05 LC 21
8122
House
Bill 476
By:
Representatives Mumford of the
95th
and Cummings of the
16th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating
to the Superior Court
Clerkś
Retirement Fund of Georgia, so as to provide that membership dues in such fund
shall be due on the first day of each month; to increase the amount of such
dues; to provide that no creditable service shall be granted for months in which
dues payments are in arrears; to increase a certain fee; to provide that a
certain percentage of fines and forfeitures shall be due on the first day of
each month; to provide a penalty for late payment; to provide that a certain
amount collected in certain civil actions and for the recording of certain real
estate instruments shall be due on the first day of the month; to provide for a
penalty for late payments; to provide for retirement benefits after eight years
of service; to provide for the calculation of service creditable for retirement;
to provide for
spouseś
benefits; to provide that the board of governors of such retirement fund shall
be authorized to provide for a surviving
spousés
benefit in the event of the death of a member who would be eligible to receive a
retirement benefit but for reaching the age of 55; to provide conditions under
which such benefit may be granted; 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
14 of Title 47 of the Official Code of Georgia Annotated, relating to the
Superior Court
Clerkś
Retirement Fund of Georgia, is amended by striking in its entirety Code Section
47-14-40, relating to application for membership in the fund, payments by
members into the fund, and penalties for late payments, and inserting in lieu
thereof the following:
"47-14-40.
(a)
Any clerk, in order to participate in the benefits provided for in this chapter,
shall make application to the Superior Court
Clerkś
Retirement Fund of Georgia upon forms to be furnished for that purpose by the
board, giving such information as may be required by the board.
He or she
shall pay $50.00 per month into the fund. All clerks who made application and
are accepted for membership in the fund shall remit to the board, not later than
the tenth day of each subsequent month, the amount due under this
subsection.
Membership
dues shall be $75.00 per month. The first payment shall be made at the time the
application is submitted. Thereafter, all payments shall be due on the first day
of each month but shall be deemed timely if received by the board on or before
the tenth day of the month; provided, however, that for purposes of calculating
late payment penalties the due date shall be the first day of the
month.
(b)
If any
payments
payment
required to be made to the fund by a clerk
shall
remain
remains
unpaid 90 days from the date such payment
shall
be
is
due, there shall also be due a late charge, which late charge shall be interest
from the due date computed at 10 percent per annum or the sum of $5.00,
whichever is the greater amount. In the event of such delinquency, in order to
be eligible to receive any benefits provided by this chapter, a clerk must remit
the late
charge with such delinquent
payments
the late charge as provided for herein
payment.
(c)
No creditable service shall be granted for any month for which dues are in
arrears on December 31, 2006. After such date, the board shall not accept
payment of such dues in arrears, and any claim to creditable service for any
such month shall be forever forfeited. Thereafter, no creditable service shall
be granted for any month for which dues are in arrears on the last day of the
calendar quarter during which the dues were due. After the last day of the
quarter, the board shall not accept payment of such dues in arrears, and any
claim to creditable service for any such month shall be forever
forfeited."
SECTION
2.
Said
chapter is further amended by striking in its entirety Code Section 47-14-50,
relating to payments to the fund from fines and bonds collected in criminal and
quasi-criminal cases, duty of the collecting authority to record and remit, and
penalties for late payment, and inserting in lieu thereof the
following:
"47-14-50.
(a)
As used in
this Code section, the term 'collecting authority' shall include, without
limitation, any county or state officer, including any judicial officer or
employee, or any other person representing or acting on behalf of any court, the
state, or a political subdivision of the state who in his or her capacity
collects or receives fines or forfeitures as provided in this Code
section.
(b)
The sum of $1.75 shall be paid to the board from each fine collected and each
bond forfeited and collected in any criminal or quasi-criminal case for
violation of state
or
local
law,
ordinance, or regulation if the case is
tried in any court of this state in which the clerk of such court is eligible
for membership in this retirement fund. The collecting authority shall pay such
amounts to the board each
quarter
month
or at such other times as the board may provide.
