09 LC 21
0399S(SCS)
Senate
Bill 109
By:
Senator Smith of the 52nd
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
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
Department
of Administrative Services
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
Department
of Administrative Services
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
Department
of Administrative Services is
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
made
available
for the
operation of the superior courts. The
commissioner
of administrative services
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
made
available
for the
operation of the superior courts. The
Department
of Administrative Services
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
commissioner
of administrative services
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
for the
operation of the superior courts. The
Department
of Administrative Services
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
commissioner
of administrative services
Council of
State Court Judges of Georgia is
authorized and directed to pay from the funds appropriated
for the
operation of the superior courts of this
state
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
commissioner
of administrative services
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
commissioner
of administrative services
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
Fiscal
Division of the Department of Administrative
Services
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
Department
of Administrative Services
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
commissioner
of administrative services
Prosecuting
Attorneys' Council of the State of Georgia
is authorized and directed to pay from the funds appropriated
for the
operating expenses of the superior courts of this
state
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
commissioner
of administrative services
Council of
Superior Court Judges of Georgia and
remitted to the state agency, together with the required employer contributions.
The
commissioner
of administrative services
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
commissioner
of administrative services
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
commissioner
of administrative services
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
commissioner
of administrative services
Prosecuting
Attorneys' Council of the State of Georgia
within the required time, any and all funds due such individual shall be
withheld by the
commissioner
of administrative services
Prosecuting
Attorneys' Council of the State of Georgia
until an appropriate affidavit has been received. The
commissioner
of administrative services
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
for the
operation of the superior courts of the
state."
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
commissioner
of administrative services
Council of
Superior Court Judges of Georgia and
remitted to the state agency, together with the required employer contributions.
The
commissioner
of administrative services
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
Department
of Administrative Services is
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
for the
operation of the superior courts of this
state, an amount sufficient to pay the
administrative expenses of the fund as certified by the board to the
Department
of Administrative Services
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
commissioner
of administrative services is
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
for the
operating expenses of the superior courts of this
state
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
Department
of Administrative Services is
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
Department
of Administrative Services is
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
Department
of Administrative Services is
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
for the
operation of the superior courts of the
state, any required employer contribution
for social security coverage on such judges and district attorneys. From funds
appropriated or otherwise available
for the
operation of superior courts, the
Department
of Administrative Services is
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
From funds
appropriated or otherwise available for the operation of superior courts, the
Department of Administrative Services 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. The
Department
of Administrative Services is
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
for the
operation of the superior courts of the
state 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
From funds
appropriated or otherwise available for the operation of superior courts, the
Department of Administrative Services 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.