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03 LC 21 7086
House Bill
55
By: Representatives Shaw of the 143rd and Sims of the 130th
By: Representatives Shaw of the 143rd and Sims of the 130th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 47-12-82 of the Official Code of
Georgia Annotated, relating to the salary for district attorneys emeritus and
suspension of office upon eligibility for or appointment to certain positions,
so as to increase the salary of district attorneys emeritus; to provide for a
cost of living increase in such salary; 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.
Code Section 47-12-82 of the Official Code of Georgia
Annotated, relating to the salary for district attorneys emeritus and suspension
of office upon eligibility for or appointment to certain positions, is amended
by striking in its entirety subsection (a) and inserting in lieu thereof the
following:
"(a) Any person holding office as a district attorney emeritus on July 1,1990 2004, or who is appointed to such position on or
after such date shall receive from the State of Georgia an annual salary of
$15,000.00 $25,000.00 or one-half of the state salary
received by such person as a district attorney for the calendar year immediately
prior to the
person´s
retirement and resignation as an active district attorney, whichever is the
greater amount. Such annual salary shall be paid in equal monthly installments.
The annual salary provided for in this subsection shall apply to the calculation
of the amount of
spouses´
benefits under Code Section 47-12-42 as applied to persons receiving such
benefits on July 1, 1990 2004, and as applied to persons
who begin receiving such benefits on or after July 1, 1990
2004."
"(a) Any person holding office as a district attorney emeritus on July 1,
SECTION 2.
Said Code section is further amended by inserting at the end
thereof the
following:
"(f) Any other provision of law to the contrary notwithstanding, additional retirement benefits shall be paid to each person, including a surviving spouse, who was receiving benefits under this chapter on January 1, 2003, or who becomes entitled to receive benefits on or after January 1, 2003. Such additional benefits shall be annual cost-of-living benefits equal to the benefit a member would otherwise be entitled to receive as calculated pursuant to subsections (a) through (e) of this Code section and any benefits previously received as authorized by this subsection multiplied by the percentage of any increase in the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average, for the immediately preceding calendar year; provided, however, that such annual percentage increase in benefits shall not exceed 3 percent regardless of the percentage increase in the Consumer Price Index. In any year in which there is no percentage increase in such Consumer Price Index, no additional retirement benefits shall be paid under this subsection."
"(f) Any other provision of law to the contrary notwithstanding, additional retirement benefits shall be paid to each person, including a surviving spouse, who was receiving benefits under this chapter on January 1, 2003, or who becomes entitled to receive benefits on or after January 1, 2003. Such additional benefits shall be annual cost-of-living benefits equal to the benefit a member would otherwise be entitled to receive as calculated pursuant to subsections (a) through (e) of this Code section and any benefits previously received as authorized by this subsection multiplied by the percentage of any increase in the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average, for the immediately preceding calendar year; provided, however, that such annual percentage increase in benefits shall not exceed 3 percent regardless of the percentage increase in the Consumer Price Index. In any year in which there is no percentage increase in such Consumer Price Index, no additional retirement benefits shall be paid under this subsection."
SECTION 3.
This Act shall become effective on July 1, 2004, 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, 2004, as required by
subsection (a) of Code Section 47-20-50.
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.