05 LC 21
8083
House
Bill 529
By:
Representative Benton of the
31st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia
Annotated, relating to restrictions on membership in public retirement or
pension systems, so as to define certain terms; to provide that members of a
public retirement system convicted of certain crimes shall forfeit all rights
and benefits under such system; to provide for a return of employee
contributions; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating
to restrictions on membership in public retirement or pension systems, is
amended by inserting at the end thereof the following:
"47-1-25.
(a)
As used in this Code section, the term:
(1)
'Crime' means:
(A)
Forgery in the first degree as provided in Code Section 16-9-1, as now or
hereafter amended;
(B)
Computer crimes, as provided in Code Section 16-9-93, as now or hereafter
amended;
(C)
Making false statements and writings, concealing facts, and committing fraud in
matters within jurisdiction of state or political subdivisions as provided in
Code Section 16-10-20, as now or hereafter amended; and
(D)
Conspiracy to defraud the state or a political subdivision as provided in Code
Section 16-10-21, as now or hereafter amended.
(2)
'Final conviction' means a conviction which has been upheld after the convicted
person has exhausted all appeals to the conviction.
(b)
This Code section shall apply to any person who becomes or again becomes a
member of a public retirement system on or after July 1, 2006.
(c)
Any person subject to this Code section shall, upon final conviction of a crime
defined in subsection (a) of this Code section, forfeit all rights and benefits
under any public retirement system. Unless there is another person to whom
benefits may lawfully be paid, any employee or member contributions or dues made
to the retirement or pension system from which such person would otherwise be
entitled to receive a benefit shall be returned to the member, without interest
or earnings, within 60 days after the date of such final
conviction."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.