| HB 519 - Judges of the Probate Courts Ret; chief magistrate; membership |
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 under certain
circumstances, the chief magistrate of a county shall be eligible
for membership in such fund; to provide for employee and employer
contributions; and for other purposes.
| House |
Action |
Senate |
| 2/9/99 |
Read 1st Time |
|
| 2/10/99 |
Read 2nd Time |
|
HB 519 LC 21 5226
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 under certain circumstances, the chief magistrate of a
1- 5 county shall be eligible for membership in such fund; to
1- 6 provide for employee and employer contributions; to provide
1- 7 for related matters; to provide conditions for an effective
1- 8 date and automatic repeal; to repeal conflicting laws; and
1- 9 for other purposes.
1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-11 SECTION 1.
1-12 Chapter 11 of Title 47 of the Official Code of Georgia
1-13 Annotated, relating to the Judges of the Probate Courts
1-14 Retirement Fund of Georgia, is amended by striking of Code
1-15 Section 47-11-40, relating to eligibility to participate in
1-16 such retirement fund and related matters, and inserting in
1-17 lieu thereto the following:
1-18 "47-11-40.
1-19 Before any person shall be eligible to participate in the
1-20 fund he such person must:
1-21 (1)(A) Be serving as secretary-treasurer or as an
1-22 employee of the board; or
1-23 (B) Be a duly qualified and commissioned judge of the
1-24 probate court of a county of the State of Georgia; or
1-25 (C) Be a chief magistrate eligible for membership
1-26 pursuant to Code Section 47-11-42."
1-27 Any judge of a probate court,or employee of the board,or eligible chief magistrate who desires to participate
1-29 in the fund shall further comply with applicable
1-30 provisions in paragraphs (2) through (9) of this Code
1-31 section;
-1-
2- 1 (2) In the case of judges of the probate courts, or
2- 2 employees of the board, or eligible chief magistrate
2- 3 make application to the board for membership in the fund
2- 4 on a blank to be furnished by the board for that
2- 5 purpose, giving such information, together with
2- 6 verification and proof thereof, as may be required by
2- 7 the board;
2- 8 (3)(A) As to judges of the probate courts, make
2- 9 application to the board within a period of 12 months
2-10 after commencing such service as a judge of the
2-11 probate court in order to claim and receive credit for
2-12 services rendered retroactive to the date of the
2-13 commencement of such service or forever be barred from
2-14 claiming or receiving any credit for any service
2-15 rendered prior to the date the application is received
2-16 in the office of the secretary-treasurer.
2-17 (B) As to employees of the board, make application to
2-18 the board within a period of 12 months after
2-19 commencing such service as an employee of the board in
2-20 order to claim and receive credit for services
2-21 rendered retroactive to the date of the commencement
2-22 of such service or forever be barred from claiming or
2-23 receiving any credit for any service rendered prior to
2-24 the date the application is received in the office of
2-25 the secretary-treasurer; provided, however, that no
2-26 employee of the board shall be credited with any
2-27 service to the board which occurred prior to January
2-28 1, 1990; and provided, further, that any person
2-29 serving as an employee of the board prior to July 1,
2-30 1992, shall have until July 1, 1993, to make
2-31 application with the board and to receive credit for
2-32 services rendered after January 1, 1990;
2-33 (4)(A) Any person who on July 1, 1994, has been
2-34 eligible for membership in the fund for at least 12
2-35 months immediately preceding that date and who has
2-36 never joined the fund may join or rejoin the fund by
2-37 complying with all relevant provisions of this Code
2-38 section; provided, however, that such person must make
2-39 application to the board of trustees not later than
2-40 June 30, 1995, or forever be barred from receiving
2-41 credit toward retirement for any time served prior to
2-42 the date any application for membership is received in
2-43 the office of the secretary-treasurer.
-2-
3- 1 (B) Any person who becomes a member pursuant to
3- 2 subparagraph (A) of this paragraph shall be entitled
3- 3 to obtain service credit for any period during which
3- 4 such person was eligible for membership. Any person
3- 5 who is a member on July 1, 1994, and who has failed to
3- 6 obtain service credit for any period of service as a
3- 7 probate judge may receive service credit for such
3- 8 period for which service credit has not been awarded.
