25 LC 56 0392
Senate Bill 362
By: Senators Mallow of the 2nd, Moore of the 53rd, Jones of the 10th, Williams of the 25th
and Robertson of the 29th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the
1
Employees' Retirement System of Georgia, so as to allow all sworn law enforcement officers2
serving in and the commissioner and deputy commissioner of the Department of Public3
Safety to be eligible for regular retirement benefits at the age of 55 years, certain disability4
benefits, and certain provisions for purchasing creditable service; to provide conditions for5
an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees'9
Retirement System of Georgia, is amended in Code Section 47-2-110, relating to retirement10
ages and application and eligibility for a retirement allowance, by revising paragraph (2) of11
subsection (a) as follows:12
"(2)(A)
Normal retirement age, for purposes of the retirement system, shall be the date13
the employee has reached 60 years of age, provided that he or she has at least ten years14
of creditable service or the age of an employee on the date he or she attains 30 years of15
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creditable service; provided, however, that the provisions of this paragraph are subject
16
to change by future legislation in order to comply with federal regulations.17
(B)
For those members who are in:18
(i) In service with the Uniform Division of the Department of Public Safety as an a19
sworn law enforcement officer, noncommissioned officer, or trooper, officers;20
(ii) Officers and agents of the Georgia Bureau of Investigation, conservation rangers;21
(iii) Game wardens of the Department of Natural Resources, or in;22
(iv) In the Department of Revenue as an alcohol and tobacco officer or agent; or23
(v) The commissioner or the deputy commissioner of the Department of Public24
Safety,25
normal retirement age shall be the date the employee has reached 55 years of age,26
provided that he or she has at least ten years of creditable service.27
(C) For purposes of Section 402(l) of the federal Internal Revenue Code regarding28
distributions from governmental plans for health and long-term care insurance for29
public safety officers, normal retirement age shall be the earliest date when the30
employee has satisfied the requirements for a retirement allowance under the retirement31
system.32
(D) Except as provided under Article 2 of Chapter 1 of this title, a member's right to33
his or her retirement allowance is nonforfeitable upon attainment of normal retirement34
age."35
SECTION 2.36
Said chapter is further amended by revising Code Section 47-2-111, relating to persons37
eligible to retire at age 55, as follows:38
"47-2-111.39
Any other provision of this chapter to the contrary notwithstanding, any member employed40
by the:41
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(1) Uniform Division of the Department of Public Safety as an a sworn law enforcement 42
officer, a noncommissioned officer, or a trooper; by the43
(2) Georgia Bureau of Investigation as an officer or agent; by the44
(3) Department of Natural Resources as a game warden; or by the45
(4) Department of Revenue as an alcohol and tobacco officer or agent or as an officer or46
agent of the Special Investigations Unit; or47
(5) Department of Public Safety as the commissioner or deputy commissioner; shall be48
eligible to retire at age 55 if he or she has the minimum number of years of creditable49
service provided in Code Section 47-2-110, and upon retirement such member shall be50
paid not less than the service retirement allowance which would have been payable to51
such member upon service retirement at age 65 without a change in compensation and52
with the same number of years' creditable service to which such member is entitled at the53
time of retirement."54
SECTION 3.55
Said chapter is further amended by revising Code Section 47-2-221, relating to disability56
allowances payable to personnel for certain disabilities arising in the line of duty, as follows:57
"47-2-221.58
(a)(1) Notwithstanding the disability allowance provided for in Code Section 47-2-123,59
any member in service of as:60
(A) A sworn law enforcement officer, a noncommissioned officer, or a trooper of the61
Uniform Division of the Department of Public Safety, any;62
(B) A game warden of the Department of Natural Resources, any;63
(C) An officer or agent of the Georgia Bureau of Investigation, and any;64
(D) An alcohol and tobacco officer or agent of the Department of Revenue; or65
(E) The commissioner or the deputy commissioner of the Department of Public Safety,66
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who, while a contributing member of this retirement system and upon becoming
67
permanently disabled due to an act of external violence or injury incurred in the
line of68
duty, becomes eligible for disability retirement allowances shall, upon making written69
application to the board of trustees either personally or through his or her employer and70
after a medical examination and upon certification by the medical board that such71
member is, in their opinion, permanently disabled, be entitled to a monthly allowance as72
computed on the member's life expectancy without option. Such monthly allowance as73
shall be payable to the member only, during his or her life or length of disability, shall74
