08 HB 373/AP
House
Bill 373 (AS PASSED HOUSE AND SENATE)
By:
Representatives Bridges of the
10th,
Day of the
163rd,
Collins of the
27th,
Coleman of the
97th,
Talton of the
145th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating
to retirement benefits in the Employees´ Retirement System of Georgia for
those in service in the Uniform Division of the Department of Public Safety, so
as to provide that such persons may return to full-time employment and retain
their retirement benefits; to provide limitations; to amend Article 5 of Chapter
2 of Title 47 of the Official Code of Georgia Annotated, relating to service
creditable under such retirement system, so as to provide for credit for service
as a member of certain public retirement systems; to provide conditions; 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 47-2-223 of the Official Code of Georgia Annotated, relating to
retirement benefits under the Employees´ Retirement System of Georgia for
those in service in the Uniform Division of the Department of Public Safety, is
amended by adding a new subsection to read as follows:
"(c)(1)
Any other provision of this chapter to the contrary notwithstanding, any member
in service in the Uniform Division of the Department of Public Safety may return
to service in the division not earlier than 12 months following his or her
retirement, and such retired member´s benefits under this chapter shall not
be affected. Any such retired member so employed shall not be considered an
active member of this retirement system, shall not accrue any additional
benefits or further creditable service as a result of such employment, and shall
in all ways be considered by this retirement system solely as a beneficiary;
provided, however, that the employer shall pay all employer and employee
contributions to this retirement system as otherwise provided in this chapter.
The provisions of this subsection shall not become a part of the employment
contract and shall be subject to future legislation. The salary and rank of any
person employed pursuant to this subsection shall be subject to negotiation;
provided, however, that no person shall be employed at a higher salary or at a
higher rank than he or she held at the time of his or her retirement. No person
shall be denied a promotion to a higher rank for which he or she is otherwise
eligible because of the operation of this subsection.
(2)
The Department of Pubic Safety shall have the sole discretion to permit any
person to return to work pursuant to this subsection."
SECTION
1.1.
Article
5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating
to service creditable under the Employees´ Retirement System of Georgia, is
amended by adding a new Code section to read as follows:
"47-2-101.
A
member who was a member of the Georgia Judicial Retirement System but did not
vest may have employer and employee contributions transferred to this retirement
system by notifying both boards by December 31, 2008. Such transfer shall be
with regular interest, less an amount to ensure no increase in the unfunded
actuarial accrued liability occurs. The member may add to such amount up to the
actual service. The board shall grant creditable service in an amount that will
not increase the unfunded actuarial accrued liability. A member who was a member
of the District Attorney´s Retirement System but who did not vest may
obtain creditable service for such service by paying the full actuarial
cost."
SECTION
2.
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
3.
All
laws and parts of laws in conflict with this Act are repealed.