1 | 1 | | 25 LC 56 0263 |
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2 | 2 | | Senate Bill 261 |
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3 | 3 | | By: Senators Harbin of the 16th, Strickland of the 42nd, Gooch of the 51st, Hickman of the |
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4 | 4 | | 4th, Williams of the 25th and others |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | To amend Chapter 25 of Title 47 of the Official Code of Georgia Annotated, relating to the |
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8 | 8 | | 1 |
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9 | 9 | | magistrates retirement fund, so as to provide for an early retirement benefit; to provide for2 |
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10 | 10 | | an employee contribution increase; to replace the statutory maximum monthly compensation3 |
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11 | 11 | | used to calculate a benefit with an amount determined by the board; to increase the maximum4 |
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12 | 12 | | number of years of service used to calculate a benefit; to provide for related matters; to5 |
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13 | 13 | | provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and6 |
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14 | 14 | | for other purposes.7 |
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15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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16 | 16 | | SECTION 1.9 |
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17 | 17 | | Chapter 25 of Title 47 of the Official Code of Georgia Annotated, relating to the magistrates10 |
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18 | 18 | | retirement fund, is amended by revising Code Section 47-25-41, relating to member dues,11 |
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19 | 19 | | as follows:12 |
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20 | 20 | | "47-25-41.13 |
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21 | 21 | | Each member shall pay into the fund as dues a sum equal to 3.42 |
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22 | 22 | | 4.0 percent of the14 |
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23 | 23 | | member's maximum average final monthly compensation established by subsection (a) of15 |
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24 | 24 | | S. B. 261 |
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25 | 25 | | - 1 - 25 LC 56 0263 |
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26 | 26 | | Code Section 47-25-81 per month. Each month's dues shall be paid not later than the tenth |
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27 | 27 | | 16 |
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28 | 28 | | day of that month."17 |
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29 | 29 | | SECTION 2.18 |
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30 | 30 | | Said chapter is further amended by revising Code Section 47-25-80, relating to requirements19 |
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31 | 31 | | to receiving benefits, as follows:20 |
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32 | 32 | | "47-25-80.21 |
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33 | 33 | | (a) |
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34 | 34 | | In order for a member to be eligible to receive retirement benefits under this chapter,22 |
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35 | 35 | | he or she must have:23 |
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36 | 36 | | (1) Served as a regularly qualified and commissioned chief magistrate or as the24 |
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37 | 37 | | secretary-treasurer for at least eight years;25 |
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38 | 38 | | (2) Fully complied with this chapter;26 |
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39 | 39 | | (3) Terminated his or her official capacity as a chief magistrate or as the27 |
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40 | 40 | | secretary-treasurer;28 |
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41 | 41 | | (4) Attained the age of 60 55 years;29 |
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42 | 42 | | (5) Filed with the board his or her application for such retirement, on a form to be30 |
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43 | 43 | | furnished by the board, within a period of 90 days, or as soon thereafter as possible, after31 |
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44 | 44 | | reaching the age of 60 55 years or after termination of his or her official capacity as a32 |
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45 | 45 | | chief magistrate or as the secretary-treasurer, whichever may occur last in point of time;33 |
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46 | 46 | | and34 |
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47 | 47 | | (6) Had his or her application for retirement approved by the board.35 |
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48 | 48 | | (b) If a member retires prior to the age of 60, his or her benefit, as calculated pursuant to36 |
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49 | 49 | | Code Section 47-25-81, shall be reduced by one-twelfth of 3 percent for each month by37 |
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50 | 50 | | which his or her age at the time of retirement is below 60 years."38 |
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51 | 51 | | S. B. 261 |
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52 | 52 | | - 2 - 25 LC 56 0263 |
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53 | 53 | | SECTION 3. |
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54 | 54 | | 39 |
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55 | 55 | | Said chapter is further amended by revising Code Section 47-25-81, relating to the amount40 |
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56 | 56 | | of benefits, as follows:41 |
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57 | 57 | | "47-25-81.42 |
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58 | 58 | | (a) Any member who is approved for retirement benefits as provided in Code Section43 |
