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
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.