09
SB109/AP
Senate
Bill 109
By: Senator Smith of the 52nd
By: Senator Smith of the 52nd
AS
PASSED
AN
ACT
To
amend Title 47 of the Official Code of Georgia Annotated, relating to retirement
and pensions, so as to change certain duties and obligations from the Department
of Administrative Services to the Council of Superior Court Judges of Georgia,
the Council of State Court Judges of Georgia, the Prosecuting Attorneys' Council
of the State of Georgia, and the Council of Juvenile Court Judges, as
appropriate; to provide for certain reporting; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
47 of the Official Code of Georgia Annotated, relating to retirement and
pensions, is amended by revising Code Section 47-2-260, relating to continuation
of membership, rights, and benefits of judges of superior courts and district
attorneys in the Employees' Retirement System of Georgia, notice of election to
continue membership, and contributions, as follows:
"47-2-260.
(a)
The provisions of this or any other law to the contrary notwithstanding, on and
after April 1, 1969, any person appointed or elected as a judge of the superior
court or as a district attorney who at the time of such appointment or election
is a member of the Employees' Retirement System of Georgia shall be entitled to
elect to continue as a member of the retirement system while holding office as a
judge of the superior court or district attorney. All rights, credits, and
funds in the retirement system which are possessed by any such member at the
time of the member's appointment or election shall be continued in force and the
member shall be entitled to all rights and benefits under the retirement system
to which the member was entitled at the time of the member's appointment or
election and to all rights subsequently acquired.
(b)
Within 30 days after appointment or election as a judge of the superior court or
as a district attorney, any such person who elects to continue as a member of
the retirement system shall notify the director of the Employees' Retirement
System of Georgia and the Council of Superior Court Judges of Georgia or the
Prosecuting Attorneys' Council of the State of Georgia, as appropriate, of that
decision. Upon making such election and giving the required notice, a member
who is subject to the provisions of this Code section shall not be required to
become a member of or make contributions to the Georgia Judicial Retirement
System created by Chapter 23 of this title.
(c)
Employee contributions, including contributions for retirement allowances,
survivors benefits under Code Section 47-2-128, and social security coverage, of
members referred to in this Code section shall be deducted by the Council of
Superior Court Judges of Georgia or the Prosecuting Attorneys' Council of the
State of Georgia, as appropriate, from the compensation paid by the state to
such members and remitted to the retirement system.
(d)
The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys'
Council of the State of Georgia are authorized and directed to pay from the
funds appropriated or otherwise made available for the operation of the judicial
branch of government of this state the required employer contributions,
including contributions for retirement allowances, survivors benefits under Code
Section 47-2-128, and social security coverage, and to remit those contributions
to the retirement system."
SECTION
2.
Said
title is further amended by revising subsection (b) of Code Section 47-2-262,
relating to membership in the Employees' Retirement System of Georgia of
assistant district attorneys and employees of the Prosecuting Attorneys'
Council, notice of election to become a member, and contributions, as
follows:
"(b)
Each assistant district attorney and each employee of the Prosecuting Attorneys'
Council of the State of Georgia, hereinafter in this Code section collectively
referred to as 'employee' or 'employees,' employed on June 30, 1979, may elect
to become a member of the Employees' Retirement System of Georgia. Any such
employee electing to become a member of the retirement system shall so notify
the board of trustees not later than October 1, 1979. Any such employee who
failed to notify the board of trustees by that date shall not at any time
thereafter be eligible for membership in the retirement system. Any person who
becomes an employee on or after July 1, 1979, shall become a member of the
Employees' Retirement System of Georgia as a condition of his or her employment,
unless he or she is eligible for membership in another publicly supported
retirement or pension system or fund which provides retirement benefits based
wholly or partially on compensation of such employee paid from state funds. An
employee who is eligible for membership in any such other publicly supported
retirement or pension system or fund may elect to become a member of the
retirement system in lieu of membership in such other publicly supported
retirement or pension system or fund by notifying the board of trustees of such
election within 90 days after becoming employed with the Prosecuting Attorneys'
Council of the State of Georgia. Any such employee who fails to notify the
board of trustees within such time shall not at any time thereafter be eligible
for membership in the retirement system. The state salary paid to employees who
become members of the retirement system shall be the basis for employee and
employer contributions for such employees. All employer contributions required
by this chapter for such members shall be paid from funds appropriated or
otherwise available. The Prosecuting Attorneys' Council of the State of Georgia
shall deduct from the state salaries payable to such members the employee
contributions required by this chapter."