not exceed 80 percent of the service allowance that would have been payable to the75
member had he or she accumulated not more than 30 years of creditable service and had76
retired at age 65. Such allowance shall be computed on the basis of the member's77
monthly earnable compensation for the month in which his or her permanent disability78
occurred. Such permanent disability retirement shall apply regardless of the length of79
service of any such member; and such member shall be deemed to have acquired 30 or80
more years of creditable service. In addition, a member so disabled in the line of duty81
shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per82
month for each year of creditable service as a member of the Uniform Division of the83
Department of Public Safety, game warden of the Department of Natural Resources,84
alcohol and tobacco officer or agent of the Department of Revenue, or as an officer or85
agent of the Georgia Bureau of Investigation described in subparagraphs (A) through (E)86
of this paragraph. Such additional monthly supplemental benefit shall in no event exceed87
$150.00 per month. Any other provision of law to the contrary notwithstanding, any88
member of the Uniform Division of the Department of Public Safety who retired prior to89
July 1, 1970, as a result of becoming permanently disabled due to an act of external90
violence or injury incurred in the line of duty and who was a member of the retirement91
system on the date of the injury or act of violence shall be entitled to and shall receive the92
monthly supplemental benefit provided for in this subsection.93
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(2) In lieu of the foregoing benefits provided for in paragraph (1) of this subsection, any94
member so described and so disabled in the line of duty shall be entitled to receive a95
minimum monthly disability retirement benefit equal to 2 percent of his or her monthly96
earnable compensation for the month in which his or her permanent disability occurred97
for each year of creditable service determined as though he or she had continued in98
service in the Uniform Division of the Department of Public Safety, as a game warden99
of the Department of Natural Resources, as an alcohol and tobacco officer or agent of the100
Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation101
as a member described in subparagraphs (A) through (E) of paragraph (1) of this102
subsection until his or her mandatory retirement age.103
(b)(1) Notwithstanding the disability allowance provided for in Code Section 47-2-123,104
any employee of the Department of Natural Resources appointed as a deputy game105
warden under Code Section 27-1-17, any parole officer employed by the State Board of106
Pardons and Paroles, any probation officer employed by the Department of Corrections,107
and any community supervision officer employed by the Department of Community108
Supervision who, while a contributing member of this retirement system and upon109
becoming permanently disabled due to an act of external violence or injury incurred in110
the line of law enforcement duty, becomes eligible for disability retirement allowances111
shall, after a medical examination and upon certification by the medical board that such112
member is, in their opinion, permanently disabled, be entitled to a monthly allowance as113
computed on the member's life expectancy without option. Such monthly allowance as114
shall be payable to the member only, during his or her life or length of disability, shall115
not exceed 80 percent of the service allowance that would have been payable to the116
member had he or she accumulated not more than 30 years of creditable service and had117
retired at age 65. Such allowance shall be computed on the basis of the member's118
monthly earnable compensation for the month in which his or her permanent disability119
occurred. Such permanent disability retirement shall apply regardless of the length of120
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service of any such member; and such member shall be deemed to have acquired 30 or
121
more years of creditable service. In addition, a member so disabled in the line of law122
enforcement duty shall receive a monthly supplemental benefit which shall be in the123
amount of $5.00 per month for each year of creditable service as an employee of the124
Department of Natural Resources who has been appointed as a deputy game warden125
under Code Section 27-1-17, parole officer of the State Board of Pardons and Paroles,126
probation officer of the Department of Corrections, or any
community supervision officer127
employed by the Department of Community Supervision. Such additional monthly128
supplemental benefit shall in no event exceed $150.00 per month.129
(2) In lieu of the foregoing, any member so disabled in the line of law enforcement duty130
shall be entitled to receive a minimum monthly disability retirement benefit equal to 2131
percent of his or her monthly earnable compensation for the month in which his or her132
permanent disability occurred for each year of creditable service determined as though133
he or she had continued in service as a deputy game warden, probation officer, parole134
officer, or a community supervision officer until his or her mandatory retirement age."135
SECTION 4.136
