Georgia House of Representatives - 1995/1996 Sessions

HB 139 - Employees' Ret; disability; terminated employee

Page Numbers - 1

1. Cummings  27th         2. McBee  88th             3. Shanahan  10th


House Comm: Ret        /                Senate Comm: Ret        /               
House Vote: Yeas 94    Nays 1           Senate Vote: Yeas 51  Nays 0            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/11/95  Read 1st Time         2/9/95                             
              1/12/95  Read 2nd Time         2/17/95                            
              1/26/95  Favorably Reported    2/16/95                            
              Sub      Committee Amend/Sub                                      
              2/8/95   Read 3rd Time         3/9/95                             
              2/8/95   Passed/Adopted        3/9/95                             
              FS       Comm/Floor Amend/Sub                                     
              3/23/95  Sent to Governor                                         
              4/7/95   Signed by Governor                                       
              261      Act/Veto Number                                          
              7/1/95   Effective Date                                           
              ----------------------------------------                          
                                                                                
Code Sections amended: 47-2-123                                                 


HB 139                                           LC 21 3242S

               The House Committee on Retirement offers the following
      substitute to HB 139:



                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 47-2-123 of the Official Code of
  1- 2  Georgia Annotated, relating to allowances payable upon
  1- 3  death, disability, or involuntary separation under the
  1- 4  Employees' Retirement System of Georgia, so as to provide
  1- 5  that no evidence of a disability shall be considered by the
  1- 6  medical board which is not submitted within a certain time;
  1- 7  to repeal conflicting laws; and for other purposes.

  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 9  Code Section 47-2-123 of the Official Code of Georgia
  1-10  Annotated, relating to allowances payable upon death,
  1-11  disability, or involuntary separation under the Employees'
  1-12  Retirement System of Georgia, is amended by striking in its
  1-13  entirety subsection (b) and inserting in lieu thereof the
  1-14  following:

  1-15    "(b) Any member in service who has at least 15 years of
  1-16    creditable service may be retired on a disability
  1-17    allowance by the board of trustees, upon written
  1-18    application to the board of trustees by the member or his
  1-19    employer and upon certification by the medical board that
  1-20    he is medically or physically incapable of further
  1-21    performance of his duties in the position he held at the
  1-22    time his disability originated, that incapacity is likely
  1-23    to be permanent, and that he should be retired; provided,
  1-24    however, that the medical board shall not consider any
  1-25    evidence of such disability which is not submitted within
  1-26    12 months after the date the member submits his or her
  1-27    first application for a disability retirement. The board
  1-28    of trustees may retire such member not less than 30 days
  1-29    nor more than 90 days after execution and filing of the
  1-30    written application."

                         SECTION 2.

  1-31  All laws and parts of laws in conflict with this Act are
  1-32  repealed.


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