07 LC 21
9329
House
Bill 659
By:
Representative Powell of the
29th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating
to prior service credit and payments to obtain credit in the Employees´
Retirement System of Georgia, so as to extend the date by which a member must
apply for creditable service for certain military service; 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 47-2-96 of the Official Code of Georgia Annotated, relating to prior
service credit and payments to obtain credit in the Employees´ Retirement
System of Georgia, is amended by revising subsection (j) as
follows:
"(j)
Anything in this chapter to the contrary notwithstanding, any member who was on
active duty in the armed forces of the United States during any period during
which a military draft was in effect, and any member who served an uninterrupted
period of active duty which began during any such period, may receive military
service credit for such period of active duty up to a maximum of two years,
provided that such member shall pay the regular employee contribution of 5
percent of the compensation last paid to such member as an employee before
entering military service or 5 percent of the compensation first paid to such
member as an employee after returning from military service plus 4 1/2 percent
interest on such employee contributions, compounded annually to date of payment;
provided, further, that no service in the armed forces shall be deemed as
creditable under any provisions of this chapter if such service has or will be
used in the determination of any member´s eligibility for retirement
benefits or allowances from any other state or federal retirement program,
excluding social security and those retirement programs covered under Public Law
810, 80th Congress, as amended. Notwithstanding any other time limitation
provided in this chapter for obtaining creditable service for military service,
a qualified member may obtain creditable service pursuant to the provisions of
this subsection by making application therefor prior to December 31,
2003
2008."
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.