06 LC 21
8953S
The
Senate Retirement Committee offered the following substitute to HB
379:
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 applying for a disability retirement shall notify the employing agency;
to provide that the employing agency shall determine if an alternative position
is available for such employee; to provide conditions for such alternative
employment; to provide for a written offer and acceptance or appeal; to provide
procedures for an appeal; to provide that such employee who refuses to accept an
offer of alternative employment shall not be eligible for a disability
retirement; 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.
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, and employee entitled to
involuntary separation benefits, and inserting in lieu thereof the
following:
"(b)(1)
Subject to the provisions of paragraphs (2) through (5) of this subsection,
any
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)
A member making application for a disability retirement pursuant to paragraph
(1) of this subsection shall at the same time submit a copy of such application
together with any supporting documentation accompanying such application to his
or her employing agency. The member shall thereafter provide the employing
agency with any additional information or documentation which he or she submits
to the board of trustees in conjunction with such application.
(3)
After receipt of the notice provided for in paragraph (2) of this subsection,
the head of the
membeŕs
agency or his or her designee shall conduct an interview with the member
applying for disability retirement; provided, however, that any designee of the
head of an agency shall be an official at such agency who is above the level of
the
applicant́s
immediate supervisor and who has the authority to make job assignment decisions.
The interview shall be held within ten business days after receipt of such
notice. Based on the interview and information received by the agency pursuant
to paragraph (2) of this subsection, the agency head or his or her designee
shall determine if an alternative position is available for the member which
meets the following requirements:
(A)
The physical requirements for such position are compatible with the
membeŕs
physical limitations;
(B)
The annual compensation and possibility for future advancement for such position
shall be the same as or greater than that of the current position of the
member;
(C)
The duties for such position shall be reasonably compatible with the experience
and educational qualifications of the member;
(D)
The position shall be one which includes the holder thereof as a member of the
retirement system provided for by this chapter; and
(E)
The position must be available for acceptance by the member and an offer of the
position to the official or member must be made, in writing, by not later than
45 days after the member submitted his or her application for a disability
retirement.
An
agency making an offer of alternative employment as provided in this paragraph
shall so notify the board of trustees within 45 days after the member submitted
his or her application for a disability retirement. After receipt of such
notice, the board of trustees shall not approve a disability retirement until
the procedures of paragraph (4) of this subsection are resolved.
(4)
Any member applying for a disability retirement who is offered a position of
employment in conformity with the requirements of paragraph (3) of this
subsection shall accept the offer or dispute his or her ability to perform the
tasks required by the position offered by submitting a written appeal to the
agency and to the board of trustees within 30 days after receiving the offer.
In the event of an appeal, the agency shall promptly submit to the medical board
a detailed description of the requirements of the position offered and the
medical board shall determine, based upon all information available to it,
whether the member is reasonably capable of performing such tasks. The decision
of the medical board shall be final. If the medical board determines that the
member is unable to perform the tasks required either by the position held at
the time of the application for a disability retirement or the position offered,
the member shall be placed on disability retirement immediately.
(5)
A member who refuses to accept a position offered or file an appeal in a timely
manner or who refuses to accept a position which the medical board has
determined on appeal that he or she is capable of performing shall not be
eligible to receive a disability retirement under this
subsection."
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.