Legislation	Secretary of Senate	Members	Committees	Meetings	Home	House

SB 45 - Employees' Ret. - credit for cert. Vietnam service

Ragan, Harold (11th)

Status Summary	SC:	Ret	HC:	Ret	FR:	01/25/99	LA:	05/01/00	Signed by Governor

First Reader Summary

A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain military service for persons who became members of such retirement system prior to July 1, 1982, so as to provide that persons otherwise eligible to receive creditable service for military service during the Vietnam Conflict may do so by making application prior to December 31, 2000.

SB 45  00                                             SB45/AP 
 
      SENATE BILL 45 
 
      By:  Senator Ragan of the 11th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 2 of Title 47 of the Official Code of 
  1- 2  Georgia Annotated, relating to the Employees' Retirement 
  1- 3  System of Georgia, so as to provide that members of such 
  1- 4  retirement system may obtain up to two years of creditable 
  1- 5  service for certain military service; to provide for the 
  1- 6  payment of employee contributions with interest; to provide 
  1- 7  for matters related to the foregoing; to provide conditions 
  1- 8  for an effective date and automatic repeal; to repeal 
  1- 9  conflicting laws; and for other purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Chapter 2 of Title 47 of the Official Code of Georgia 
  1-13  Annotated, relating to the Employees' Retirement System of 
  1-14  Georgia, is amended by inserting at the end of Code Section 
  1-15  47-2-96, relating to prior service credits under the 
  1-16  Employees' Retirement System of Georgia and related matters, 
  1-17  the following: 
 
  1-18    "(j) Anything in this chapter to the contrary 
  1-19    notwithstanding, any member who was on active duty in the 
  1-20    armed forces of the United States during any period during 
  1-21    which a military draft was in effect may receive military 
  1-22    service credit for such period of active duty up to a 
  1-23    maximum of two years, provided that such member shall pay 
  1-24    the regular employee contribution of 5 percent of the 
  1-25    compensation last paid to such member as an employee 
  1-26    before entering military service or 5 percent of the 
  1-27    compensation first paid to such member as an employee 
  1-28    after returning from military service plus 4 1/2 percent 
  1-29    interest on such employee contributions, compounded 
  1-30    annually to date of payment; provided, further, that no 
  1-31    service in the armed forces shall be deemed as creditable 
  1-32    under any provisions of this chapter if such service has 
  1-33    or will be used in the determination of any member's 
  1-34    eligibility for retirement benefits or allowances from any 
  1-35    other state or federal retirement program, excluding 
 
 
                                 -1- 
 
 
 
  2- 1    social security and those retirement programs covered 
  2- 2    under Public Law 810, 80th Congress, as amended. 
  2- 3    Notwithstanding any other time limitation provided in this 
  2- 4    chapter for obtaining creditable service for military 
  2- 5    service, a qualified member may obtain creditable service 
  2- 6    pursuant to the provisions of this subsection by making 
  2- 7    application therefor prior to December 31, 2001." 
 
  2- 8                           SECTION 2. 
 
  2- 9  Said title is further amended by striking in its entirety 
  2-10  paragraph (2) of subsection (f) of Code Section 47-2-334, 
  2-11  relating to service retirement allowances for persons 
  2-12  employed on or after July 1, 1982, and related matters, and 
  2-13  inserting in lieu thereof the following: 
 
  2-14      "(2) Except as otherwise provided in subsection (j) of 
  2-15      Code Section 47-2-96, in Code Sections 47-2-96.1, 
  2-16      47-2-96.2, 47-2-204, 47-2-225, and 47-2-266, and in 
  2-17      paragraph (3) of this subsection, no service shall 
  2-18      constitute creditable service except membership service 
  2-19      for which the full rate of employee membership 
  2-20      contributions and employer contributions is made 
  2-21      pursuant to subsections (c) and (d) of this Code 
  2-22      section; and". 
 
  2-23                           SECTION 3. 
 
  2-24  This Act shall become effective on July 1, 2000, only if it 
  2-25  is determined to have been concurrently funded as provided 
  2-26  in Chapter 20 of Title 47 of the Official Code of Georgia 
  2-27  Annotated, the "Public Retirement Systems Standards Law"; 
  2-28  otherwise, this Act shall not become effective and shall be 
  2-29  automatically repealed in its entirety on July 1, 2000, as 
  2-30  required by subsection (a) of Code Section 47-20-50. 
 
  2-31                           SECTION 4. 
 
  2-32  All laws and parts of laws in conflict with this Act are 
  2-33  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-