SECTION
3.
Said
title is further amended by revising subsection (a) of Code Section 47-2-264,
relating to membership in the Employees' Retirement System of Georgia of
secretaries employed by judges of superior courts and district attorneys,
creditable service, and contributions, as follows:
"(a)
Each secretary employed by a judge of the superior court or a district attorney
under Code Section 15-6-25 or 15-18-17 shall be a member of the Employees'
Retirement System of Georgia with a commencement date of July 1, 1975. Any such
secretary who is already a member of the retirement system by virtue of service
with another employer shall be entitled to credit for all service rendered while
an employee under the retirement system. All contributions required under this
chapter made on behalf of such judicial secretaries shall be paid from funds
appropriated or otherwise available for the operation of the superior courts,
and all contributions required under this chapter made on behalf of such
secretaries of district attorneys shall be paid from funds appropriated or
otherwise available. All such payments shall be in addition to the regular
compensation provided by law for such secretaries."
SECTION
4.
Said
title is further amended by revising subsection (d) of Code Section 47-2-265,
relating to membership in the Employees' Retirement System of Georgia of
district attorney investigators, as follows:
"(d)
The state salaries paid to district attorney investigators who become members of
the retirement system pursuant to this Code section shall be the basis for
employee and employer contributions to the retirement system for such members.
All employer contributions, including employee contributions made by the
employer on behalf of members, which are required by this chapter for such
members shall be paid from funds appropriated or otherwise available. The
Prosecuting Attorneys' Council of the State of Georgia shall deduct from the
state salaries payable to such members the additional employee contributions
required by this chapter."
SECTION
5.
Said
title is further amended by revising subparagraph (f)(1)(B) of Code Section
47-2-266, relating to membership in the Employees' Retirement System of Georgia
of judicial employees and contributions, as follows:
"(B)
The Council of Superior Court Judges of Georgia, the president of The Council of
Superior Court Judges of Georgia, or the district administrative judge employing
the person claiming the creditable service shall pay the employer contributions
that would have been paid to the retirement system if the person claiming the
creditable service had been a member during the period of time for which
creditable service is claimed plus regular interest on such employer
contributions compounded annually from the time the prior service was rendered
to the date of payment. For prior service as a judicial employee specified in
subparagraph (a)(1)(D) of this Code section, the employer contributions plus
interest required by this subparagraph shall be paid by the Council of Superior
Court Judges of Georgia from funds appropriated or available for the operation
of the superior courts."
SECTION
6.
Said
title is further amended by revising Code Section 47-2-267, relating to
membership of employees of district attorneys in the Employees' Retirement
System of Georgia and contributions, as follows:
"47-2-267.
Except
as provided in Code Section 47-2-265, each full-time employee of a district
attorney, which employee is compensated through funds appropriated by the
General Assembly, shall be a member of this retirement system as a condition of
employment. Any such employee who is already a member of this retirement system
by virtue of service with another employer shall be entitled to credit for all
service rendered while an employee under the retirement system. All
contributions required under this chapter shall be paid from funds appropriated
or otherwise available. The Prosecuting Attorneys' Council of the State of
Georgia shall deduct from the state salaries paid to such members the employee
contributions required by this chapter."
SECTION
7.
Said
title is further amended by revising subsection (a) of Code Section 47-2-290,
relating to judges, solicitors, and other employees of state courts subject to a
merit system, membership in the Employees' Retirement System of Georgia,
contributions, and exemptions, as follows:
"(a)
The state courts of this state are declared to be adjuncts of the superior
courts, the state courts having concurrent jurisdiction in all civil and
criminal matters except those exclusively vested in the superior courts. All
judges, solicitors, and other employees of any state court in this state shall
be subject to a merit system of personnel administration as promulgated by each
state court under which all such officers and employees shall perform services
on the basis of merit, fitness, and efficiency. All such officers and employees
are authorized to become members of the Employees' Retirement System of Georgia
in accordance with this chapter. The governing authority of each county of this
state shall deduct or collect from each member the employee contributions
required by this chapter and shall remit those contributions to the retirement
system on a monthly basis. The Council of State Court Judges of Georgia is
authorized and directed to pay from the funds appropriated or otherwise
available the employer contribution required by this chapter for judges and
employees of the state courts, which contribution shall be paid by the Council
of State Court Judges of Georgia, upon receipt of an invoice from the retirement
system. The Prosecuting Attorneys' Council of the State of Georgia is
authorized and directed to pay from the funds appropriated or otherwise
available the employer contribution required by this chapter for
solicitors-general of the state courts, which contribution shall be paid by the
Prosecuting Attorneys' Council of the State of Georgia, upon receipt of an
invoice from the retirement system."
