05 LC 21
7985
Senate
Bill 67
By:
Senators Henson of the 41st, Brown of the 26th, Miles of the 43rd, Fort of the
39th, Tate of the 38th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating
to service credit in the Teachers Retirement System of Georgia for active duty
service in the armed forces of the United States and certain limitations on such
service, so as to provide for creditable service for certain periods of active
duty; 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.
Code
Section 47-3-83 of the Official Code of Georgia Annotated, relating to service
credit in the Teachers Retirement System of Georgia for active duty service in
the armed forces of the United States and certain limitations on such service,
is amended by striking in its entirety subsection (d) and inserting in lieu
thereof the following:
"(d)
In addition to creditable service authorized by subsections (a) and (b) of this
Code section, but subject to the limitations of subsection (c) of this Code
section, a member who was on active duty in the armed forces of the United
States during any period
when a
military draft was in effect and who was
honorably discharged from military service may receive credit for such military
service under the following conditions:
(1)
The total amount of creditable service for military service which may be
received under all provisions of this Code section may not exceed five
years;
(2)
The member shall pay to the board of trustees the regular employee and employer
contributions which would have been paid during the period for which creditable
service is claimed based on the compensation of the member upon first becoming a
teacher after the completion of the military service plus applicable accrued
regular interest on such employee and employer contributions compounded annually
to date of payment; and
(3)
No creditable service for military service may be obtained pursuant to the
authority of this subsection if creditable service for the same military service
has been or may be obtained under subsection (a) or (b) of this Code
section."
SECTION
2.
This
Act shall become effective on July 1, 2005, 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, 2005, as required by subsection (a) of Code
Section 47-20-50.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.