SB 335 - Military Leave by Public Employee - salary pmt. for 18 days

First Reader Summary

A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the rights, privileges, and prohibitions pertaining to military personnel, so as to provide that a public employee will be paid his or her salary for 18 days of ordered military leave each federal fiscal year; to make conforming changes.

Hill, Jack (4th) Harbison, Ed (15th)
Status Summary HC: D&VA SC: D&VA LA: 04/29/97 Signed by Governor
Page Numbers - 1/ 2/ 3/ 4/ 5
Code Sections - 38-2-279
Recorded Votes
Senate Action House
2/28/97 Read 1st time 3/14/97
3/6/97 Favorably Reported 3/20/97
3/7/97 Read 2nd Time 3/17/97
3/13/97 Read 3rd Time 3/28/97
3/13/97 Passed/Adopted 3/28/97
4/15/97 Sent To Governor
4/29/97 Signed by Governor
475 Act/Veto Number
7/1/97 Effective Date

SB 335 97                                            SB335/AP 
 
      SENATE BILL 335 
 
      By:  Senators Hill of the 4th and Harbison of the 15th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Part 4 of Article 3 of Chapter 2 of Title 38 of the 
  1- 2  Official Code of Georgia Annotated, relating to the rights, 
  1- 3  privileges, and prohibitions pertaining to military 
  1- 4  personnel, so as to provide that a public employee will be 
  1- 5  paid his or her salary for 18 days of ordered military leave 
  1- 6  each federal fiscal year; to make conforming changes; to 
  1- 7  provide for related matters; to provide an effective date; 
  1- 8  to repeal conflicting laws; and for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  Part 4 of Article 3 of Chapter 2 of Title 38 of the Official 
  1-12  Code of Georgia Annotated, relating to the rights, 
  1-13  privileges, and prohibitions pertaining to military 
  1-14  personnel, is amended by striking Code Section 38-2-279, 
  1-15  relating to rights of public officers and employees absent 
  1-16  on military duty, and inserting in lieu thereof a new Code 
  1-17  section to read as follows: 
 
  1-18    "38-2-279. 
 
  1-19    (a) Definitions.  As used in this Code section, the term: 
 
  1-20      (1) 'Ordered military duty' means: 
 
  1-21        (A) Any military duty performed in the service of the 
  1-22        state or of the United States including but not 
  1-23        limited to attendance at any service school or schools 
  1-24        conducted by the armed forces of the United States by 
  1-25        a public officer or employee as a voluntary member of 
  1-26        any force of the organized militia or of any reserve 
  1-27        force or reserve component of the armed forces of the 
  1-28        United States pursuant to orders issued by competent 
  1-29        state and federal authority without the consent of 
  1-30        such public officer or employee. 
 
  1-31          (B)(i) Except as provided in division (ii), such 
  1-32          Such duty, performed for a period or periods not 
  1-33          exceeding a total of 30 days in any one calendar 
 
 
                                 -1- 
 
 
 
  2- 1          federal fiscal year, shall be deemed 'ordered 
  2- 2          military duty' regardless of whether the orders are 
  2- 3          or may be issued with the consent of the public 
  2- 4          officer or employee. 
 
  2- 5          (ii) If such duty exceeds a total of 30 days in the 
  2- 6          calendar year 1997 but does not exceed a total of 30 
  2- 7          days in the federal fiscal year beginning on October 
  2- 8          1, 1997, and ending on September 30, 1998, it shall 
  2- 9          be deemed 'ordered military duty' regardless of 
  2-10          whether the orders are or may be issued with the 
  2-11          consent of the public officer or employee. 
 
  2-12      (2) 'Public officer or employee' means every person, by 
  2-13      whatever title, description, or designation known, who 
  2-14      receives any pay, salary, or compensation of any kind 
  2-15      from the state, a county, municipal corporation, or any 
  2-16      other political subdivision or who is in any department 
  2-17      of the state, but shall not include persons employed by 
  2-18      the state, a county, municipal corporation, or any other 
  2-19      political subdivision on a temporary basis. 
 
  2-20    (b) Leave of absence while engaged in performance of 
  2-21    ordered military duty.  Every public officer or employee 
  2-22    shall be entitled to absent himself or herself and shall 
  2-23    be deemed to have a leave of absence from his duties or 
  2-24    service as a public officer or employee while engaged in 
  2-25    the performance of ordered military duty and while going 
  2-26    to and returning from such duty. 
 
  2-27    (c) Leave of absence while attending service schools. 
  2-28    Every public officer or employee who is or becomes a 
  2-29    voluntary member of any force of the organized militia or 
  2-30    of any reserve force or reserve component of the armed 
  2-31    forces of the United States shall be entitled to absent 
  2-32    himself or herself and shall be deemed to have a leave of 
  2-33    absence from his duties or service as a public officer or 
  2-34    employee while in attendance as a member of such force or 
  2-35    reserve component at any service school or schools 
  2-36    conducted by the armed forces of the United States for a 
  2-37    period or periods up to and including six months and while 
  2-38    going to and returning from the school or schools, 
  2-39    notwithstanding that orders for such attendance are or may 
  2-40    be issued with the consent of the public officer or 
  2-41    employee. However, no public officer or employee shall be 
  2-42    entitled to absent himself or herself in excess of a total 
  2-43    of six months during any four-year period. 
 
