07 LC 21
9057
House
Bill 344
By:
Representatives Mumford of the
95th
and Maxwell of the
17th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 47 of the Official Code of Georgia Annotated, relating to retirement
and pensions, so as to provide that a person appointed to the position of
circuit public defender may elect membership in either the Employees´
Retirement System of Georgia or the Georgia Judicial Retirement System; to
provide for notice; to provide for a transfer of funds; to provide for a grant
of creditable service; to provide that the membership of certain members of
such retirement system shall be governed in a certain manner; 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 inserting immediately following Code Section 47-2-73 the
following:
"47-2-74.
Any
person appointed to the position of circuit public defender pursuant to Article
2 of Chapter 12 of Title 17 shall make an irrevocable election either to remain
or become a member of this retirement system or to become a member of the
Georgia Judicial Retirement System by so notifying the board of trustees of this
retirement system and the board of trustees of the Georgia Judicial Retirement
System not later than December 31, 2008, or within 90 days after assuming such
office, whichever date is later. If such person is a member of this retirement
system at the time of making such election, he or she shall continue membership
in the same status as he or she had at that time. All employer contributions
which are required by this chapter shall be made from funds appropriated by or
otherwise available for the operation of the Georgia Public Defender Standards
Council."
SECTION
2.
Said
title is further amended by revising Code Section 47-23-43, relating to the
preservation of prior rights under such Code section, as follows:
"47-23-43.
Any
person
subject to
the provisions of this Code section on June 30, 2005, shall retain all rights
and obligations as exist on that day. Such
persons
who was a
member of this retirement system on or before July 1, 2005, by virtue of his or
her employment pursuant to Code Section 28-4-3 or 45-15-31 and any circuit
public defender who becomes a member of this retirement system pursuant to the
provisions of Code Section 47-23-51 shall
be subject to all provisions of this chapter applicable to solicitors-general of
the state courts."
SECTION
3.
Said
title is further amended by inserting immediately following Code Section
47-23-50 the following:
"47-23-51.
(a)
Any circuit public defender appointed pursuant to Article 2 of Chapter 12 of
Title 17, including such persons serving on July 1, 2008, and persons so
appointed thereafter, may make an irrevocable election either to become a
member of this retirement system or to remain or become a member of the
Employees´ Retirement System of Georgia by so notifying the board of
trustees of this retirement system and the board of trustees of the
Employees´ Retirement System of Georgia not later than December 31, 2008,
or within 90 days after assuming such office, whichever date is later.
(b)
If the circuit public defender was a member of the Employees´ Retirement
System of Georgia at the time of making such election, the Employees´
Retirement System of Georgia shall transfer to this retirement system all
employer and employee contributions paid by or on behalf of any such member with
regular interest thereon. The member is authorized, but not required, to pay to
the board of trustees such additional amount as the member desires, such payment
to be made within 12 months of electing to become a member of this retirement
system. Such member shall receive only such creditable service, not to exceed
the actual years of service, as that amount will warrant without creating any
accrued liability to this retirement system, calculated as if the member had
either elected or rejected spouse´s survivors benefits at the member´s
option.
(c)
All employer contributions which are required by this chapter shall be made from
funds appropriated by or otherwise available for the operation of the Georgia
Public Defender Standards Council."
SECTION
4.
This
Act shall become effective on July 1, 2008, 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, 2008, as required by subsection (a) of Code
Section 47-20-50.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.