SECTION
8.
Said
title is further amended by revising paragraph (1) of subsection (a) of Code
Section 47-8-67, relating to election of survivors benefits coverage,
contributions required for such coverage, effect of such coverage on appointment
to the office of senior judge, and amount of survivors benefits, as
follows:
"(1)
Any judge so electing shall pay an amount equal to 2 percent of his or her state
salary for each year of prior service as a judge of superior court up to the
time of such election and shall thereafter contribute, in addition to the 5
percent contribution required by this chapter, 2 percent of the salary paid to
him or her by the state. Such amount shall be deducted from such salary by the
Council of Superior Court Judges of Georgia and deposited into the retirement
fund; and"
SECTION
9.
Said
title is further amended by revising subsection (b) of Code Section 47-12-41,
relating to payments by district attorneys into the District Attorneys
Retirement Fund of Georgia, as follows:
"(b)
Each district attorney who is now in office and who is otherwise eligible to
participate in the benefits provided by this chapter shall make his or her
payments to the fund until his or her retirement. Any such district attorney
who is eligible to participate in the fund but who has not made the payments set
forth in this Code section may pay such amounts into the fund not later than
July 1, 1961, with interest at the rate of 5 percent per annum on all amounts
due since February 17, 1949, to the date of payment to the Prosecuting
Attorneys' Council of the State of Georgia."
SECTION
10.
Said
title is further amended by revising subsection (a) of Code Section 47-12-43,
relating to manner of deduction of payments to the fund, penalty for late
payments, and payments made on behalf of the district attorney, as
follows:
"(a)
The payment into the fund either of 5 percent or 7 1/2 percent, as applicable,
of the state salary shall be deducted monthly by the Prosecuting Attorneys'
Council of the State of Georgia from the salary of each district attorney who is
a member of the fund. If any such payments have not been made by February 15 of
the succeeding year, the sum due shall incur a penalty of 6 percent interest per
annum computed on the principal amount from February 15 until actually paid.
Beginning with the payments to be made covering the calendar year 1964, and for
each calendar year thereafter, if the sum due is not paid by February 15 of the
succeeding year, such sum due shall be increased by 10 percent plus 6 percent
interest per annum, computed on the sum due plus the additional 10 percent, from
February 15 until the date of actual payment of the entire
amount."
SECTION
11.
Said
title is further amended by revising Code Section 47-12-44, relating to transfer
of membership and contributions to the Employees' Retirement System of Georgia
and payment of additional state contribution upon transfer, as
follows:
"47-12-44.
The
board of trustees shall transfer to the Employees' Retirement System of Georgia
all contributions made to the fund by a member who transfers to the Employees'
Retirement System of Georgia; and the Prosecuting Attorneys' Council of the
State of Georgia is authorized and directed to pay from the funds appropriated
or otherwise available an additional amount equal to the 5 percent contribution
of such member plus an additional 20 percent of the contribution, so that the
state contribution shall be in accordance with the Employees' Retirement System
of Georgia."
SECTION
12.
Said
title is further amended by revising subsection (e) of Code Section 47-18-40,
relating to agreement between state and federal government for state employees,
like agreements between federal government and interstate instrumentalities, and
division of retirement system, as follows:
"(e)
The position of any member of the division or part of the Superior Court Judges
Retirement Fund of Georgia who does not desire coverage may be transferred to
the separate retirement fund composed of positions of members who do desire
coverage upon such terms and conditions and at such time as permitted by federal
law. In the event of such transfer, the employee contributions of such member
required for social security coverage shall be deducted by the Council of
Superior Court Judges of Georgia and remitted to the state agency, together with
the required employer contributions. The Council of Superior Court Judges of
Georgia is authorized and directed to pay, from funds appropriated or otherwise
available for the operation of the superior courts, the required employer
contributions on any such transferred member."