Such amounts
shall be due on the first day of the month following the month in which they
were collected but shall be deemed timely if received by the board on or before
the fifteenth day of the month; provided, however, that for purposes of
calculating late payment penalties the due date shall be the first day of the
month. It shall be the duty of the
collecting authority to keep accurate records of the amounts due the board. Such
records may be audited by the board at any time. The sums remitted to the board
under this Code section shall be used for the purposes provided for in this
chapter.
(b)(c)
If the clerk or other collecting authority whose duty it is to collect and remit
moneys to the fund under subsection
(a)
(b)
of this Code section shall fail to remit such moneys within
60
90
days of the date on which such remittal is due, such moneys shall be delinquent;
and there shall be imposed, in addition to the principal amount due, a specific
penalty in the amount of 5 percent of the principal amount per month for each
month during which the funds continue to be delinquent, provided that such
penalty shall not exceed a total of 25 percent of the principal due. In addition
to such penalty, interest shall be charged on the delinquent moneys at the rate
of 6 percent per annum from the date such moneys became delinquent until they
are paid.
All
After April
1, 1966, all moneys which have not been
paid to the fund within
60
90
days of the due date shall be delinquent. By affirmative vote of all members,
the board, upon the payment of the delinquent moneys together with interest and
for good cause shown, may waive the specific penalty otherwise charged under
this
subsection."
SECTION
3.
Said
chapter is further amended by striking in its entirety Code Section 47-14-51,
relating to payments to the fund from fees collected in certain civil actions
and for recording of instruments pertaining to real estate, records, audit of
records, and the use of sums remitted, and inserting in lieu thereof the
following:
"47-14-51.
(a)
In addition to all other legal costs, the sum of $1.00 shall be charged and
collected in each civil suit, action, case, or proceeding filed in the superior
courts or in any other court of this state in which a clerk eligible for
membership in this retirement fund is clerk, including, without limiting the
generality of the foregoing, all adoptions, charters, certiorari, applications
by a personal representative for leave to sell or reinvest, trade name
registrations, applications for change of name, and all other proceedings of a
civil nature, filed in the superior courts or other such courts.
(b)
In addition to all other legal costs, the sum of
50¢
$1.00
shall be charged and collected in addition to any other fees or costs for the
processing of all instruments pertaining to real estate filed in the superior
courts.
(c)
The clerks shall collect the fees provided for in subsections (a) and (b) of
this Code section and the fees so collected shall be remitted to the board on a
quarterly
monthly
basis or at such time as the board may provide.
Such amounts
shall be due on the first day of the month following the month in which they
were collected but shall be deemed timely if received by the board on or before
the fifteenth day of the month; provided, however, that for purposes of
calculating late payment penalties the due date shall be the first day of the
month. It shall be the duty of the clerks
to keep accurate records of the amounts due the board under this Code section
and such records may be audited by the board at any time. The sums remitted to
the board under this Code section shall be used for the purposes provided in
this chapter.
(d)
If the clerk or other collecting authority whose duty it is to collect and remit
moneys to the fund under subsection (a) of this Code section fails to remit such
moneys within 90 days of the date on which such remittal is due, such moneys
shall be delinquent; and there shall be imposed, in addition to the principal
amount due, a specific penalty in the amount of 5 percent of the principal
amount per month for each month during which the funds continue to be
delinquent, provided that such penalty shall not exceed a total of 25 percent of
the principal due. In addition to such penalty, interest shall be charged on the
delinquent moneys at the rate of 6 percent per annum from the date such moneys
became delinquent until they are paid. All moneys which have not been paid to
the fund within 90 days of the due date shall be delinquent. By affirmative vote
of all members, the board, upon the payment of the delinquent moneys together
with interest and for good cause shown, may waive the specific penalty otherwise
charged under this
subsection."
SECTION
4.
Said
chapter is further by striking in its entirety Code Section 47-14-70, relating
to eligibility for retirement benefits, additional or partial retirement
benefits, and election to provide both retirement and survivors benefits, and
inserting in lieu thereof the following:
"47-14-70.
