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HB 1089 - Judges of the Probate Courts Retirement; membership dues

Jenkins, Curtis S (110th)

Status Summary	HC:	Ret	SC:	Ret	FR:	03/24/99	LA:	05/01/00	Signed by Governor

First Reader Summary

A BILL to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that membership dues shall be due on a certain date; to provide that membership dues shall not be required after payment for 20 years; and for other purposes.

Code Sections - 47-11-40/ 47-11-41/ 47-11-42

HB 1089                                            LC 21 5308 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 11 of Title 47 of the Official Code of 
  1- 2  Georgia Annotated, relating to the Judges of the Probate 
  1- 3  Courts Retirement Fund of Georgia, so as to provide that 
  1- 4  membership dues shall be due on a certain date; to provide 
  1- 5  that membership dues shall not be required after payment for 
  1- 6  20 years; to provide that no service credit shall be granted 
  1- 7  for any month in which payment of dues and other fees are in 
  1- 8  arrears; to provide for a suspension in active membership 
  1- 9  for any member in arrears in the payment of dues and other 
  1-10  fees for a certain period; to provide that dues shall not be 
  1-11  required after 20 years of creditable service; to provide 
  1-12  conditions for an effective date and automatic repeal; to 
  1-13  repeal conflicting laws; and for other purposes. 
 
  1-14       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-15                           SECTION 1. 
 
  1-16  Chapter 11 of Title 47 of the Official Code of Georgia 
  1-17  Annotated, relating to the Judges of the Probate Courts 
  1-18  Retirement Fund of Georgia, is amended by striking in its 
  1-19  entirety Code Section 47-11-40, relating to eligibility to 
  1-20  participate in such retirement fund and related matters, and 
  1-21  inserting in lieu thereof the following: 
 
  1-22    "47-11-40. 
 
  1-23    Before any person shall be eligible to participate in the 
  1-24    fund he or she must: 
 
  1-25        (1)(A) Be serving as secretary-treasurer or as an 
  1-26        employee of the board; or 
 
  1-27        (B) Be a duly qualified and commissioned judge of the 
  1-28        probate court of a county of the State of Georgia. Any 
  1-29        judge of a probate court or employee of the board who 
  1-30        desires to participate in the fund shall further 
  1-31        comply with applicable provisions in paragraphs (2) 
  1-32        through (9) of this Code section; 
 
 
 
 
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  2- 1      (2) In the case of judges of the probate courts or 
  2- 2      employees of the board, make application to the board 
  2- 3      for membership in the fund on a blank form to be 
  2- 4      furnished by the board for that purpose, giving such 
  2- 5      information, together with verification and proof 
  2- 6      thereof, as may be required by the board; 
 
  2- 7        (3)(A) As to judges of the probate courts, make 
  2- 8        application to the board within a period of 12 months 
  2- 9        after commencing such service as a judge of the 
  2-10        probate court in order to claim and receive credit for 
  2-11        services rendered retroactive to the date of the 
  2-12        commencement of such service or forever be barred from 
  2-13        claiming or receiving any credit for any service 
  2-14        rendered prior to the date the application is received 
  2-15        in the office of the secretary-treasurer. 
 
  2-16        (B) As to employees of the board, make application to 
  2-17        the board within a period of 12 months after 
  2-18        commencing such service as an employee of the board in 
  2-19        order to claim and receive credit for services 
  2-20        rendered retroactive to the date of the commencement 
  2-21        of such service or forever be barred from claiming or 
  2-22        receiving any credit for any service rendered prior to 
  2-23        the date the application is received in the office of 
  2-24        the secretary-treasurer; provided, however, that no 
  2-25        employee of the board shall be credited with any 
  2-26        service to the board which occurred prior to January 
  2-27        1, 1990; and provided, further, that any person 
  2-28        serving as an employee of the board prior to July 1, 
  2-29        1992, shall have until July 1, 1993, to make 
  2-30        application with the board and to receive credit for 
  2-31        services rendered after January 1, 1990; 
 
