05 LC 21
8119
House
Bill 379
By:
Representatives Bridges of the
10th
and Cummings of the
16th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating
to the
Employeeś
Retirement System of Georgia, so as to provide that a member of such retirement
system employed on or after July 1, 2006, who has an impairment which prevents
him or her from performing his or her duties in the position he or she held at
the onset of the impairment shall not be entitled to receive a disability
allowance unless his or her employer certifies that there is no available
position comparable in compensation which such employee is capable of
performing; 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
2 of Title 47 of the Official Code of Georgia Annotated, relating to the
Employeeś
Retirement System of Georgia, is amended by striking in its entirety subsection
(b) of Code Section 47-2-123, relating to allowance payable upon death,
disability, or involuntary separation from employment under the
Employeeś
Retirement System of Georgia, restrictions on separating from employment,
restrictions on separating from state service an employee entitled to
involuntary separation benefits, and inserting in lieu thereof the
following:
"(b)(1)
The provisions of this paragraph apply to members of this retirement system who
became members prior to July 1, 2006. Any
member in service who has at least 15 years of creditable service may be retired
on a disability allowance by the board of trustees, upon written application to
the board of trustees by the member or his
or
her employer and upon certification by the
medical board that he
or
she is medically or physically incapable
of further performance of his
or
her duties in the position he
or
she held at the time his
or
her disability originated, that incapacity
is likely to be permanent, and that he
or
she should be retired; provided, however,
that the medical board shall not consider any evidence of such disability which
is not submitted within 12 months after the date the member submits his or her
first application for a disability retirement. The board of trustees may retire
such member not less than 30 days nor more than 90 days after execution and
filing of the written application.
(2)
The provisions of this paragraph apply to members of this retirement system who
first or again became members on or after July 1, 2006. Any member in service
who has at least 15 years of creditable service may be retired on a disability
allowance by the board of trustees, upon written application to the board of
trustees by the member or his or her employer and:
(A)
Upon certification by the medical board that he or she is medically or
physically incapable of further performance of his or her duties in the position
he or she held at the time his or her disability originated; that such
incapacity is likely to be permanent; and that he or she should be retired;
provided, however, that the medical board shall not consider any evidence of
such disability which is not submitted within 12 months after the date the
member submits his or her first application for a disability retirement;
and
(B)
Upon certification by the employer that no other position available which is
comparable in compensation can be found within his or her department, agency, or
other employing unit which he or she is capable of performing, taking into
consideration such medical or physical impairment.
The
board of trustees may retire such member not less than 30 days nor more than 90
days after execution and filing of the written application and receipt of all
required
information."
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.