HB406: HB406 Judicial Retirement System; increase retirement age of superior court judges first taking office on or after July 1, 2026

Georgia's Judicial Retirement System currently lets superior court judges, state court judges and district attorneys retire with a full pension benefit at age 60 once they have at least ten years of creditable service. This bill keeps that rule for anyone already a member of the system before the bill's effective date, but creates a new rule for people who first become members on or after that date. For those new members, vesting still happens after ten years of service, but full monthly retirement benefits are only paid once the member reaches age 65. If a new member retires before turning 65, their benefit is calculated using only their years of service in jobs other than superior court judge. The bill also updates related sections on survivor benefits, disability benefits, early retirement and county salary supplements so they account for the new age-65 rule alongside the existing age-60 rule.

• Creates a new Code Section 47-23-102.1 setting a normal retirement age of 65 (instead of 60) for full benefits for anyone who first becomes a member of the Judicial Retirement System on or after the bill's effective date.
• Keeps the existing age-60 full-benefit rule (O.C.G.A. § 47-23-102) for anyone who was already a member before the effective date.
• Requires that a new member retiring before age 65 have their monthly benefit calculated using only their non-judicial creditable service, excluding years served as a superior court judge.
• Updates the disability benefit statute (O.C.G.A. § 47-23-104) so disability payments are calculated correctly under whichever benefit formula, the old age-60 rule or the new age-65 rule, applies to the member.
• Updates the survivor benefit statute (O.C.G.A. § 47-23-105.1) so actuarial reductions account for the possible future increase in benefit that occurs when a member covered by the new rule turns 65.
• Updates the county salary supplement statute (O.C.G.A. § 47-23-106) to reference both the old and new benefit calculation sections when figuring supplemental pension amounts for retired district attorneys.

Superior court judges, state court judges, and district attorneys who join the Georgia Judicial Retirement System on or after the bill's effective date, along with their spouses and survivors who receive benefits under the system. Counties that supplement judges' or district attorneys' salaries and pensions are also affected.

Judges and district attorneys who start their judicial careers after the effective date would have to wait until age 65, rather than 60, to collect a full pension, or accept a reduced benefit calculated only from non-judicial service if they retire earlier. Current members keep the existing age-60 rule.

• Section 1 updates a cross-reference so retirement benefits are determined under the correct code section depending on when someone became a member.
• Section 2 revises O.C.G.A. § 47-23-102 to apply only to members who joined before the bill's effective date, preserving the age-60 full-benefit rule for them.
• Section 3 adds new O.C.G.A. § 47-23-102.1, applying to members who join on or after the effective date, and sets the new age-65 threshold for a full benefit.
• Section 3 also specifies that a new member retiring before age 65 gets a benefit based only on creditable service outside the superior court judge position.
• Section 4 revises the early retirement statute (O.C.G.A. § 47-23-103) so early retirees' reduced benefits are calculated against the correct formula depending on when they became a member.
• Section 5 revises the disability benefit statute so disability payments reference both the old and new benefit formulas.
• Section 6 revises the survivor benefit statute to account for the future benefit increase that occurs when a covered member turns 65.
• Section 7 revises the county salary supplement statute to reference both benefit formulas when calculating supplements for retired district attorneys.

1. 2025-05-14Effective Date 2025-07-01
2. 2025-05-14Act 264
3. 2025-05-14House Date Signed by Governor (House)
4. 2025-04-07House Sent to Governor (House)
5. 2025-03-20Senate Passed/Adopted (Senate)
6. 2025-03-20Senate Third Read (Senate)
7. 2025-03-13Senate Read Second Time (Senate)
8. 2025-03-11Senate Committee Favorably Reported (Senate)

• Rob Leverett (R, HD-123)Primary sponsor
• Bo Hatchett (R, SD-050)

1. PassedHouse voteMarch 4, 2025

   167 yea, 7 nay (2 not voting, 4 absent)

   Passage: House Vote #164

2. PassedSenate voteMarch 20, 2025

   53 yea, 0 nay (0 not voting, 3 absent)

   Passage: Senate Vote #259

• judicial retirement
• pension benefits
• superior court judges
• district attorneys
• state retirement system