09 LC 21
0285
House
Bill 476
By:
Representative Maxwell of the
17th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating
to retirement benefits options under the Peace Officers' Annuity and Benefit
Fund, payment to surviving spouse, requirements, effect of reemployment, effect
of changes in retirement benefits, and payment on the death of a member, so as
to provide that certain provisions relating to continued employment or
reemployment shall not apply to certain members; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 47-17-80 of the Official Code of Georgia Annotated, relating to
retirement benefits options under the Peace Officers' Annuity and Benefit Fund,
payment to surviving spouse, requirements, effect of reemployment, effect of
changes in retirement benefits, and payment on the death of a member, is amended
by revising subsection (g) as follows:
"(g)(1)
Except as provided in paragraphs (2) and (3) of this subsection, any member who
again becomes employed as a peace officer after having been placed on retirement
under this Code section shall immediately notify the secretary-treasurer of such
reemployment. Retirement benefits being paid to such member shall be terminated
as of the date of such reemployment and shall remain terminated for the duration
of such reemployment. During such period of reemployment, said member shall pay
regular monthly dues into this fund. Upon meeting the requirements provided by
law, such member shall be entitled to all benefits provided for in Code Sections
47-17-81 and 47-17-82; but such member shall not be entitled to any increase in
retirement benefits by virtue of service during the period of reemployment
unless such reemployment is for a term of three years or more, in which instance
such member may again apply for retirement as if he or she had not previously
been retired; and he or she shall be entitled to such benefits as may be
provided by law at that time, if he or she so chooses.
(2)
The provisions of paragraph (1) of this subsection shall not apply to a retired
member employed in any capacity for 1,040 hours or less in any calendar
year.
(3)
The provisions of paragraph (1) of this subsection shall not apply to a member
otherwise qualified for a normal service retirement under this chapter with at
least 30 years of creditable service and who has attained the age of 55. Any
such member may continue or reenter employment as a peace officer and shall for
all purposes be considered a retired member of this
fund;
provided, however, that the provisions of this paragraph shall not apply to any
person who first or again becomes a member on or after July 1,
2009."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.