Georgia House of Representatives - 1995/1996 Sessions

HB 118 - Employees' Retirement; service credit; Vietnam conflict

Page Numbers - 1/ 2

1. Twiggs  8th


House Comm: Ret        /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/9/95   Read 1st Time                                                                
              1/10/95  Read 2nd Time                                                                
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Rules Suspended to Introduce                                                                        
                                                                                                    
Code Sections amended: 47-2-334                                                                     


HB 118                                            LC 21 2887






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 47-2-334 of the Official Code of
  1- 2  Georgia Annotated, relating to service retirement allowances
  1- 3  for employees who first or again become members of the
  1- 4  Employees' Retirement System of Georgia on or after July 1,
  1- 5  1982, so as to authorize members to receive military service
  1- 6  credit for active duty service in the armed forces of the
  1- 7  United States during the period of the Vietnam Conflict; to
  1- 8  provide for employee contributions; to provide for
  1- 9  limitations and exceptions; to provide time periods during
  1-10  which an individual is required to purchase credit for such
  1-11  military service in order to be eligible to receive credit
  1-12  for such military service; to provide conditions for an
  1-13  effective date and for automatic repeal; to repeal
  1-14  conflicting laws; and for other purposes.

  1-15       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-16  Code Section 47-2-334 of the Official Code of Georgia
  1-17  Annotated, relating to service retirement allowances for
  1-18  employees who first or again become members of the
  1-19  Employees' Retirement System of Georgia on or after July 1,
  1-20  1982, is amended by striking in its entirety paragraph (2)
  1-21  of subsection (f) and inserting in lieu thereof a new
  1-22  paragraph (2) to read as follows:

  1-23      "(2) Except as otherwise provided in Code Sections
  1-24      47-2-204 and 47-2-266 and paragraph (3) of this
  1-25      subsection and subsection (j) of this Code section, no
  1-26      service shall constitute creditable service except
  1-27      membership service for which the full rate of employee
  1-28      membership contributions and employer contributions are
  1-29      made pursuant to subsections (c) and (d) of this Code
  1-30      section; and".

                         SECTION 2.

  1-31  Said Code section is further amended by adding at the end
  1-32  thereof a new subsection (j) to read as follows:


                                 -1- (Index)

                                                  LC 21 2887

  2- 1    "(j) Any member subject to the provisions of this Code
  2- 2    section who was on active duty in the armed forces of the
  2- 3    United States during the period of the Vietnam Conflict
  2- 4    may receive military service credit for such period of
  2- 5    active duty up to a maximum of five years; provided,
  2- 6    however, that such member shall pay the regular employee
  2- 7    contribution on the compensation first paid to such member
  2- 8    as an employee after first becoming a member subject to
  2- 9    the provisions of this Code section at the contribution
  2-10    rate in effect on the date of membership; provided,
  2-11    further, that no service in the armed forces shall be
  2-12    deemed as creditable under any provision of this
  2-13    subsection if such service has or will be used in the
  2-14    determination of any member's eligibility for retirement
  2-15    benefits or allowances from any other state or federal
  2-16    retirement program, excluding social security and those
  2-17    retirement programs covered under Public Law 810, 80th
  2-18    Congress, as amended.  For the purposes of this
  2-19    subsection, the period of the Vietnam Conflict shall
  2-20    extend from August 5, 1964, through May 7, 1975.
  2-21    Notwithstanding any other time limitation provided in this
  2-22    chapter for obtaining creditable service for military
  2-23    service, a qualified member may obtain military service
  2-24    credit pursuant to the provisions of this subsection prior
  2-25    to July 1, 1997, or within one year after first becoming a
  2-26    member subject to the provisions of this Code section,
  2-27    whichever is later."

                         SECTION 3.

  2-28  This Act shall become effective on July 1, 1996, only if it
  2-29  is determined to have been concurrently funded as provided
  2-30  in Chapter 20 of Title 47 of the Official Code of Georgia
  2-31  Annotated, the "Public Retirement Systems Standards Law";
  2-32  otherwise, this Act shall not become effective and shall be
  2-33  automatically repealed in its entirety on July 1, 1996, as
  2-34  required by subsection (a) of Code Section 47-20-50.

                         SECTION 4.

  2-35  All laws and parts of laws in conflict with this Act are
  2-36  repealed.








                                 -2- (Index)