05 LC 21
8240
House
Bill 651
By:
Representative Sims of the
169th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating
to the salary for district attorneys emeritus and suspension of office upon
eligibility for or appointment to certain positions, so as to increase the
salary of district attorneys emeritus; to provide for a cost-of-living increase
in such salary; 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.
Code
Section 47-12-82 of the Official Code of Georgia Annotated, relating to the
salary for district attorneys emeritus and suspension of office upon eligibility
for or appointment to certain positions, is amended by striking in its entirety
subsection (a) and inserting in lieu thereof the
following:
"(a) Any person holding office as a district attorney emeritus on July 1, 1990 2006, or who is appointed to such position on or after such date shall receive from the State of Georgia an annual salary of $15,000.00 $25,000.00 or one-half of the state salary received by such person as a district attorney for the calendar year immediately prior to the persońs retirement and resignation as an active district attorney, whichever is the greater amount. Such annual salary shall be paid in equal monthly installments. The annual salary provided for in this subsection shall apply to the calculation of the amount of spouseś benefits under Code Section 47-12-42 as applied to persons receiving such benefits on July 1, 1990 2006, and as applied to persons who begin receiving such benefits on or after July 1, 1990 2006."
"(a) Any person holding office as a district attorney emeritus on July 1, 1990 2006, or who is appointed to such position on or after such date shall receive from the State of Georgia an annual salary of $15,000.00 $25,000.00 or one-half of the state salary received by such person as a district attorney for the calendar year immediately prior to the persońs retirement and resignation as an active district attorney, whichever is the greater amount. Such annual salary shall be paid in equal monthly installments. The annual salary provided for in this subsection shall apply to the calculation of the amount of spouseś benefits under Code Section 47-12-42 as applied to persons receiving such benefits on July 1, 1990 2006, and as applied to persons who begin receiving such benefits on or after July 1, 1990 2006."
SECTION
2.
Said
Code section is further amended by inserting at the end thereof the
following:
"(f)
Any other provision of law to the contrary notwithstanding, additional
retirement benefits shall be paid to each person, including a surviving spouse,
who was receiving benefits under this chapter on July 1, 2006, or who becomes
entitled to receive benefits on or after July 1, 2006. Such additional benefits
shall be annual cost-of-living benefits equal to the benefit a member would
otherwise be entitled to receive as calculated pursuant to subsections (a)
through (e) of this Code section and any benefits previously received as
authorized by this subsection multiplied by the percentage of any increase in
the Consumer Price Index of the Bureau of Labor Statistics of the United States
Department of Labor for all items and major groups, United States city average,
for the immediately preceding calendar year; provided, however, that such annual
percentage increase in benefits shall not exceed 3 percent regardless of the
percentage increase in the Consumer Price Index. In any year in which there is
no percentage increase in such Consumer Price Index, no additional retirement
benefits shall be paid under this
subsection."
SECTION
3.
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
4.
All
laws and parts of laws in conflict with this Act are repealed.