Georgia House of Representatives - 1995/1996 Sessions

HB 679 - Employees' Retirement; creditable service; certain former teachers

Page Numbers - 1/ 2

Code Sections - 47-9-72

1. Buck  135th


House Comm: Ret        /                Senate Comm: Ret        /                                   
House Vote: Yeas 152   Nays 4           Senate Vote: Yeas 50  Nays 0                                
              ----------------------------------------                                              
               House          Action         Senate                                                 
              ----------------------------------------                                              
              2/10/95  Read 1st Time         1/12/96                                                
              2/13/95  Read 2nd Time         1/29/96                                                
              1/8/96   Favorably Reported    1/26/96                                                
              Sub      Committee Amend/Sub                                                          
              1/11/96  Read 3rd Time         2/1/96                                                 
              1/11/96  Passed/Adopted        2/1/96                                                 
              CS       Comm/Floor Amend/Sub                                                         
              3/15/96  Sent to Governor                                                             
              3/15/96  Signed by Governor                                                           
              519      Act/Veto Number                                                              
              W/F      Effective Date                                                               
              ----------------------------------------                                              
                                                                                                    
Code Sections amended: 47-9-72                                                                      


HB 679                                            LC 21 3554S

               ______________________________ offers the following
      substitute to HB 679:



                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 5 of Chapter 9 of Title 47 of the Official
  1- 2  Code of Georgia Annotated, relating to retirement benefits,
  1- 3  disability benefits, and spouses benefits under the Superior
  1- 4  Court Judges Retirement System, so as to provide that a
  1- 5  member who is disabled after ten years of actual service as
  1- 6  a superior court judge may retire with two-thirds of the
  1- 7  normal retirement benefit; to provide for applicability; to
  1- 8  repeal conflicting laws; to provide conditions for an
  1- 9  effective date and automatic repeal; and for other purposes.

  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-11  Article 5 of Chapter 9 of Title 47 of the Official Code of
  1-12  Georgia Annotated, relating to retirement benefits,
  1-13  disability benefits, and spouses benefits under the Superior
  1-14  Court Judges Retirement System, is amended by striking in
  1-15  its entirety Code Section 47-9-72, relating to eligibility
  1-16  for disability benefits, and inserting in lieu thereof the
  1-17  following:

  1-18    "47-9-72. (Index)

  1-19    (a) After obtaining a minimum of four years of creditable
  1-20    service, any member who becomes totally and permanently
  1-21    disabled to the extent that he or she is unable to perform
  1-22    the duties of his office shall be entitled to receive a
  1-23    disability retirement benefit which shall be one-half of
  1-24    the maximum retirement benefits provided by subsection (b)
  1-25    of Code Section 47-9-70, unless the member would qualify
  1-26    for greater benefits under subsection (a) or (b) of Code
  1-27    Section 47-9-71, in which event that subsection would
  1-28    apply.

  1-29    (b) After obtaining a minimum of ten years of actual
  1-30    service as a superior court judge, any member who becomes
  1-31    totally and permanently disabled to the extent that he or
  1-32    she is unable to perform the duties of his office shall be
  1-33    entitled to receive a disability retirement benefit which


                                 -1- (Index)

                                                 LC 21 3554S

  2- 1    shall be two-thirds of the maximum retirement benefits
  2- 2    provided by subsection (b) of Code Section 47-9-70.  This
  2- 3    subsection shall be used to calculate the benefits of any
  2- 4    member retiring pursuant to this Code section on, before,
  2- 5    or after July 1, 1996; provided, however, that this
  2- 6    subsection shall not be construed to authorize the payment
  2- 7    of retroactive benefits.

  2- 8    (c) The disability of any member applying for disability
  2- 9    retirement benefits shall be determined by the board in
  2-10    the same manner and under the same procedure as disability
  2-11    of state employees is determined in accordance with the
  2-12    applicable provisions of the Employees' Retirement System
  2-13    of Georgia.  Disability retirement benefits shall become
  2-14    payable within 30 days after such disability is determined
  2-15    by the board."

                         SECTION 2.

  2-16  This Act shall become effective on July 1, 1996, only if it
  2-17  is determined to have been concurrently funded as provided
  2-18  in Chapter 20 of Title 47 of the Official Code of Georgia
  2-19  Annotated, the "Public Retirement Systems Standards Law";
  2-20  otherwise, this Act shall not become effective and shall be
  2-21  automatically repealed in its entirety on July 1, 1996, as
  2-22  required by subsection (a) of Code Section 47-20-50.

                         SECTION 3.

  2-23  All laws and parts of laws in conflict with this Act are
  2-24  repealed.




















                                 -2- (Index)