05 LC 21
8095
House
Bill 362
By:
Representatives Mosley of the
178th,
Lane of the
167th,
and Smith of the
168th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of
Georgia Annotated, relating to membership of superior court judges, district
attorneys, assistant district attorneys, and employees of the Prosecuting
Attorneyś
Council in the
Employeeś
Retirement System of Georgia, so as to define certain terms; to provide that
county paid assistant district attorneys and county paid assistant public
defenders employed on or after July 1, 2006, shall become members of such
retirement system; to provide that persons so employed on June 30, 2006, and who
are not members of a local retirement system shall become members of such
retirement system and may obtain creditable service for certain prior service;
to provide that persons so employed on June 30, 2006, and who are members of a
local retirement system may opt for membership in either retirement system; to
provide that such persons shall receive creditable service for certain prior
service; to provide for the payment and transfer of funds; to provide for
notice; to provide for related matters; 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.
Part
7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia
Annotated, relating to membership of superior court judges, district attorneys,
assistant district attorneys, and employees of the Prosecuting
Attorneyś
Council in the
Employeeś
Retirement System of Georgia, is amended by inserting at the end thereof the
following:
"47-2-268.
(a)
As used in this Code section, the term:
(1)
'County paid assistant district attorney' means assistant district attorneys who
are compensated from county funds.
(2)
'County paid assistant public defender' means assistant public defenders who are
compensated from county funds.
(3)
'Local retirement system' means a retirement or pension system maintained by a
county which includes as members thereof assistant district
attorneys.
(b)
Any person becoming employed as a county paid assistant district attorney or a
county paid assistant public defender on or after July 1, 2006, shall become a
member of this retirement system.
(c)
Any person who is employed as a county paid assistant district attorney or a
county paid assistant public defender on June 30, 2006, and who was not a member
of a local retirement system shall become a member of this retirement system.
Any such person may purchase as creditable service under this retirement system
all or any portion of previous actual service rendered by the member as an
assistant district attorney or assistant public defender and not a member of a
local retirement system. Such creditable service may be purchased by the
membeŕs
paying to the board of trustees all employee and employer contributions which
would have been made if the employee had been a member of this retirement
system, plus regular interest thereon.
(d)
Any person who is employed as a county paid assistant district attorney or a
county paid assistant public defender on June 30, 2006, and who was at that time
a member of a local retirement system may either continue active membership in
the local retirement system or become a member of this retirement system and
transfer creditable service as an employee of the local retirement system to
this retirement system. Any such employee so electing shall receive creditable
service under this retirement system for all accredited service previously
rendered as an employee of the applicable local retirement system. For each
employee so electing, the governing authority of the applicable county or the
board of trustees or other managing body of the applicable local retirement
system, within 30 days after receiving notice as provided in subsection (e) of
this Code section, shall pay to the board of trustees of this retirement system
the total employee and employer contributions plus interest made by or on behalf
of the employee to the local retirement system, together with accumulated
interest thereon; provided, however, that the amount so transferred shall not
exceed the amount necessary to grant the creditable service under this
retirement system authorized by this subsection.
(e)
The options available to any such employee under this Code section must be
exercised not later than December 31, 2006. Any such option shall be exercised
by such employee notifying, in writing, the board of trustees of this retirement
system, the governing authority of the applicable county, and, when applicable,
the board of trustees or other managing body of any local retirement system of
which the employee is a member. If the employee is a member of a local
retirement system, such membership shall continue pending the exercise of an
option provided by this Code section. The choice made by an employee in
selecting an option provided by this Code section shall be irrevocable and may
not at any time thereafter be rescinded or modified.
(f)
The employing county shall pay all employer contributions required by this
chapter.
(g)
No creditable service may be obtained pursuant to the provisions of this
subsection for any period for which creditable service has been or may be
obtained under any other provision of this
chapter."
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.