hb348.html

05 LC 21 7976

House Bill 348

By: Representatives Brooks of the 63rd and Cummings of the 16th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officerś Annuity and Benefit Fund, so as to change the composition of the board of commissioners of such fund; to provide for creditable service for certain prior service; to provide for an employeés contribution; to provide for application and conditions; to provide for funding; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officerś Annuity and Benefit Fund, is amended by striking in its entirety subsection (a) of Code Section 47-17-20, relating to membership of the board, manner of appointment, filling of vacancies, reimbursement of expenses, election of officers, and quorum, and inserting in lieu thereof the following:

"(a) In order to carry out this chapter and to perform the duties fixed in it, there is created the Board of Commissioners of the Peace Officerś Annuity and Benefit Fund. The board shall be composed of six eight members, as follows:

(1) The Governor or the Governoŕs designee;

(2) An appointee of the Governor who is not the Attorney General;

(3) The Commissioner of Insurance or the Commissioneŕs designee;

(4) A peace officer actively employed by an agency of the state or a retired peace officer who was employed by an agency of the state upon retirement;

(5) A peace officer actively employed by a county or a retired peace officer who was employed by a county upon retirement; and

(6) A peace officer actively employed by a municipality or a retired peace officer who was employed by a municipality upon retirement;

(7) An appointee of the Lieutenant Governor; and

(8) An appointee of the Speaker of the House of Representatives."

SECTION 2.

Said chapter is further amended by inserting immediately following Code Section 47-17-70 the following:

"47-17-71.

Any active member of the fund on July 1, 2006, and any person who becomes an active member after such date, may obtain creditable service for prior service as a peace officer rendered prior to January 1, 1976. A member wishing to establish such creditable service shall pay an employeés contribution in an amount equal to $10.00 for each month of such service sought. In order to obtain such creditable service, the member must make written application to the board of trustees no later than December 31, 2006, and provide the board of trustees with such proof of prior service as the board of trustees deems necessary. A member shall be entitled to obtain the creditable service provided by this Code section without regard to the amount of membership service he or she has accrued."

SECTION 3.

The General Assembly shall appropriate funds necessary to fund concurrently the provisions of this Act.

SECTION 4.

This Act shall become effective on July 1, 2006, only if it is determined to have been concurrently funded as provided in Section 2 of this Act and in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2006, as required by subsection (a) of Code Section 47-20-50.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.