  2-32        (4)(A) Any person who on July 1, 1994, has been 
  2-33        eligible for membership in the fund for at least 12 
  2-34        months immediately preceding that date and who has 
  2-35        never joined the fund may join or rejoin the fund by 
  2-36        complying with all relevant provisions of this Code 
  2-37        section; provided, however, that such person must make 
  2-38        application to the board of trustees not later than 
  2-39        June 30, 1995, or forever be barred from receiving 
  2-40        credit toward retirement for any time served prior to 
  2-41        the date any application for membership is received in 
  2-42        the office of the secretary-treasurer. 
 
  2-43        (B) Any person who becomes a member pursuant to 
  2-44        subparagraph (A) of this paragraph shall be entitled 
 
 
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  3- 1        to obtain service credit for any period during which 
  3- 2        such person was eligible for membership. Any person 
  3- 3        who is a member on July 1, 1994, and who has failed to 
  3- 4        obtain service credit for any period of service as a 
  3- 5        probate judge may receive service credit for such 
  3- 6        period for which service credit has not been awarded. 
  3- 7        Such service credit may be obtained not later than 
  3- 8        June 30, 1995, by complying with the provisions of 
  3- 9        paragraphs (5) and (6) of this Code section; 
 
  3-10      (5) As to judges of the probate courts or employees of 
  3-11      the board, file with such application a sworn statement 
  3-12      setting out the length of time served as judge of the 
  3-13      probate court by the applicant since December 22, 1953, 
  3-14      or as an employee of the board since January 1, 1990, 
  3-15      and such judge's net earnings for each month during such 
  3-16      entire period, which may be arrived at by deducting any 
  3-17      and all sums spent for the operation of his or her 
  3-18      office if he or she is on a fee basis, but by the gross 
  3-19      amount if he or she is on salary; provided, however, 
  3-20      that if by either method the income of such judge of the 
  3-21      probate court or employee of the board for his or her 
  3-22      service as such: 
 
  3-23        (A) Exceeds $12,000.00 per annum or an average of more 
  3-24        than $1,000.00 per month for any calendar year prior 
  3-25        to 1979, such income shall be deemed to be not more 
  3-26        than $12,000.00 during such year and shall be adjusted 
  3-27        to this figure; 
 
  3-28        (B) Exceeds $6,000.00 or an average of more than 
  3-29        $1,000.00 per month for the six-month period beginning 
  3-30        January 1, 1979, and ending June 30, 1979, such income 
  3-31        shall be deemed to be not more than $6,000.00 during 
  3-32        such six-month period and shall be adjusted to this 
  3-33        figure; 
 
  3-34        (C) Exceeds $7,500.00 or an average of more than 
  3-35        $1,250.00 per month for the six-month period beginning 
  3-36        July 1, 1979, and ending December 31, 1979, such 
  3-37        income shall be deemed to be not more than $7,500.00 
  3-38        during such six-month period and shall be adjusted to 
  3-39        this figure; 
 
  3-40        (D) Exceeds $15,000.00 per annum or an average of more 
  3-41        than $1,250.00 per month for any calendar year after 
  3-42        1979, such income shall be deemed to be not more than 
 
 
 
 
                                 -3- 
 
 
 
  4- 1        $15,000.00 during such year and shall be adjusted to 
  4- 2        this figure; 
 
  4- 3        (E) Exceeds $20,000.00 per annum or an average of more 
  4- 4        than $1,666.66 per month for any calendar year after 
  4- 5        1990, such income shall be deemed to be not more than 
  4- 6        $20,000.00 during such year and shall be adjusted to 
  4- 7        this figure; 
 
  4- 8        (F) Exceeds $25,000.00 per annum or an average of more 
  4- 9        than $2,083.33 per month for any calendar year after 
  4-10        1992, such income shall be deemed to be not more than 
  4-11        $25,000.00 during such year and shall be adjusted to 
  4-12        this figure; or 
 
