---
title: HB 1020. Judicial Retirement System; payment of monthly retirement benefits for creditable service as a district attorney at the age of 65 years; provide
collection: bills
id: 2025-2026/hb1020
cite_as: HB 1020, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1020
md_url: https://georgiacommons.org/bills/2025-2026/hb1020.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1020/text
source_url: https://www.legis.ga.gov/legislation/72350
date: 2026-05-12
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 1513
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1020.md?full=1
bill_number: HB 1020
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-12
last_action: Effective Date 2026-07-01
sponsors:
- Matt Reeves
- Chuck Efstration
- Stan Gunter
- Trey Kelley
- Tyler Smith
- Rob Leverett
- Bo Hatchett
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1020/2025
upstream_id: 2095128
summaries_model: claude-sonnet-5
topic_tags:
- district attorney pay
- prosecutor compensation
- judicial retirement system
- county salary supplements
- assistant district attorney salaries
---
# HB 1020. Judicial Retirement System; payment of monthly retirement benefits for creditable service as a district attorney at the age of 65 years; provide
## Text
House Bill 1020 (AS PASSED HOUSE AND SENATE)
By: Representatives Reeves of the 99th, Efstration of the 104th, Gunter of the 8th, Kelley of
the 16th, Smith of the 18th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated,
relating to general provisions regarding prosecuting attorneys, so as to modify provisions
regarding the compensation received by district attorneys; to provide procedures for district
attorneys to opt to receive compensation pursuant to such revised provisions; to provide for
grandfathering of certain district attorneys so as to not reduce the compensation paid to such
district attorneys; to authorize locality pay by counties to district attorneys in lieu of county
salary supplements; to abolish most county salary supplements provided to district attorneys;
to authorize continuation of fringe benefits provided by counties to district attorneys; to
revise the minimum compensation of assistant district attorneys; to preserve existing rights
and obligations related to retirement benefits provided by counties to district attorneys; to
provide for retirement benefits relative to optional locality pay; to amend Code Section
45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state
officials and cost-of-living adjustments, so as to revise provisions relating to calculating and
setting the salaries of district attorneys; to revise superseded provisions related to the salary
of the judge of the state-wide tax court; to amend Chapter 3 of Title 1 of the Official Code
of Georgia Annotated, relating to laws and statutes, so as to suspend the operation of local
laws or local ordinances or resolutions that use a district attorney's salary for the calculation
of the salary or compensation of other officers, officials, or employees; to provide for an
automatic lifting of such suspension relative to judges; to preserve the authority of the
General Assembly to amend or repeal such suspended local laws; to preserve the authority
of local governments to use other mechanisms to change salary calculation during such
suspension; to provide for legislative findings and intent; to provide for legislative
construction; to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated,
relating to the Georgia Judicial Retirement System, so as to provide for the payment of
monthly retirement benefits for creditable service as a district attorney at the age of 65 years;
to provide for calculation of benefits for individuals who first become members after the
effective date of this Act; to provide for calculation of survivors benefits; to provide for
conforming changes; to provide a short title; to provide for an effective date; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "District Attorney Compensation Reform
Act."
SECTION 2.
Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to
general provisions regarding prosecuting attorneys, is amended by revising Code Section
15-18-10, relating to compensation of district attorneys and private practice of law
prohibited, as follows:
"15-18-10.
(a) Except as provided for in subsection (b) of this Code section, each Each district
attorney shall receive an annual salary from state funds as prescribed by law. Such salary
shall be paid as provided in Code Sections 15-18-10.1, 15-18-10.2, and 15-18-19,
and 45-7-4.
(b)(1) Each district attorney in office on July 1, 2026, shall have the option to receive the
annual salary provided by Code Section 45-7-4 and any locality pay provided by this
Code section and Code Section 15-18-19 in lieu of his or her compensation which is
otherwise provided by laws in effect on June 30, 2026. The option provided by this
paragraph shall be exercised by such district attorney's filing a written notification thereof
with the Prosecuting Attorneys' Council of Georgia and the governing authority of each
county comprising such district attorney's judicial circuit. A district attorney in office on
July 1, 2026, shall not be required or obligated to exercise the option provided by this
paragraph, but if and when any such district attorney voluntarily and expressly exercises
such option, such district attorney's exercise of such option shall be final and irrevocable.
The failure to exercise the option shall be an election to continue to receive compensation
as previously calculated by law in effect on June 30, 2026, and as outlined in
paragraph (2) of this subsection, and until such option is exercised; provided, however,
that such option must be exercised no later than January 1, 2030. The option exercised
pursuant to this paragraph shall go into effect the next pay period beginning five business
days following the exercise of such option.
(2) To ensure that no district attorney in office on July 1, 2026, has his or her salary,
allowance, or county supplements decreased during his or her term of office, any district
attorney in office on July 1, 2026, who does not exercise the irrevocable option provided
by paragraph (1) of this subsection shall continue to be compensated in precisely the
same manner as he or she was compensated as of June 30, 2026, including, but not
limited to, county supplements, in accordance with Article VI, Section VIII,
Paragraph I (c) of the Constitution.
(3) For the purpose of this Code section and Code Section 15-18-10.2, an interim district
attorney serving on July 1, 2026, shall be treated in the same manner as an elected district
attorney related to any options such district attorneys have as to their compensation.
The county or counties comprising the judicial circuit may supplement the salary of the
district attorney in such amount as is or may be authorized by local Act or in such amount
as may be determined by the governing authority of such county or counties, whichever is
greater.
