SB261: SB261 Magistrates Retirement Fund; early retirement benefit; provide

Georgia magistrate judges pay into a state retirement fund created under Chapter 25 of Title 47 of the Official Code of Georgia Annotated. This bill changes the seven-member Board of Commissioners that runs the fund: starting July 1, 2026, the board would include four sitting chief magistrates and one retired chief magistrate, instead of five sitting chief magistrates. The bill also raises the monthly dues magistrates pay into the fund from 3.42 percent to 4.0 percent of their maximum average final monthly compensation, and it raises the maximum number of years of service that count toward a retirement benefit from 20 years to 28 years, while also changing the per-year benefit rate used in the calculation from 4 percent to 5 percent. The changes only take effect July 1, 2026, and only if state actuaries confirm the fund is properly financed under Georgia's Public Retirement Systems Standards Law; otherwise the whole Act repeals itself automatically on that date.

• Changes the seven-member Board of Commissioners of the Magistrates Retirement Fund of Georgia so that, starting July 1, 2026, it includes four sitting chief magistrates and one retired chief magistrate instead of five sitting chief magistrates.
• Raises the monthly dues magistrates must pay into the retirement fund from 3.42 percent to 4.0 percent of their maximum average final monthly compensation.
• Increases the maximum number of years of service that can be counted toward a retirement benefit from 20 years to 28 years.
• Changes the per-year benefit calculation rate used to compute a magistrate's monthly retirement payment from 4 percent to 5 percent of average final monthly compensation for each year served.
• Makes the entire Act take effect July 1, 2026 only if the state confirms the fund is 'concurrently funded' under Georgia's Public Retirement Systems Standards Law (O.C.G.A. Chapter 20 of Title 47), or else automatically repeals the Act on that date.

Sitting and retired chief magistrates who are members of the Magistrates Retirement Fund of Georgia, the Governor (who appoints board members), the Council of Magistrate Court Judges, and the fund's Board of Commissioners, which administers benefits and dues for magistrate court judges statewide.

Magistrates would pay more each month into their retirement fund but could eventually receive a larger pension calculated over more years of service and at a higher per-year rate. The retirement fund's governing board would also include a retired magistrate for the first time, changing who has a voice in running it.

• Section 1 revises O.C.G.A. § 47-25-20 so that on and after July 1, 2026 the board consists of the Governor or designee, a gubernatorial appointee, four sitting chief magistrates, and one retired chief magistrate.
• Section 2 revises O.C.G.A. § 47-25-41 to raise member dues from 3.42 percent to 4.0 percent of maximum average final monthly compensation, due by the tenth day of each month.
• Section 3 revises O.C.G.A. § 47-25-81 to raise the benefit rate from 4 percent to 5 percent of average final monthly compensation per year served, and raises the cap on countable years of service from 20 to 28 years.
• Section 3 also keeps a compensation cap of $42,781.22 or a higher amount set by a county-population schedule, whichever is greater, as the ceiling used to calculate benefits.
• Section 4 makes the Act effective July 1, 2026 only if the fund is certified as concurrently funded under the Public Retirement Systems Standards Law; otherwise the Act does not take effect and is automatically repealed on that date.

1. 2026-05-11Effective Date 2026-07-01
2. 2026-05-11Act 490
3. 2026-05-11Senate Date Signed by Governor (Senate)
4. 2026-04-10Senate Sent to Governor (Senate)
5. 2026-04-02Senate Agreed House Amend or Sub (Senate)
6. 2026-03-31House Passed/Adopted By Substitute (House)
7. 2026-03-31House Third Readers (House)
8. 2026-03-31House Committee Favorably Reported By Substitute (House)

• Marty Harbin (R, SD-016)Primary sponsor
• Brian Strickland (R, SD-042)
• Steve Gooch (R, SD-051)
• Billy Hickman (R, SD-004)
• Ricky Williams (R, SD-025)
• Lee Anderson (R, SD-024)
• John Carson (R, HD-046)

1. PassedSenate voteMarch 4, 2026

   53 yea, 1 nay (0 not voting, 1 absent)

   Passage By Substitute: Senate Vote #634

2. PassedHouse voteMarch 31, 2026

   167 yea, 0 nay (3 not voting, 6 absent)

   Passage: House Vote #824

3. PassedSenate voteApril 2, 2026

   53 yea, 0 nay (0 not voting, 1 absent)

   Agree To House Substitute: Senate Vote #956

• magistrate retirement fund
• public pensions
• judicial administration
• state employee benefits