  4-13        (G) Exceeds $30,000.00 per annum or an average of more 
  4-14        than $2,500.00 per month for any calendar year after 
  4-15        1998, such income shall be deemed to be not more than 
  4-16        $30,000.00 during such year and shall be adjusted to 
  4-17        this figure; provided, however, that the board of 
  4-18        trustees is authorized to increase such amounts by not 
  4-19        more than 3 percent each year, provided that such 
  4-20        increase is based upon: 
 
  4-21          (i) The recommendation of the actuary of the board 
  4-22          of trustees; 
 
  4-23          (ii) The maintenance of the actuarial soundness of 
  4-24          the fund in accordance with the standards provided 
  4-25          in Code Section 47-20-10 or such higher standards as 
  4-26          may be adopted by the board; and 
 
  4-27          (iii) Such other factors as the board deems 
  4-28          relevant. 
 
  4-29      (6) As to judges of the probate courts or employees of 
  4-30      the board, remit to the board with his or her 
  4-31      application 5 percent of his net monthly earnings up to 
  4-32      the total earning limits specified in paragraph (5) of 
  4-33      this Code section, but no more, the sum of $105.00 per 
  4-34      month as dues, together with interest at a rate of 6 
  4-35      percent per annum from the end of the month in which 
  4-36      such dues accrued; 
 
  4-37      (7) As to judges of the probate courts or employees of 
  4-38      the board, file with the board a sworn statement of net 
  4-39      earnings for each month subsequent to admission as a 
  4-40      member by the close of business of the twentieth day of 
  4-41      the following each month, which net earnings shall be 
  4-42      arrived at as is provided in paragraph (5) of this Code 
 
 
                                 -4- 
 
 
 
  5- 1      section, and, subject to the limitations provided in 
  5- 2      paragraph (5) of this Code section, such income shall be 
  5- 3      adjusted to the figures provided in paragraph (5) of 
  5- 4      this Code section at least once during each such year; 
 
  5- 5      (8) As to judges of the probate courts or employees of 
  5- 6      the board, tender to the board with such monthly 
  5- 7      statements 5 percent of such earnings for that month as 
  5- 8      monthly dues, but such monthly dues shall not average 
  5- 9      more than 5 percent of the limitations provided for in 
  5-10      paragraph (5) of this Code section during any such 
  5-11      calendar year or six-month period specified in paragraph 
  5-12      (5) of this Code section; provided, however, that for 
  5-13      service performed on or after July 1, 1998, such persons 
  5-14      shall remit the sum certain of $105.00; provided, 
  5-15      however, that the requirement for such dues shall cease 
  5-16      after the member has paid such dues for a period of 20 
  5-17      years; and 
 
  5-18      (9)(8) As to judges of the probate courts or employees 
  5-19      of the board, all applications for membership, sworn 
  5-20      statements of net earnings, remittances of dues, and all 
  5-21      other information, facts, or figures in connection with 
  5-22      this Code section are subject to being examined, 
  5-23      audited, and approved by the board." 
 
  5-24                           SECTION 2. 
 
  5-25  Said article is further amended by striking in its entirety 
  5-26  Code Section 47-11-41, relating to service credit in years 
  5-27  in which an arrearage in the payment of dues and other fees 
  5-28  exists, and inserting in lieu thereof the following: 
 
  5-29    "47-11-41. 
 
  5-30    No member shall receive service credit for any calendar 
  5-31    year month in which an arrearage exists on December 31 in 
  5-32    the payment of dues required by Code Section 47-11-40 or 
  5-33    the portion of the collected revenues required to be paid 
  5-34    to the fund by Article 4 of this chapter." 
 
  5-35                           SECTION 3. 
 
  5-36  Said chapter is further amended by inserting immediately 
  5-37  following Code Section 47-11-41, a new Code section to read 
  5-38  as follows: 
 
  5-39    "47-11-42. 
 