Said chapter is further amended by revising Code Section 47-2-223, relating to retirement137
benefits for those in service in Uniform Division of the Department of Public Safety, as138
follows:139
"47-2-223.140
(a) As used in For purposes of this Code section, the term 'highest average compensation'141
means the member's highest average monthly earnable compensation during a period of 24142
consecutive calendar months while a member of the retirement system.143
(b) Anything in this chapter to the contrary notwithstanding, every:144
(1) Every person who is in service in the Uniform Division of the Department of Public145
Safety as an officer, noncommissioned officer, or trooper, or as an officer or agent of the146
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Georgia Bureau of Investigation on June 30, 1970, and every person who enters or
147
reenters such service on or after July 1, 1970; and
148
(2) The commissioner, or the deputy commissioner of the Department of Public Safety,149
and any member, not otherwise provided for in paragraph (1) of this subsection, who is150
employed by the Department of Public Safety as a sworn law enforcement officer on or151
after July 1, 2026,152
may retire at any time after attaining the age of 55 and upon retirement such retiree shall153
receive the regular retirement benefits under this chapter, provided that he or she shall in154
any case receive a minimum monthly retirement benefit equal to 2 percent of his or her155
highest average compensation for each year of creditable service by filing an application156
therefor in a manner similar to that provided in Code Section 47-2-110."157
SECTION 5.158
Said chapter is further amended by revising Code Section 47-2-226, relating to certain law159
enforcement officers permitted to obtain creditable service in retirement system under certain160
conditions, "law enforcement officer" defined, and payment of full actuarial value to161
applicant, as follows:162
"47-2-226.163
(a) As used in this Code section, the term 'law enforcement officer' means any member:164
(1) A sworn law enforcement officer, a noncommissioned officer, or a trooper in service165
of in the Uniform Division of the Department of Public Safety, any game;166
(2) A game warden of the Department of Natural Resources, any officer;167
(3) An officer or agent of the Georgia Bureau of Investigation, any district;168
(4) A district attorney investigator who is compensated from state funds pursuant to169
Code Section 15-18-14.1, any alcohol;170
(5) An alcohol and tobacco officer or agent of the Department of Revenue, any171
investigator;172
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(6) An investigator of the Department of Driver Services, and any criminal;173
(7) Criminal investigators or K9 handlers of the Department of Corrections; and174
(8) The commissioner or the deputy commissioner of the Department of Public Safety.175
(b) Any law enforcement officer who, prior to becoming a member of this retirement176
system, was employed by a local government in this state as a full-time employee, in a177
position in which he or she was vested with authority to enforce the criminal or traffic laws178
and with the power of arrest and whose duties include the preservation of public order, the179
protection of life and property, or the prevention, detection, or investigation of crime, shall180
be eligible to obtain creditable service under this Code section for his or her years of181
service in such capacity if:182
(1) The member is not eligible to receive a present or future benefit from a defined183
benefit or defined contribution retirement or pension plan in which said member184
participated while employed by the local governing authority other than membership in185
the Peace Officers' Annuity and Benefit Fund; and186
(2) The member has been a member of the retirement system for at least ten years.187
(c) Any member eligible as provided in subsection (b) of this Code section may obtain up188
to an additional five years of creditable service, not to exceed the actual number of years189
of service described in subsection (b) of this Code section. In order to obtain such190
additional creditable service, the member shall:191
(1) Make application to the board of trustees in such manner and provide such192
documentation as the board deems appropriate; and193
(2) Pay to the board of trustees an amount determined by the board of trustees to be194
sufficient to cover the full actuarial cost of granting the creditable service as provided in195
this Code section.196
(d) Upon receipt of an application for additional creditable service, the board of trustees197
shall certify to the applicant the amount of the payment required by paragraph (2) of198
subsection (c) of this Code section."199
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SECTION 6.
200
This Act shall become effective on July 1, 2026, only if it is determined to have been201
concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia202
Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not203
become effective and shall be automatically repealed in its entirety on July 1, 2026, as204
required by subsection (a) of Code Section 47-20-50.205
SECTION 7.206
All laws and parts of laws in conflict with this Act are repealed.207
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