SECTION
13.
Said
title is further amended by revising Code Section 47-18-43, relating to
referendum on the question of coverage of positions covered by Chapter 12 of
such title, as follows:
"47-18-43.
Anything
in this chapter to the contrary notwithstanding, the Governor is empowered to
authorize a referendum in accordance with the requirements of Section 218(d)(3)
of the Social Security Act on the question of whether services in positions
covered by the District Attorneys Retirement Fund of Georgia, Chapter 12 of this
title, shall be excluded from or included under an agreement under this chapter
with an effective date of July 1, 1956. If the referendum results in an
affirmative vote, employee contributions required for social security coverage
shall be deducted by the Prosecuting Attorneys' Council of the State of Georgia
from the compensation or other funds due the employee and shall be remitted to
the state agency, together with the required employer contributions. Such
employee deductions shall be based on an affidavit from each individual as to
the total wages received by him or her each calendar quarter as district
attorney. Such affidavit shall be forwarded to the Prosecuting Attorneys'
Council of the State of Georgia before the fifth day of the month following the
end of each calendar quarter. If any district attorney fails to submit the
required affidavit to the Prosecuting Attorneys' Council of the State of Georgia
within the required time, any and all funds due such individual shall be
withheld by the Prosecuting Attorneys' Council of the State of Georgia until an
appropriate affidavit has been received. The Prosecuting Attorneys' Council of
the State of Georgia is authorized and directed to pay the required employer
contribution from the funds appropriated or otherwise
available."
SECTION
14.
Said
title is further amended by revising Code Section 47-18-44, relating to
referendum on the question of coverage of positions covered by Chapter 8 of such
title, as follows:
"47-18-44.
The
Governor is empowered to authorize a referendum in accordance with the
requirements of Section 218(d)(3) of the Social Security Act on the question of
whether services in positions covered by the Superior Court Judges Retirement
Fund of Georgia, Chapter 8 of this title, shall be excluded from or included
under an agreement under this chapter with an effective date of July 1, 1956.
If the referendum results in an affirmative vote, employee contributions
required for social security coverage shall be deducted by the Council of
Superior Court Judges of Georgia and remitted to the state agency, together with
the required employer contributions. The Council of Superior Court Judges of
Georgia is authorized and directed to pay the required employer contribution
from the funds appropriated for the operation of the superior courts of the
state."
SECTION
15.
Said
title is further amended by revising Code Section 47-23-25, relating to payment
of administrative expenses, as follows:
"47-23-25.
In
order to pay the administrative expenses of the fund and upon the receipt of a
request from the board on or after July 1, 1998, and each year thereafter, the
Council of Superior Court Judges of Georgia, the Council of State Court Judges
of Georgia, the Council of Juvenile Court Judges, and the Prosecuting Attorneys'
Council of the State of Georgia are authorized and directed to pay into the
fund, from funds appropriated or otherwise available, an amount sufficient to
pay the administrative expenses of the fund as certified by the board to the
Council of Superior Court Judges of Georgia, the Council of State Court Judges
of Georgia, the Council of Juvenile Court Judges, and the Prosecuting Attorneys'
Council of the State of Georgia."
SECTION
16.
Said
title is further amended by revising Code Section 47-23-47, relating to transfer
of members' contributions, as follows:
"47-23-47.
The
board of trustees shall transfer to the Employees' Retirement System of Georgia
all contributions made to the fund by a member who transfers to the Employees'
Retirement System of Georgia; and the Council of Superior Court Judges of
Georgia, the Council of State Court Judges of Georgia, the Council of Juvenile
Court Judges, and the Prosecuting Attorneys' Council of the State of Georgia, as
appropriate, are authorized and directed to pay from the funds appropriated or
otherwise available an additional amount equal to the 5 percent contribution of
such member plus an additional 20 percent of the contribution, so that the state
contribution shall be in accordance with the Employees' Retirement System of
Georgia."
SECTION
17.
Said
title is further amended by revising subsection (a) of Code Section 47-23-80,
relating to contributions by superior court judges and district attorneys and
employer contributions, as follows:
"(a)
The provisions of this Code section shall be applicable to judges of the
superior courts and district attorneys. The amount of employee contributions to
the fund by superior court judges shall be 7 1/2 percent of the earnable monthly
compensation from state funds provided by law for judges of the superior courts.
