HB438: HB438 Employees' Retirement System of Georgia; allow certain sworn law enforcement officers to be eligible for retirement benefits at age 55; provisions

Georgia's state employee retirement law already lets certain law enforcement personnel, such as Uniform Division troopers, GBI agents, game wardens, and alcohol and tobacco officers, retire at age 55 instead of the standard age of 60 or after 30 years of service. This bill adds the commissioner and deputy commissioner of the Department of Public Safety to that list of officers eligible for the earlier retirement age, along with related disability and creditable service provisions. The bill amends several sections of the Employees' Retirement System of Georgia law (O.C.G.A. Title 47, Chapter 2) covering normal retirement age, eligibility to retire at 55, line of duty disability allowances, and rules for purchasing additional creditable service. It also updates the definition of 'law enforcement officer' used for buying back service credit from prior local government jobs. The changes would take effect July 1, 2026, but only if the state's retirement system funding requirements under the 'Public Retirement Systems Standards Law' are met; otherwise the Act is automatically repealed on that date.

• Adds the commissioner and deputy commissioner of the Department of Public Safety to the list of officials eligible for normal retirement at age 55 with at least ten years of creditable service.
• Allows the commissioner and deputy commissioner to retire at age 55 under the same terms already available to troopers, GBI agents, game wardens, and alcohol and tobacco officers.
• Extends line of duty disability retirement allowances, including the monthly supplemental benefit of up to $150, to the commissioner and deputy commissioner.
• Adds the commissioner and deputy commissioner to the definition of 'law enforcement officer' used for purchasing extra years of creditable service from prior local government employment.
• Ties the entire Act's effective date to certification that it is funded under Georgia's Public Retirement Systems Standards Law, with automatic repeal on July 1, 2026 if that funding certification fails.

The commissioner and deputy commissioner of the Georgia Department of Public Safety are the main new beneficiaries, but the bill also touches existing members such as Uniform Division troopers, GBI agents and officers, Department of Natural Resources game wardens, and Department of Revenue alcohol and tobacco officers already covered under these retirement rules.

If funded and enacted, the commissioner and deputy commissioner could retire five years earlier than the standard age of 60 with full benefits, and would qualify for the same disability allowances and service-purchase options as rank and file law enforcement officers in the retirement system.

• Section 1 revises O.C.G.A. § 47-2-110 to add the commissioner and deputy commissioner of the Department of Public Safety to the group eligible for normal retirement at age 55.
• Section 2 revises O.C.G.A. § 47-2-111 to let the commissioner and deputy commissioner retire at 55 with the same minimum benefit guarantee as other covered officers.
• Section 3 revises O.C.G.A. § 47-2-221 to extend line of duty disability retirement benefits and a supplemental monthly payment of up to $150 to the commissioner and deputy commissioner.
• Section 4 revises O.C.G.A. § 47-2-223 to include the commissioner, deputy commissioner, and sworn officers hired by the Department of Public Safety on or after July 1, 2026 in the age-55 retirement benefit calculation.
• Section 5 revises O.C.G.A. § 47-2-226's definition of 'law enforcement officer' to include the commissioner and deputy commissioner for purposes of purchasing creditable service from prior local government work.
• Section 6 makes the Act effective July 1, 2026 only if funding is certified under the Public Retirement Systems Standards Law (O.C.G.A. Chapter 20 of Title 47), with automatic repeal otherwise.

1. 2026-05-11Effective Date 2026-07-01
2. 2026-05-11Act 439
3. 2026-05-11House Date Signed by Governor (House)
4. 2026-04-06House Sent to Governor (House)
5. 2026-03-25Senate Passed/Adopted (Senate)
6. 2026-03-25Senate Third Read (Senate)
7. 2026-03-19Senate Read Second Time (Senate)
8. 2026-03-18Senate Committee Favorably Reported (Senate)

• Clint Crowe (R, HD-118)Primary sponsor
• Eddie Lumsden (R, HD-012)
• Deborah Silcox (R, HD-053)
• Bill Hitchens (R, HD-161)
• Shaw Blackmon (R, HD-146)
• Beth Camp (R, HD-135)
• Ricky Williams (R, SD-025)

1. PassedHouse voteMarch 4, 2026

   159 yea, 0 nay (1 not voting, 17 absent)

   Passage: House Vote #646

2. PassedSenate voteMarch 25, 2026

   52 yea, 0 nay (0 not voting, 2 absent)

   Passage: Senate Vote #804

• public safety retirement
• law enforcement benefits
• state employee pensions
• Department of Public Safety
• disability retirement benefits