(a)
A member with at least 20 years of service shall receive retirement benefits of
$1,700.00 per month upon retirement, provided that at least 12 years of such
service shall have been served as a clerk, and the member must have served
continuously as a clerk for the four years immediately preceding the
membeŕs
retirement. Subject to the restrictions set out in this subsection, in computing
such service, a member also may include service as a deputy clerk of the
superior court and not more than four years of service as a member of the armed
forces of the United States on active duty during any period of time in which
the United States was engaged in an armed conflict, regardless of whether a
state of war had been declared by Congress, provided that no service as a member
of the armed forces of the United States shall be deemed as service for purposes
of obtaining retirement benefits under this chapter if such service has or will
be used in the determination of the
membeŕs
eligibility for retirement benefits or allowances from any other state or
federal retirement program, excluding social security. A clerk of the superior
court may not include service for eligibility purposes for years in which the
clerk has not completed the training requirements set out in paragraph (1) of
subsection (c) of Code Section 15-6-50. No member who is subject to the
provisions of Code Section 15-6-50 shall be entitled to include, for purposes of
eligibility to receive a benefit under this chapter, service during which he or
she was not in compliance with the training requirements of subsection (c) of
such Code section.
(b)
If a member is eligible to retire under subsection (a) of this Code section but
does not retire and continues to serve as clerk, he or she shall be entitled to
receive, upon retirement, the amount to which he or she would have been entitled
under subsection (a) of this Code section; and, in addition, for each year of
service beyond the required 20 years, he or she shall receive an additional 5
percent of the amount he or she would be entitled to under subsection (a) of
this Code section.
(c)
In lieu of the retirement benefits provided in subsections (a) and (b) of this
Code section, a member, upon retirement, may elect to receive 90 percent of the
benefits the member is entitled to receive under subsections (a) and (b) of this
Code section during the remainder of the
membeŕs
life; and, after the
membeŕs
death, the
membeŕs
surviving spouse shall receive a monthly sum during the lifetime of the
surviving spouse equal to 50 percent of the amount which the member would have
received had the member elected the full benefits provided under subsections (a)
and (b) of this Code section. In order to be eligible for such benefits, the
surviving spouse must have been married to the member for at least six years
immediately preceding the
membeŕs
death. Such benefits shall not commence until after the surviving spouse reaches
55 years of age.
(d)(c)
A member with at least 16 years of service either as a clerk or deputy clerk
shall receive retirement benefits of $1,360.00 per month upon retirement,
provided that at least eight years of such service shall have been served as a
clerk, and the member must have served continuously as a clerk for the four
years immediately preceding the
membeŕs
retirement. No other type of service shall be counted toward such retirement
benefits.
(e)(d)
A member with at least 12 years of service either as a clerk or deputy clerk
shall receive retirement benefits of $1,020.00 per month upon retirement,
provided that at least eight years of such service shall have been served as a
clerk, and the member must have served continuously as a clerk for the four
years immediately preceding the
membeŕs
retirement. No other type of service shall be counted toward such retirement
benefits.
(e)
A member with at least eight years of service as a clerk shall receive
retirement benefits of $680.00 per month upon retirement; provided, however,
that the member must have served continuously as a clerk for the four years
immediately preceding the
membeŕs
retirement. No other type of service shall be counted toward such retirement
benefits.
