hb749_HB_749_AP

hb749_HB_749_AP_7.html

06 LC 21 8470S/AP

House Bill 749 (AS PASSED HOUSE AND SENATE)

By: Representatives Cummings of the 16th and Forster of the 3rd

A BILL TO BE ENTITLED
AN ACT

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide for the merger of the Georgia Firefighterś Pension Fund and the Georgia Class Nine Fire Department Pension Fund; to define a certain term; to provide for a transfer of membership and assets; to repeal Chapter 7A, relating to the Georgia Class Nine Fire Department Pension Fund; 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.

Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety paragraph (3) of Code Section 47-7-1, relating to definitions, and inserting in lieu thereof the following:

"(3) 'Firefighter' means a person who is a:

(A) A full-time employee of a fire department who in the course of full-time employment by and within a department either:

(A) (i) Is a candidate for or holds a current firefighteŕs certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires; or

(B) (ii) Has as incident to the position of employment the principal responsibility to perform, and actually performs, support functions for fire prevention and fire suppression activities of the fire department of a type which the board by regulation finds have been traditionally and customarily performed by employees of fire departments in the State of Georgia, including, without limitation, the activities of administrative personnel within the department, mechanics whose primary duties are the maintenance and repair of fire-fighting equipment and apparatus, operating engineers whose primary duties are the operation of fire-fighting equipment and apparatus, communications and clerical personnel, and fire prevention and fire inspection personnel; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services; or

(B) Appointed and regularly enrolled as a volunteer with a class nine fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23."

SECTION 2.

Said title is further amended by inserting at the end of Code Section 47-7-40, relating to eligibility to apply for membership in the Georgia Firefighterś Pension Fund, the following:

"(c) On and after July 1, 2006, the membership, assets, and administration of the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title shall be transferred to this pension fund, and the Georgia Class Nine Fire Department Pension Fund shall cease to exist as a separate entity. All members so transferred shall receive creditable service for all service credited under such retirement system and shall be entitled to all rights and benefits accorded to members of this retirement system."

SECTION 3.

Said title is further amended by repealing in its entirety subsection (f) of Code Section 47-7-61, relating to the tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and penalty for failure to report and pay such tax, which reads as follows:

"(f) Commencing with the fiscal year ending on June 30, 2001, at the end of each fiscal year, the board shall transfer to the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title an amount equal to the tax revenues collected by the board pursuant to this Code section with respect to gross premiums on policies covering property served by public fire suppression facilities which are rated as class nine under the Fire Suppression Rating Schedule or a rating which the board determines is its substantial equivalent."

SECTION 4.

Said title is further amended by striking in its entirety Code Section 47-7-86, relating to creditable service for other pension fund participation for members of the Georgia Class Nine Fire Department Pension Fund, and inserting in lieu thereof the following:

"47-7-86.

(a) Any former member of the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title who becomes a member of this pension fund shall be entitled to receive creditable service for the time he or she was a member of such other pension fund as provided by this Code section. Upon request, the Board of Trustees of the Georgia Class Nine Fire Department Pension Fund shall transfer to the board of trustees of this pension fund the full amount of dues paid by such member while he or she was a member of such other pension fund.

(b) Any member receiving creditable service under this Code section shall receive creditable service in this pension fund equal to the number of years of his or her membership in the Georgia Class Nine Fire Department Pension Fund.

(c) Upon retirement, a member who receives creditable service under this Code section and who is otherwise eligible to receive a retirement benefit under this pension fund shall have a vested right in and to a monthly benefit payable for the membeŕs lifetime equal the sum of:

(1) A pro rata amount of the maximum monthly retirement benefit in effect on the date of such termination of service, which amount shall be determined by the ratio of years of membership in this pension fund to 25 years; and

(2) A pro rata amount of the maximum monthly retirement benefit provided in Chapter 7A of this title in effect on the date of such termination of service, which amount shall be determined by the ratio of years of membership in such pension fund to 25 years. Reserved."

SECTION 5.

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 6.

All laws and parts of laws in conflict with this Act are repealed.