06 LC
21 8981S
The
Senate Retirement Committee offered the following substitute to HB
101:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 5 of Chapter 17 of Title 47 of the Official Code of Georgia
Annotated, relating to service creditable toward retirement under the Peace
Officerś
Annuity and Benefit Fund, so as to provide a statement of legislative findings
and intent; to provide that the board of trustees of such fund shall accept
provisional applications for creditable service for certain prior service; to
provide for proof that certain conditions were met; to provide for funding by
the General Assembly; to provide for the payment and possible refund of employee
contributions; 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.
Article
5 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating
to service creditable toward retirement under the Peace
Officerś
Annuity and Benefit Fund, is amended by inserting at the end thereof a new Code
section to read as follows:
"47-17-71.
(a)
It is the intent of the General Assembly to provide for the grant of creditable
service to any active member of the fund for each month of prior service as a
peace officer rendered prior to January 1, 1976, if during such period the
member was denied membership in the fund or was actively prevented from making
such application because of his or her race or ethnicity.
(b)
The board of trustees is authorized and directed to receive the applications of
such members as would be eligible to receive creditable service under the terms
and conditions as set forth in subsection (c) of this Code section. Entitlement
to such creditable service shall attach upon the submission of application,
subject to all provisions of this Code section relative to funding.
(c)
A member wishing to establish creditable service for service performed prior to
January 1, 1976, as provided in subsection (a) of this Code section, must make
written application to the board of trustees during the six-month period from
July 1, 2006 through December 31, 2006, and:
(1)
Provide the board of trustees with such proof of prior service as the board of
trustees deems necessary, which shall include, at a minimum, pay records, tax
returns, W-2 statements, or a sworn statement of the employer stating that the
employment records bear proof of such employment. Such statement shall be
subject to a civil fine of $5,000.00 for false swearing; and
(2)
Provide the board with a sworn statement of the applicant that he or she applied
for membership in the fund and was denied membership, or that he or she was
actively prevented from making such application because of his or her race or
ethnicity. Such statement shall be subject to a civil fine of $5,000.00 for
false swearing.
(d)
As soon as practicable following the last day for application, the board of
trustees shall cause the actuary for the fund to determine the amount of funding
necessary to grant the creditable service to all members whose applications are
accepted and approved in accordance without creating any actuarial accrued
liability as to the fund, in accordance with the provisions of Chapter 20 of
this title, the 'Public Retirement Systems Standards Law.' A pro rata portion
of one-half of such amount, determined by the number of months of creditable
service requested by each person, shall be assigned as such
persońs
employee contribution required to receive such creditable service. The board of
trustees shall notify each applicant of his or her pro rata share, and each such
person shall pay such amount to the board of trustees not later than March 1,
2007, or thereafter be ineligible to receive such creditable service. During the
regular 2007 session, the General Assembly may appropriate funds sufficient to
cover one-half of the amount determined by the actuary as necessary to grant the
creditable service, together with any portion of the total required employee
contribution which was not received by the board of trustees from the applicants
by March 1, 2007.
(e)
The creditable service provided for in subsection (a) of this Code section shall
be granted on July 1, 2007, only if the board of trustees receives the full
amount determined by the actuary necessary to implement the provisions of this
Code section. Otherwise, the board of trustees shall refund all amounts
received from the members as employee contributions, together with regular
interest thereon, and this Code section shall thereafter have no
effect."
SECTION
2.
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
3.
All
laws and parts of laws in conflict with this Act are repealed.