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HB38.html
01 LC 21 7005S

House Bill 38 (FLOOR SUBSTITUTE)
By: Representative Royal of the 164th




A BILL TO BE ENTITLED
AN ACT

To amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the membership of certain court and other county employees in the Employees´ Retirement System of Georgia, so as to provide that certain employees of community service boards may obtain creditable service for certain prior service as employees of private hospitals; to provide for application and the payment of employee and employer contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the membership of certain court and other county employees in the Employees´ Retirement System of Georgia, is amended by inserting at the end thereof the following:
"47_2_299.
(a) Any member who is an employee of a community service board created by Code Section 37_2_6 may obtain creditable service for prior service as an employee of a private nonprofit hospital which was deemed to be the community health center through a contractual master agreement with the Department of Human Resources and which was authorized to bill medicaid for outpatient clinic option services under the state community mental health program prior to December 31, 1991, and who, without a break in service, became an employee of the community service board in the same position he or she held with the private hospital. Such credit shall be granted regardless of whether any prior service has been used or may be used in the determination of the member´s eligibility for retirement benefits or allowances in a private retirement system.
(b) In order to obtain creditable service as provided by this Code section, the member shall make application to the board of trustees in such form as the board deems proper, accompanied by such evidence of prior employment as the board deems necessary and payment of such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system.
(c) Application for the creditable service provided by this Code section must be made not later than December 31, 2002."

SECTION 2.
This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47_20_50.

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.