The amount of employee contributions to the fund by district attorneys shall be
7 1/2 percent of the earnable monthly compensation from state funds provided by
law for district attorneys. The Council of Superior Court Judges of Georgia and
the Prosecuting Attorneys' Council of the State of Georgia, as appropriate, are
authorized to deduct 7 1/2 percent monthly from the earnable monthly
compensation of each judge of the superior courts and each district attorney who
is a member of the retirement system to cover the employee contributions to the
fund. The Council of Superior Court Judges of Georgia and the Prosecuting
Attorneys' Council of the State of Georgia, as appropriate, are also authorized
to make an additional deduction from such earnable monthly compensation to cover
any required employee tax for social security coverage. The Council of Superior
Court Judges of Georgia and the Prosecuting Attorneys' Council of the State of
Georgia, as appropriate, are authorized and directed to pay, from the funds
appropriated or otherwise available, any required employer contribution for
social security coverage on such judges and district attorneys. From funds
appropriated or otherwise available, the Council of Superior Court Judges of
Georgia and the Prosecuting Attorneys' Council of the State of Georgia, as
appropriate, are authorized and directed to pay into the fund the employer
contributions, including contributions to fund any creditable service authorized
by this chapter, which, together with employee contributions and the earnings of
the fund, shall be an amount sufficient to fund the service and disability
retirement benefits and the spouses' benefits under this
chapter."
SECTION
18.
Said
title is further amended by revising paragraph (2) of subsection (b) of Code
Section 47-23-81, relating to contributions by judges and solicitors-general of
state courts, employer contributions, and reports required, as
follows:
"(2)
The Council of State Court Judges of Georgia and the Prosecuting Attorneys'
Council of the State of Georgia are authorized and directed to pay into the fund
provided for by this chapter monthly employer contributions, including
contributions to fund any creditable service authorized by this chapter. Such
amounts are to be determined by the board and, together with employee
contributions and the earnings of the fund, shall be an amount sufficient to
fund the service and disability retirement benefits under this chapter. The
Council of State Court Judges of Georgia and the Prosecuting Attorneys' Council
of the State of Georgia are authorized and directed to pay from the funds
appropriated or otherwise available any required employer contribution for
social security coverage on such members."
SECTION
19.
Said
title is further amended by revising subsection (c) of Code Section 47-23-81,
relating to contributions by state court judges and solicitors-general of state
courts, employer contributions, and reports required, as follows:
"(c)(1)
It shall be the duty of each employing unit affected by this chapter to
designate a responsible person to submit the reports and forward the employee
contributions set forth in this Code section. It shall be the duty of the
person so designated to comply with this Code section. If the required reports
and employee contributions are not forwarded to the board or if duplicate copies
of the reports are not directed to the Office of Treasury and Fiscal Services,
in accordance with this Code section, as appropriate, the Office of Treasury and
Fiscal Services is authorized to withhold any state payments payable to the
governmental unit failing to forward such reports and employee contributions
until such time as such reports and contributions have been
received.
(2)
It shall be the duty of the clerk of each state court to notify the Council of
State Court Judges of Georgia, the Prosecuting Attorneys' Council of the State
of Georgia, and the board of directors of this retirement system of the election
or appointment of a new state court judge or solicitor-general or the vacating
of any such office. Such notification shall be made within two weeks of such
election, appointment, or vacancy.
(3)
Each employing unit affected by this chapter shall provide the Council of State
Court Judges of Georgia, the Prosecuting Attorneys' Council of the State of
Georgia, and the board of directors of this retirement system with a list of all
employees of the employing unit who are current members of this retirement
system. Such report shall be made each calendar month."
SECTION
20.
Said
title is further amended by revising paragraph (2) of subsection (b) of Code
Section 47-23-82, relating to contributions by juvenile court judges, employer
contributions, and reports required, as follows:
"(2)
The Council of Juvenile Court Judges is authorized and directed to pay into the
fund provided for by this chapter monthly employer contributions, including
contributions to fund any creditable service authorized by this chapter. Such
amounts are to be determined by the board and, together with employee
contributions and the earnings of the fund, shall be an amount sufficient to
fund the service and disability retirement benefits under this
chapter."
SECTION
21.
This
Act shall become effective on July 1, 2010.
SECTION
22.
All
laws and parts of laws in conflict with this Act are repealed.