3- 9 Such service credit may be obtained not later than
3-10 June 30, 1995, by complying with the provisions of
3-11 paragraphs (5) and (6) of this Code section;
3-12 (5) As to judges of the probate courts or employees of
3-13 the board, file with such application a sworn statement
3-14 setting out the length of time served as judge of the
3-15 probate court by the applicant since December 22, 1953,
3-16 or as an employee of the board since January 1, 1990,
3-17 and such judge's net earnings for each month during such
3-18 entire period, which may be arrived at by deducting any
3-19 and all sums spent for the operation of his or her
3-20 office if he or she is on a fee basis, but by the gross
3-21 amount if he or she is on salary; provided, however,
3-22 that if by either method the income of such judge of the
3-23 probate court or employee of the board for his or her
3-24 service as such:
3-25 (A) Exceeds $12,000.00 per annum or an average of more
3-26 than $1,000.00 per month for any calendar year prior
3-27 to 1979, such income shall be deemed to be not more
3-28 than $12,000.00 during such year and shall be adjusted
3-29 to this figure;
3-30 (B) Exceeds $6,000.00 or an average of more than
3-31 $1,000.00 per month for the six-month period beginning
3-32 January 1, 1979, and ending June 30, 1979, such income
3-33 shall be deemed to be not more than $6,000.00 during
3-34 such six-month period and shall be adjusted to this
3-35 figure;
3-36 (C) Exceeds $7,500.00 or an average of more than
3-37 $1,250.00 per month for the six-month period beginning
3-38 July 1, 1979, and ending December 31, 1979, such
3-39 income shall be deemed to be not more than $7,500.00
3-40 during such six-month period and shall be adjusted to
3-41 this figure;
3-42 (D) Exceeds $15,000.00 per annum or an average of more
3-43 than $1,250.00 per month for any calendar year after
-3-
4- 1 1979, such income shall be deemed to be not more than
4- 2 $15,000.00 during such year and shall be adjusted to
4- 3 this figure;
4- 4 (E) Exceeds $20,000.00 per annum or an average of more
4- 5 than $1,666.66 per month for any calendar year after
4- 6 1990, such income shall be deemed to be not more than
4- 7 $20,000.00 during such year and shall be adjusted to
4- 8 this figure;
4- 9 (F) Exceeds $25,000.00 per annum or an average of more
4-10 than $2,083.33 per month for any calendar year after
4-11 1992, such income shall be deemed to be not more than
4-12 $25,000.00 during such year and shall be adjusted to
4-13 this figure; or
4-14 (G) Exceeds $30,000.00 per annum or an average of more
4-15 than $2,500.00 per month for any calendar year after
4-16 1998, such income shall be deemed to be not more than
4-17 $30,000.00 during such year and shall be adjusted to
4-18 this figure; provided, however, that the board of
4-19 trustees is authorized to increase such amounts by not
4-20 more than 3 percent each year, provided that such
4-21 increase is based upon:
4-22 (i) The recommendation of the actuary of the board
4-23 of trustees;
4-24 (ii) The maintenance of the actuarial soundness of
4-25 the fund in accordance with the standards provided
4-26 in Code Section 47-20-10 or such higher standards as
4-27 may be adopted by the board; and
4-28 (iii) Such other factors as the board deems
4-29 relevant.;
4-30 (6) As to judges of the probate courts or employees of
4-31 the board, remit to the board with his or her
4-32 application 5 percent of his or her net monthly earnings
4-33 up to the total earning limits specified in paragraph
4-34 (5) of this Code section, but no more, as dues, together
4-35 with interest at a rate of 6 percent per annum from the
4-36 end of the month in which 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 twentieth day of the following month,
4-41 which net earnings shall be arrived at as is provided in
4-42 paragraph (5) of this Code section, and, subject to the
-4-
5- 1 limitations provided in paragraph (5) of this Code
5- 2 section, such income shall be adjusted to the figures
5- 3 provided in paragraph (5) of this Code section at least
5- 4 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; and
5-15 (9) As to judges of the probate courts or employees of
5-16 the board, all applications for membership, sworn
5-17 statements of net earnings, remittances of dues, and all
5-18 other information, facts, or figures in connection with
5-19 this Code section are subject to being examined,
5-20 audited, and approved by the board; and
5-21 (10) As to eligible chief magistrates, remit the sum of
5-22 $105.00 each month."
5-23 SECTION 2.
5-24 Said chapter is further amended by inserting immediately
5-25 following Code Section 47-11-41 a new Code section to read
5-26 as follows:
5-27 "47-11-42.
5-28 The chief magistrate of any county, which on or after
5-29 December 31, 2000, maintains a retirement or pension
5-30 system for county employees which retirement or pension
5-31 system excludes the chief magistrate from membership or
5-32 participation, shall be eligible to become a member of
5-33 this retirement fund. Except as otherwise expressly
5-34 provided, an eligible chief magistrate shall be treated as
5-35 a judge of the probate court for purposes of this
5-36 chapter."
5-37 SECTION 3.
5-38 Said chapter is further amended by striking in its entirety
5-39 subsection (a) of Code Section 47-11-50, relating to the
5-40 payment into the fund of a portion of the fees collected in
-5-
6- 1 connection with marriage licenses and other matters, and
6- 2 inserting in lieu thereof the following:
6- 3 "(a)(1) Twenty percent of all fees collected by any and
6- 4 all judges of the probate courts for any service
6- 5 rendered as such in taking applications for marriage
6- 6 licenses, issuing and recording such marriage licenses,
6- 7 and filing such applications and marriage licenses with
6- 8 the Department of Human Resources shall be withheld by
6- 9 the judges of the probate courts collecting such fees
6-10 and shall be paid to the board by the twentieth day of
6-11 the month following the month in which such fees were
6-12 collected, irrespective of whether such collecting judge
6-13 of the probate court is now or may hereafter be
6-14 compensated from fees collected or by a salary, or both.
6-15 It shall be the duty of each judge of the probate court
6-16 to keep accurate records of all such fees collected, and
6-17 such records may be audited by the board at any time.
6-18 The sums remitted to the board under this Code section
6-19 shall be used to provide adjustments of the compensation
6-20 of the several judges of the probate courts by making
6-21 retirement benefits available to such judges of the
6-22 probate courts and to pay the costs of administration
6-23 incurred by the board.
6-24 (2) The governing authority of the county of each
6-25 eligible chief magistrate who is a member of his or her
6-26 retirement fund shall each month pay to the board an
6-27 amount certified by the board to the county, which
6-28 amount shall be the total amount necessary to provide
6-29 for membership of the eligible chief magistrate without
6-30 creating an accrued liability as to the retirement
6-31 fund."
6-32 SECTION 3.
6-33 This Act shall become effective on July 1, 2000, only if it
6-34 is determined to have been concurrently funded as provided
6-35 in Chapter 20 of Title 47 of the Official Code of Georgia
6-36 Annotated, the "Public Retirement Systems Standards Law";
6-37 otherwise, this Act shall not become effective and shall be
6-38 automatically repealed in its entirety on July 1, 2000, as
6-39 required by subsection (a) of Code Section 47-20-50.
6-40 SECTION 4.
6-41 All laws and parts of laws in conflict with this Act are
6-42 repealed.
-6-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99
