 |
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| 173 | 173 | | follows:139 |
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| 174 | 174 | | "47-2-223.140 |
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| 175 | 175 | | (a) As used in For purposes of this Code section, the term 'highest average compensation'141 |
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| 176 | 176 | | means the member's highest average monthly earnable compensation during a period of 24142 |
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| 177 | 177 | | consecutive calendar months while a member of the retirement system.143 |
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| 178 | 178 | | (b) Anything in this chapter to the contrary notwithstanding, every:144 |
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| 179 | 179 | | (1) Every person who is in service in the Uniform Division of the Department of Public145 |
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| 180 | 180 | | Safety as an officer, noncommissioned officer, or trooper, or as an officer or agent of the146 |
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| 181 | 181 | | H. B. 438 |
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| 182 | 182 | | - 6 - 25 LC 56 0281 |
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| 183 | 183 | | Georgia Bureau of Investigation on June 30, 1970, and every person who enters or |
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| 184 | 184 | | 147 |
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| 185 | 185 | | reenters such service on or after July 1, 1970; and |
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| 186 | 186 | | 148 |
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| 187 | 187 | | (2) The commissioner, or the deputy commissioner of the Department of Public Safety,149 |
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| 188 | 188 | | and any member, not otherwise provided for in paragraph (1) of this subsection, who is150 |
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| 189 | 189 | | employed by the Department of Public Safety as a sworn law enforcement officer on or151 |
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| 190 | 190 | | after July 1, 2026,152 |
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| 191 | 191 | | may retire at any time after attaining the age of 55 and upon retirement such retiree shall153 |
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| 192 | 192 | | receive the regular retirement benefits under this chapter, provided that he or she shall in154 |
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| 193 | 193 | | any case receive a minimum monthly retirement benefit equal to 2 percent of his or her155 |
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| 194 | 194 | | highest average compensation for each year of creditable service by filing an application156 |
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| 195 | 195 | | therefor in a manner similar to that provided in Code Section 47-2-110."157 |
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| 196 | 196 | | SECTION 5.158 |
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| 197 | 197 | | Said chapter is further amended by revising Code Section 47-2-226, relating to certain law159 |
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| 198 | 198 | | enforcement officers permitted to obtain creditable service in retirement system under certain160 |
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| 199 | 199 | | conditions, "law enforcement officer" defined, and payment of full actuarial value to161 |
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| 200 | 200 | | applicant, as follows:162 |
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| 201 | 201 | | "47-2-226.163 |
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| 202 | 202 | | (a) As used in this Code section, the term 'law enforcement officer' means any member:164 |
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| 203 | 203 | | (1) A sworn law enforcement officer, a noncommissioned officer, or a trooper in service165 |
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| 204 | 204 | | of in the Uniform Division of the Department of Public Safety, any game;166 |
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| 205 | 205 | | (2) A game warden of the Department of Natural Resources, any officer;167 |
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| 206 | 206 | | (3) An officer or agent of the Georgia Bureau of Investigation, any district;168 |
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| 207 | 207 | | (4) A district attorney investigator who is compensated from state funds pursuant to169 |
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| 208 | 208 | | Code Section 15-18-14.1, any alcohol;170 |
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| 209 | 209 | | (5) An alcohol and tobacco officer or agent of the Department of Revenue, any171 |
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| 210 | 210 | | investigator;172 |
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| 211 | 211 | | H. B. 438 |
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| 212 | 212 | | - 7 - 25 LC 56 0281 |
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| 213 | 213 | | (6) An investigator of the Department of Driver Services, and any criminal;173 |
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| 214 | 214 | | (7) Criminal investigators or K9 handlers of the Department of Corrections; and174 |
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| 215 | 215 | | (8) The commissioner or the deputy commissioner of the Department of Public Safety.175 |
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| 216 | 216 | | (b) Any law enforcement officer who, prior to becoming a member of this retirement176 |
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| 217 | 217 | | system, was employed by a local government in this state as a full-time employee, in a177 |
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| 218 | 218 | | position in which he or she was vested with authority to enforce the criminal or traffic laws178 |
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| 219 | 219 | | and with the power of arrest and whose duties include the preservation of public order, the179 |
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| 220 | 220 | | protection of life and property, or the prevention, detection, or investigation of crime, shall180 |
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| 221 | 221 | | be eligible to obtain creditable service under this Code section for his or her years of181 |
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| 222 | 222 | | service in such capacity if:182 |
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| 223 | 223 | | (1) The member is not eligible to receive a present or future benefit from a defined183 |
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| 224 | 224 | | benefit or defined contribution retirement or pension plan in which said member184 |
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| 225 | 225 | | participated while employed by the local governing authority other than membership in185 |
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| 226 | 226 | | the Peace Officers' Annuity and Benefit Fund; and186 |
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| 227 | 227 | | (2) The member has been a member of the retirement system for at least ten years.187 |
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| 228 | 228 | | (c) Any member eligible as provided in subsection (b) of this Code section may obtain up188 |
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| 229 | 229 | | to an additional five years of creditable service, not to exceed the actual number of years189 |
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| 230 | 230 | | of service described in subsection (b) of this Code section. In order to obtain such190 |
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| 231 | 231 | | additional creditable service, the member shall:191 |
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| 232 | 232 | | (1) Make application to the board of trustees in such manner and provide such192 |
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| 233 | 233 | | documentation as the board deems appropriate; and193 |
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| 234 | 234 | | (2) Pay to the board of trustees an amount determined by the board of trustees to be194 |
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| 235 | 235 | | sufficient to cover the full actuarial cost of granting the creditable service as provided in195 |
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| 236 | 236 | | this Code section.196 |
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| 237 | 237 | | (d) Upon receipt of an application for additional creditable service, the board of trustees197 |
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| 238 | 238 | | shall certify to the applicant the amount of the payment required by paragraph (2) of198 |
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| 239 | 239 | | subsection (c) of this Code section."199 |
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| 240 | 240 | | H. B. 438 |
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| 241 | 241 | | - 8 - 25 LC 56 0281 |
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| 242 | 242 | | SECTION 6. |
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| 243 | 243 | | 200 |
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| 244 | 244 | | This Act shall become effective on July 1, 2026, only if it is determined to have been201 |
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| 245 | 245 | | concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia202 |
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| 246 | 246 | | Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not203 |
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| 247 | 247 | | become effective and shall be automatically repealed in its entirety on July 1, 2026, as204 |
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| 248 | 248 | | required by subsection (a) of Code Section 47-20-50.205 |
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| 249 | 249 | | SECTION 7.206 |
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| 250 | 250 | | All laws and parts of laws in conflict with this Act are repealed.207 |
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| 251 | 251 | | H. B. 438 |
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| 252 | 252 | | - 9 - |
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