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59 | 59 | | 47-25-80 shall be paid a monthly sum equal to 4 |
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60 | 60 | | 5 percent of his or her average final44 |
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61 | 61 | | monthly compensation for each year served by the member up to, but not exceeding, a total45 |
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62 | 62 | | of 20 28 years; provided, however, that the final annual monthly compensation used for46 |
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63 | 63 | | calculating a benefit under this Code section shall not exceed an amount set pursuant to47 |
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64 | 64 | | subsection (b) of this Code section. $42,781.22 or the amount fixed in the following48 |
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65 | 65 | | schedule according to county population, whichever amount is higher:49 |
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66 | 66 | | Population50 |
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67 | 67 | | Maximum Average Final |
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68 | 68 | | Monthly Compensation |
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69 | 69 | | 500,000 or more..............................................$ 7,247.8751 |
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70 | 70 | | 400,000 - 499,999..............................................6,975.7052 |
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71 | 71 | | 300,000 - 399,999..............................................6,703.5353 |
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72 | 72 | | 250,000 - 299,999..............................................6,072.6554 |
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73 | 73 | | 200,000 - 249,999..............................................5,594.1755 |
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74 | 74 | | 150,000 - 199,999..............................................5,132.4956 |
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75 | 75 | | 100,000 - 149,999..............................................4,797.7057 |
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76 | 76 | | 75,000 - 99,999...............................................4,490.7658 |
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77 | 77 | | 50,000 - 74,999...............................................4,183.4759 |
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78 | 78 | | 39,000 - 49,999...............................................3,732.5360 |
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79 | 79 | | 29,000 - 38,999...............................................3,512.8061 |
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80 | 80 | | 20,000 - 28,999...............................................3,293.3462 |
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81 | 81 | | S. B. 261 |
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82 | 82 | | - 3 - 25 LC 56 0263 |
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83 | 83 | | 11,890 - 19,999...............................................3,073.8863 |
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84 | 84 | | 6,000 - 11,889...............................................2,713.5364 |
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85 | 85 | | 0 - 5,999................................................1,975.9865 |
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86 | 86 | | (b) The board of commissioners is authorized to shall adopt from time to time a method66 |
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87 | 87 | | or methods of providing for increases in the a maximum final monthly compensation used67 |
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88 | 88 | | for calculating a benefit as provided in this Code section. Such method or methods68 |
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89 | 89 | | maximum final monthly compensation shall be based upon:69 |
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90 | 90 | | (1) The recommendation of the actuary of the board of commissioners;70 |
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91 | 91 | | (2) The maintenance of the actuarial soundness of the fund in accordance with the71 |
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92 | 92 | | standards provided in Code Section 47-20-10 or such higher standards as may be adopted72 |
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93 | 93 | | by the board; and73 |
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94 | 94 | | (3) Such other factors as the board deems relevant; provided, however, that any such74 |
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95 | 95 | | increase shall be uniform and shall apply equally to all members of this retirement75 |
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96 | 96 | | system.76 |
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97 | 97 | | (c) No time for which dues have not been paid in accordance with Code Section 47-25-4177 |
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98 | 98 | | shall be considered in determining the number of years of service."78 |
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99 | 99 | | SECTION 4.79 |
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100 | 100 | | This Act shall become effective on July 1, 2026, only if it is determined to have been80 |
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101 | 101 | | concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia81 |
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102 | 102 | | Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not82 |
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103 | 103 | | become effective and shall be automatically repealed in its entirety on July 1, 2026, as83 |
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104 | 104 | | required by subsection (a) of Code Section 47-20-50.84 |
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105 | 105 | | SECTION 5.85 |
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106 | 106 | | All laws and parts of laws in conflict with this Act are repealed.86 |
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107 | 107 | | S. B. 261 |
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108 | 108 | | - 4 - |
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