  5-40    Any member who has been in arrears in the payment of dues 
  5-41    required by Code Section 47-11-40 or the portion of the 
 
 
                                 -5- 
 
 
 
  6- 1    collected revenues required to be paid  to the fund by 
  6- 2    Article 4 of this chapter for a period of 90 days shall be 
  6- 3    suspended from membership effective on the ninetieth day 
  6- 4    of such arrearage. Such member may apply for reinstatement 
  6- 5    as an active member only during the 30 day period 
  6- 6    beginning with his or her next full term of office, and 
  6- 7    such member shall not receive service credit for such 
  6- 8    period of suspension." 
 
  6- 9                           SECTION 4. 
 
  6-10  Said chapter is further amended by striking in its entirety 
  6-11  subsection (a) of Code Section 47-11-71, relating to the 
  6-12  amount of retirement benefits under such retirement fund, 
  6-13  and inserting in lieu thereof the following: 
 
  6-14      "(a)(1) Any judge of the probate court or employee of 
  6-15      the board who is approved for retirement benefits as 
  6-16      provided in subsection (a) of Code Section 47-11-70 
  6-17      prior to July 1, 1996, shall be paid a monthly sum equal 
  6-18      to 5 percent of the judge's or employee's average 
  6-19      monthly net earnings, as may be determined from reports 
  6-20      of such earnings and subject to the limitations on such 
  6-21      earnings as provided for in Code Section 47-11-40, for 
  6-22      each year served by the judge or employee up to, but not 
  6-23      exceeding, a total of 20 years, except as provided in 
  6-24      subsection (c) of this Code section. No time prior to 
  6-25      December 22, 1953, or for which dues have not been paid 
  6-26      in accordance with Code Section 47-11-40 shall be 
  6-27      considered in determining the number of years of service 
  6-28      of any such judge of the probate court for purposes of 
  6-29      determining retirement pay and no time prior to January 
  6-30      1, 1990, or for which dues have not been paid in 
  6-31      accordance with Code Section 47-11-40 shall be 
  6-32      considered in determining the number of years of service 
  6-33      of any such employee of the board for purposes of 
  6-34      determining retirement pay. 
 
  6-35      (2) Any judge of the probate court or employee of the 
  6-36      board who is approved for retirement benefits as 
  6-37      provided in subsection (a) of Code Section 47-11-70 on 
  6-38      or after July 1, 1996, shall be paid a monthly sum equal 
  6-39      to 5 percent of the judge's or employee's final monthly 
  6-40      net earnings, as may be determined from reports of such 
  6-41      earnings and subject to the limitations on such earnings 
  6-42      as provided for in subparagraph (G) of paragraph (5) of 
  6-43      Code Section 47-11-40, for each year served by the judge 
  6-44      or employee up to, but not exceeding, a total of 20 
 
 
                                 -6- 
 
 
 
  7- 1      years. No time for which dues have not been paid in 
  7- 2      accordance with Code Section 47-11-40 shall be 
  7- 3      considered in determining the number of years of 
  7- 4      service.  
 
  7- 5      (3) After obtaining 20 years of creditable service, a 
  7- 6      member who continues in service shall continue to pay 
  7- 7      dues in accordance with the provisions of Code Section 
  7- 8      47-11-40." 
 
  7- 9                           SECTION 5. 
 
  7-10  This Act shall become effective on July 1, 2000, only if it 
  7-11  is determined to have been concurrently funded as provided 
  7-12  in Chapter 20 of Title 47 of the Official Code of Georgia 
  7-13  Annotated, the "Public Retirement Systems Standards Law"; 
  7-14  otherwise, this Act shall not become effective and shall be 
  7-15  automatically repealed in its entirety on July 1, 2000, as 
  7-16  required by subsection (a) of Code Section 47-20-50. 
 
  7-17                           SECTION 6. 
 
  7-18  All laws and parts of laws in conflict with this Act are 
  7-19  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -7-