 
 
                                 -2- 
 
 
 
  3- 1    (d) Employment rights.  Time during which a public officer 
  3- 2    or employee is absent pursuant to subsections (b) and (c) 
  3- 3    of this Code section shall not constitute an interruption 
  3- 4    of continuous employment and, notwithstanding any general, 
  3- 5    special, or local law or any city charter, no such officer 
  3- 6    or employee shall be subjected directly or indirectly to 
  3- 7    any loss or diminution of time, service, increment, 
  3- 8    vacation, holiday privileges, or any other right or 
  3- 9    privilege by reason of such absence or be prejudiced with 
  3-10    reference to continuance in office or employment, 
  3-11    reappointment to office, reemployment, reinstatement, 
  3-12    transfer, or promotion by reason of such absence. 
 
  3-13    (e) Pay for 18 days; emergency pay. 
 
  3-14      (1) Except as provided in paragraph (2), every Every 
  3-15      public officer or employee shall be paid his or her 
  3-16      salary or other compensation as such public officer or 
  3-17      employee for any and all periods of absence while 
  3-18      engaged in the performance of ordered military duty and 
  3-19      while going to and returning from such duty, not 
  3-20      exceeding a total of 18 days in any one calendar federal 
  3-21      fiscal year and not exceeding 18 days in any one 
  3-22      continuous period of absence. In the event the Governor 
  3-23      declares an emergency and orders any public officer or 
  3-24      employee to state active duty as a member of the 
  3-25      National Guard, any such officer or employee, while 
  3-26      performing such duty, shall be paid his or her salary or 
  3-27      other compensation as a public officer or employee for a 
  3-28      period not exceeding 30 days in any one calendar federal 
  3-29      fiscal year and not exceeding 30 days in any one 
  3-30      continuous period of such state active duty service. 
 
  3-31      (2) If such periods of absence exceed a total of 18 days 
  3-32      or, in the event the Governor declares an emergency, 30 
  3-33      days for the calendar year 1997 but does not exceed such 
  3-34      limits for the federal fiscal year beginning October 1, 
  3-35      1997, and ending September 30, 1998, every public 
  3-36      officer or employee shall be paid his or her salary or 
  3-37      other compensation as such public officer or employee as 
  3-38      if the absence was 18 or 30 days or less, as the case 
  3-39      may be, as specified in paragraph (1) of this 
  3-40      subsection. 
 
  3-41    (f) Rights and contributions under retirement systems. 
 
  3-42      (1) The amount of required contributions to any pension 
  3-43      or retirement system of which a public officer or 
 
 
 
                                 -3- 
 
 
 
  4- 1      employee, absent while engaged in the performance of 
  4- 2      ordered military duty, is a member shall be deducted 
  4- 3      from the salary or other compensation paid to him such 
  4- 4      public officer or employee as a public officer or 
  4- 5      employee as provided in this Code section. If the 
  4- 6      required contributions exceed the amount of such salary 
  4- 7      or other compensation to which a public officer or 
  4- 8      employee is entitled while engaged in the performance of 
  4- 9      military duty, the amount of the salary or other 
  4-10      compensation shall be applied upon the required 
  4-11      contributions; and the public officer or employee shall 
  4-12      have the right to pay to the pension or retirement 
  4-13      system  the amount by which the contributions exceed the 
  4-14      salary or other compensation. The public officer or 
  4-15      employee shall also have the right to pay to the system, 
  4-16      for any period of such absence during which he or she 
  4-17      shall receive no salary or other compensation as a 
  4-18      public officer or employee, the amount that he or she 
  4-19      would have contributed to the system if he or she had 
  4-20      been present and continuously engaged in the performance 
  4-21      of the duties of his or her position during such period. 
 
  4-22      (2) Payments made pursuant to paragraph (1) of this 
  4-23      subsection, other than those deducted from his or her 
  4-24      salary or other compensation as an officer or employee, 
  4-25      may be paid from time to time at any time while engaged 
  4-26      in ordered military duty or within five years after the 
  4-27      date of termination of the ordered military duty or, in 
  4-28      the event of the death of the public officer or employee 
  4-29      while engaged in ordered military duty, the payments or 
  4-30      any part thereof may be made by the named beneficiary or 
  4-31      the legal representative of the public officer's or 
  4-32      employee's estate within one year following proof of 
  4-33      such death. 
 
  4-34      (3) To the extent that contributions made pursuant to 
  4-35      paragraphs (1) and (2) of this subsection are paid, the 
  4-36      period of absence while engaged in the performance of 
  4-37      ordered military duty shall be counted in determining 
  4-38      the length of total service under the pension or 
  4-39      retirement system. 
 
  4-40      (4) While engaged in the performance of ordered military 
  4-41      duty, any such public officer or employee or his or her 
  4-42      beneficiary, as the case may be, shall be entitled to 
  4-43      all the benefits of the pension or retirement system of 
  4-44      which he such public officer or employee is a member, 
 
 
 
                                 -4- 
 
 
 
  5- 1      except accidental disability retirement and accidental 
  5- 2      death benefit. 
 
  5- 3    (g) Exception as to draftees, etc.  This Code section 
  5- 4    shall not apply to: 
 
  5- 5      (1) Any public officer or employee who was or is 
  5- 6      involuntarily transferred, assigned, drafted, or 
  5- 7      inducted to or into any of the forces of the organized 
  5- 8      militia or any of the reserve forces or reserve 
  5- 9      components of the armed forces of the United States; or 
 
  5-10      (2) Any public officer or employee who was or is 
  5-11      inducted into the armed forces of the United States, but 
  5-12      not as a member of any force of the organized militia or 
  5-13      of any reserve force or reserve component of the armed 
  5-14      forces of the United States." 
 
  5-15                           SECTION 2. 
 
  5-16  This Act shall become effective on July 1, 1997. 
 
  5-17                           SECTION 3. 
 
  5-18  All laws and parts of laws in conflict with this Act are 
  5-19  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -5- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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