07 SB193/AP
Senate
Bill 193
By:
Senators Mullis of the 53rd, Jones of the 10th and Grant of the 25th
AS PASSED
AS PASSED
AN
ACT
To
amend Title 36 of the Official Code of Georgia Annotated, relating to local
government, so as to provide that, if a county governing authority provides
group health insurance benefits for county employees, such benefits must also be
offered to the sheriff, judge of probate court, clerk of superior court,
full-time magistrate court judges, tax receiver, tax collector, and tax
commissioner on the same terms and conditions as other county employees; to
specify a procedure relating to compensation; to provide for related matters; to
provide effective dates; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by revising Code Section 36-1-11.1, relating to expenditure of funds for
insurance and employment benefits, as follows:
"36-1-11.1.
(a)
The governing authority of any county is authorized to provide, and to expend
county funds for the provision of, group health, life, disability, and liability
insurance, retirement or pension coverage, social security and employment
security coverage, and other similar or related employment benefits for members
of the county governing authority and for elected county officers and the
personnel thereof, as well as for the dependents and beneficiaries of such
officials and personnel; provided, however, that no member of a county governing
authority may become vested in the provision of any retirement or pension
benefits authorized by this subsection until after the next general election in
which said official stands for reelection.
(b)
In the event that a county governing authority provides group health insurance
benefits to employees of the county, such benefits shall also be offered to the
sheriff, judge of probate court, clerk of superior court, full-time magistrate
court judges, tax receiver, tax collector, and tax commissioner on the same
terms and conditions as other county employees.
(c)
Any prior expenditure of county funds in the manner authorized by this Code
section is validated and confirmed; and no person shall be liable in any respect
by reason of his or her participation in any prior provision of the benefits
authorized by this Code section."
SECTION
2.
Said
title is further amended by revising Code Section 36-5-28, relating to
compensation increases for county governing authorities, as
follows:
"36-5-28.
(a)
On and after January 1, 2001, whenever the employees in the classified service
of the state merit system receive a cost-of-living increase or general
performance based increase of a certain percentage or a certain amount, the
compensation to which a member of a governing authority is entitled under
general or local law shall be increased by the same percentage or same amount
applicable to such state employees. If the cost-of-living increase or general
performance based increase received by state employees is in different
percentages or different amounts as to certain categories of employees, the
amount to which a member of a county governing authority is entitled under
general or local law shall be increased by a percentage or an amount not to
exceed the average percentage or average amount of the general increase in
salary granted to the state employees. The Office of Planning and Budget shall
calculate the average percentage increase or average amount increase when
necessary. The periodic changes in the amount to which a member of a county
governing authority is entitled under general or local law shall become
effective on the first day of January following the date that the cost-of-living
increases or general performance based increases received by state employees
become effective; provided, however, that if the cost-of-living increases
received by state employees become effective on January 1, such periodic changes
in the amount to which a member of a county governing authority is entitled
under general or local law shall become effective on the same date that the
cost-of-living increases or general performance based increases received by
state employees become effective.
(b)
Whenever the compensation to which a member of a governing authority is entitled
is increased by local Act or pursuant to Code Section 36-5-24, any additional
increase to be applied as a result of subsection (a) of this Code section shall
be applied to the most recent such increase."
SECTION
3.
(a)
Except as provided in subsection (b) of this section, this Act shall become
effective upon its approval by the Governor or upon its becoming law without
such approval.
(b) Section 1 of this Act shall become effective on July 1, 2007.
(b) Section 1 of this Act shall become effective on July 1, 2007.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.