07 LC 21
9237
Senate
Bill 161
By:
Senators Heath of the 31st, Murphy of the 27th, Stoner of the 6th and Schaefer
of the 50th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating
to reexamination of persons receiving disability benefits under the
Employees´ Retirement System of Georgia, effect of refusal to undergo
examination, and effect of ability to engage in gainful employment, so as to
delete provisions providing for physical examinations done at a place convenient
to the beneficiary; to provide that a beneficiary who has not reached the age of
60 shall submit to an examination; to provide that the disability retirement
benefit of certain members shall be reduced by such amounts that the beneficiary
receives from workers´ compensation; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 47-2-125 of the Official Code of Georgia Annotated, relating to
reexamination of persons receiving disability benefits under the Employees´
Retirement System of Georgia, effect of refusal to undergo examination, and
effect of ability to engage in gainful employment, is amended by revising
subsection (a) as follows:
"(a)
Once each year during the first five years following the retirement of a member
on a disability retirement allowance and once in every three-year period
thereafter, the board of trustees may require a disability beneficiary who has
not yet attained retirement age as specified in subsection (a) of Code Section
47-2-110 to undergo a medical
examination,
such examination to be made at the disability beneficiary´s place of
residence or other place mutually agreed
upon, by
a physician
or physicians designated by the medical
board. The disability beneficiary may request such an examination. Should any
disability beneficiary who has not yet attained retirement age refuse to submit
to such medical examination, the pension of such disability beneficiary may be
discontinued by the board of trustees until the withdrawal of such refusal; and
should the refusal continue for one year, all rights of the disability
beneficiary in and to a pension may be revoked by the board of trustees. Should
the medical board report and certify to the board of trustees that a disability
beneficiary is engaged in or is able to engage in a gainful occupation paying
more than the difference between the disability beneficiary´s retirement
allowance and the earnable compensation used to calculate the disability
retirement allowance at the time of retirement, the board of trustees may reduce
the disability beneficiary´s pension to an amount which, together with the
disability beneficiary´s annuity and the amount earnable by the disability
beneficiary, equals the earnable compensation used to calculate the disability
retirement allowance at the time of retirement. Should the disability
beneficiary´s earning capacity be later changed, the amount of the pension
may be further modified, provided that the modified pension shall not exceed an
amount which, together with the disability beneficiary´s annuity and the
amount earnable by the disability beneficiary, equals the earnable compensation
used to calculate the disability retirement allowance at the time of
retirement."
SECTION
2.
Said
Code section is further amended by inserting a new subsection to read as
follows:
"(c)
The pension payable to a disability beneficiary who first or again became a
member on or after July 1, 2007, shall be reduced in an amount equal to the
worker´s compensation benefits such beneficiary receives based on a
disability. In the event of a lump sum payment, the monthly disability
allowance shall be reduced on an actuarial basis as determined by the actuary of
this retirement system."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.