Georgia House of Representatives - 1995/1996 Sessions

HB 1550 - Judges/Solicitors Retirement; chg solicitor to solicitor-general

Page Numbers - 1/ 2

1. McBee  88th            2. Heard  89th             3. Scoggins  24th


House Comm: Ret        /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              2/1/96   Read 1st Time                                                                
              2/2/96   Read 2nd Time                                                                
              2/15/96  Favorably Reported                                                           
              Sub      Committee Amend/Sub                                                          
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Code Sections amended: 47-10-20, 47-10-40                                                           


HB 1550                                           LC 21 3903S


                _________________________ offers the following
      substitute to HB 1550:


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 10 of Title 47 of the Official Code of
  1- 2  Georgia Annotated, relating to the Trial Judges and
  1- 3  Solicitors Retirement Fund, so as to change the designation
  1- 4  of state court solicitor to solicitor-general; to provide an
  1- 5  effective date and automatic repeal; to repeal conflicting
  1- 6  laws; and for other purposes.

  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  Chapter 10 of Title 47 of the Official Code of Georgia
  1- 9  Annotated, relating to the Trial Judges and Solicitors
  1-10  Retirement Fund, is amended by striking in their entirety
  1-11  subsections (b) and (c) of Code Section 47-10-20 of the
  1-12  Official Code of Georgia Annotated, relating to the
  1-13  creation, administration, and management of such fund, and
  1-14  inserting in lieu thereof, respectively, the following:

  1-15    "(b) The board shall be composed of all members of the
  1-16    Board of Trustees of the Employees' Retirement System of
  1-17    Georgia and three additional members appointed by the
  1-18    Governor as follows:

  1-19      (1) One state court judge;

  1-20      (2) One state court solicitor solicitor-general; and

  1-21      (3) One juvenile court judge.

  1-22    (c) The first members appointed by the Governor pursuant
  1-23    to subsection (b) of this Code section shall be appointed
  1-24    to take office on July 1, 1984. The state court judge and
  1-25    the juvenile court judge shall each be appointed for an
  1-26    initial term of two years. The state court solicitor
  1-27    solicitor-general shall be appointed for an initial term
  1-28    of four years. Thereafter, the Governor shall appoint
  1-29    successors to take office upon the expiration of the
  1-30    respective terms of office for terms of four years and
  1-31    until their successors are appointed and qualified. Such
  1-32    members of the board shall be eligible for successive


                                 -1- (Index)

                                                 LC 21 3903S

  2- 1    appointment as members and shall serve until their
  2- 2    successors are appointed and qualified. Any vacancy for
  2- 3    any reason in the membership of the board appointed by the
  2- 4    Governor shall be filled by appointment of the Governor
  2- 5    for the unexpired term."

                         SECTION 2.

  2- 6  Said chapter is further amended by striking in its entirety
  2- 7  paragraph (2) of subsection (a) of Code Section 47-10-40,
  2- 8  relating to membership in such fund, and inserting in lieu
  2- 9  thereof the following:

  2-10      "(2) 'Judge or solicitor of an inferior court' means a
  2-11      person elected or appointed to such office, including
  2-12      without limitation the office of solicitor-general of a
  2-13      state court, for a specific term.  Any person acting as
  2-14      a judge or solicitor of an inferior court on a temporary
  2-15      basis or serving as judge or solicitor pro tempore of an
  2-16      inferior court shall not be eligible for membership in
  2-17      the fund created by this chapter. Any district attorney
  2-18      who also serves as solicitor of an inferior court shall
  2-19      not be eligible for membership in the fund created by
  2-20      this chapter. No juvenile court judge who also serves as
  2-21      a judge or solicitor of an inferior court shall be
  2-22      eligible to obtain separate service under this chapter
  2-23      for each position held, and such service shall be
  2-24      combined for the purposes of this chapter. Any person
  2-25      holding two such positions shall make employee
  2-26      contributions under this chapter on the basis of the
  2-27      compensation received for both such positions, and the
  2-28      compensation received for both such positions shall be
  2-29      combined for all purposes under this chapter."

                         SECTION 3.

  2-30  This Act shall become effective only if House Bill 1430
  2-31  introduced during the 1995 regular session of the General
  2-32  Assembly becomes law; otherwise this Act shall be repealed
  2-33  automatically.

                         SECTION 4.

  2-34  All laws and parts of laws in conflict with this Act are
  2-35  repealed.







                                 -2- (Index)