(f)
Any other provisions of this chapter to the contrary notwithstanding, all
members who retire on or after April 1, 1976, for whatever reason and who
otherwise meet the requirements for retirement benefits under either subsection
(c),
(d),
or (e) of this Code section shall be entitled to an additional benefit based on
service in excess of the minimum required for such retirement benefits, provided
that such service is of the kind for which credit toward retirement benefits
would be given under subsection
(c),
(d),
or (e) of this Code section. The amount of the retirement benefit shall be based
on the ratio that the total number of years served bears to the minimum number
of years required for benefits under subsection
(c),
(d),
or (e) of this Code section, as appropriate. For example, the following table is
illustrative of the additional benefits computation under this Code
section:
|
Years
of Service at Retirement
|
Benefits
Received
|
|
9
|
Nine-eighths
of the benefits provided in subsection (e) of this Code section
|
|
10
|
Ten-eighths
of the benefits provided in subsection (e) of this Code section
|
|
11
|
Eleven-eighths
of the benefits provided in subsection (e) of this Code section
|
|
13
|
Thirteen-twelfths
of the benefits provided in subsection
(e)
(d)
of this Code section
|
|
14
|
Fourteen-twelfths
of the benefits provided in subsection
(e)
(d)
of this Code section
|
|
15
|
Fifteen-twelfths
of the benefits provided in subsection
(e)
(d)
of this Code section
|
|
17
|
Seventeen-sixteenths
of the benefits provided in subsection
(d)
(c)
of this Code section
|
|
18
|
Eighteen-sixteenths
of the benefits provided in subsection
(d)
(c)
of this Code section
|
|
19
|
Nineteen-sixteenths
of the benefits provided in subsection
(d)
(c)
of this Code section
|
(g)
In lieu of the retirement benefits provided in subsections (a) through (f) of
this Code section, a member, upon retirement, may elect to receive 90 percent of
the benefits the member is entitled to receive under subsections (a) through (f)
of this Code section during the remainder of the
membeŕs
life; and, after the
membeŕs
death, the
membeŕs
surviving spouse shall receive a monthly sum during the lifetime of the
surviving spouse equal to 50 percent of the amount that the member would have
received had the member elected the full benefits provided under subsections (a)
through (f) of this Code section. In order to be eligible for such benefits, the
surviving spouse must have been married to the member for at least six years
immediately preceding the
membeŕs
death. Such benefits shall not commence until after the surviving spouse reaches
55 years of age.
(g)(h)
No person shall receive credit toward the retirement benefits set forth in
subsections (a) and (b) of this Code section for any service performed
after
February 15, 1952, unless payment for the
period covered by such service has been made to the board. No person shall be
eligible for the benefits provided in this Code section unless his or her
official duties have terminated and he or she files an application for benefits
within 90 days, or as soon thereafter as possible, from the termination of his
or her official duties.
(i)
In calculating creditable service for retirement purposes, monthly service shall
be included in order to determine fractional years of service. A month in which
15 or more days of creditable service have been performed by a member shall
count as a full month of service for the purposes of this subsection. A member
who is entitled to receive the retirement benefits provided in subsections (a)
through (f) of this Code section and who has completed any fractional year of
service shall be entitled to the benefits set forth in subsections (a) through
(f) of this Code section in proportion to the fractional years of service that
the member has
performed."
SECTION
5.
Said
chapter is further amended by inserting immediately following Code Section
47-14-78 a new Code section to read as follows:
"47-14-79.
(a)
Subject to the provisions of subsection (c) of this Code section, the board is
authorized to provide by rule or regulation for surviving
spouseś
benefits as provided in subsection (b) of this Code section. Once granted, such
benefits shall be irrevocable but shall be subject to the provisions of Code
Section 47-14-90.
(b)
Subject to subsections (a) and (c) of this Code section, the board is authorized
to provide by rule or regulation that, in the event of the death of any clerk
who has not retired under any of the provisions of this chapter but who would be
eligible to do so except for not having attained the age of 55, whether or not
such clerk has terminated his or her official duties as clerk, the surviving
spouse shall receive a monthly sum during his or her lifetime equal to 50
percent of the amount such clerk would have received had he or she retired under
subsection (c) of Code Section 47-14-70. In order to receive such benefits, any
such spouse must be at least 55 years of age and have been married to such clerk
for at least six years immediately preceding the death of the
clerk.
(c)
The board of trustees shall be authorized to provide for the benefits as stated
in subsection (b) of this Code section only upon:
(1)
The recommendation of the actuary for the board;
(2)
The maintenance of the actuarial soundness of the fund in accordance with the
standards provided in Code Section 47-20-10 or such higher standards as may be
adopted by the board; and
(3)
Such other factors as the board deems
relevant."
SECTION
6.
This
Act shall become effective on July 1, 2006, only if it is determined to have
been concurrently funded as provided 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
7.
All
laws and parts of laws in conflict with this Act are repealed.