(c) The clerk of court shall collect any such fees, fines, forfeitures, costs, and emoluments
and remit the same to the county treasury by the fifteenth day of each month.
(d) No district attorney receiving an annual salary under this Code section shall engage in
the private practice of law."
SECTION 3.
Said article is further amended in Code Section 15-18-10.1, relating to annual accountability
supplement and exception, by repealing subsection (d).
SECTION 4.
Said article is further amended by adding a new Code section to read as follows:
"15-18-10.2.
(a) Except as provided for in subsection (b) of this Code section, on or after July 1, 2026,
the county or counties comprising a judicial circuit may provide the district attorney of
such circuit, who either was not in office as a district attorney as of July 1, 2026, or made
an irrevocable election authorized by paragraph (1) of subsection (b) of Code
Section 15-18-10, with locality pay as authorized by this Code section, and such district
attorneys shall not be eligible for county salary supplements provided by local Act. In no
event shall locality pay exceed 10 percent of the state annual salary provided by Code
Section 45-7-4 to such district attorney. All such locality pay shall be in lieu of and not in
addition to any county supplements previously provided by the county or counties.
(b) In no event shall the annual locality pay provided to a district attorney or circuit public
defender by the county or counties comprising a judicial circuit in aggregate exceed the
lesser of:
(1) Ten percent of the state annual salary paid to a district attorney pursuant to Code
Section 45-7-4; or
(2) The total of $20,608.05;
provided, however, that, if the state annual salary paid to district attorneys exceeds
$206,805.00, then the maximum allowable amount of annual locality pay provided to a
district attorney by the county or counties comprising a judicial circuit shall instead be
equal to the difference between $20,608.05 and half the amount by which such state annual
salary exceeds $206,805.00. The intent of this subsection is to provide for a gradual
decrease in the maximum amount of allowable locality pay as the state annual salary
provided by Code Section 45-7-4 to district attorneys exceeds $206,805.00 and continues
to increase.
(c) Except as provided for in subsection (b) of Code Section 15-18-10 and subsection (d)
of this Code section and notwithstanding any other provision of law to the contrary, on and
after July 1, 2026, no county or counties comprising a judicial circuit shall provide county
salary supplements to a district attorney.
(d)(1) Nothing in subsection (c) of this Code section shall operate to prevent a county or
counties comprising a judicial circuit from providing a local salary supplement when the
district attorney of that judicial circuit enters into a contract with said county or counties
to act as the solicitor of a county's probate or magistrate court, or for supplements of
compensation for services under Code Sections 15-18-11 and 19-11-23.
(2) For all district attorneys who elect to exercise the option provided by paragraph (1)
of subsection (b) of Code Section 15-18-10, to the extent the aggregate salary provided
for by subsection (a) of Code Section 15-18-10 and locality pay provided for by
subsection (a) of this Code section to a particular district attorney do not equal or exceed
such district attorney's aggregate salary and local supplement in effect at the time of such
district attorney's exercise of such option, then the county or counties of the circuit shall
pay an additional supplement in the amount equal to the difference between the aggregate
salary and supplement in effect at the time of such district attorney's exercise of such
option and the aggregate salary provided for by subsection (a) of Code Section 15-18-10
and locality pay provided for by subsection (a) of this Code section. When an additional
supplement is required by this paragraph in a circuit consisting of more than one county,
then each county shall pay such additional supplement in proportion to each county's
contribution to the local supplement in effect at the time of such district attorney's
exercise of the option to participate. In no event shall the additional supplement required
by this paragraph result in a district attorney's aggregate salary that exceeds the aggregate
salary existing at the time of a district attorney's exercise of such option.
(e) Nothing in subsection (c) of this Code section shall operate to prevent a county or
counties comprising a judicial circuit from continuing to provide fringe benefits to the
district attorney of such circuit in the same manner that such benefits were provided on
June 30, 2026.
(f) Nothing in this Code section or subsection (b) of Code Section 15-18-10 shall operate
to alter, amend, contract, expand, extend, limit, modify, or terminate retirement benefits
or rights thereto in existence prior to July 1, 2026. All district attorneys who exercise the
option provided by paragraph (1) of subsection (b) of Code Section 15-18-10 shall have no
right to any benefit existing at the time such option is exercised reduced. To the extent
otherwise permitted by law, each county within a judicial circuit is authorized, but not
required, to provide retirement benefits based upon the locality pay it provides pursuant to
subsection (a) of this Code section."
SECTION 5.
Said article is further amended in Code Section 15-18-14, relating to appointment of assistant
district attorneys, qualifications, and compensation, by revising subsection (c) as follows:
"(c) Each attorney appointed pursuant to this Code section shall be compensated based on
a salary schedule established in accordance with subsection (e) of Code Section 15-18-19.
The salary range for each class established in accordance with subsection (b) of this Code
section shall be as follows:
(1) Assistant district attorney I. Not less than $38,124.00 $78,000.00 nor more than 65
percent of the compensation of the district attorney;
(2) Assistant district attorney II. Not less than $40,884.00 $93,082.00 nor more than 70
percent of the compensation of the district attorney;
(3) Assistant district attorney III. Not less than $45,108.00 $111,562.00 nor more than
80 percent of the compensation of the district attorney; and
(4) Assistant district attorney IV. Not less than $52,176.00 $134,291.00.
SECTION 6.
Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries
of certain state officials, cost-of-living adjustments, and base-salary of certain judges, is
amended by repealing and reserving paragraphs (19.2) and (21) of subsection (a) and by
adding a new paragraph to subsection (d) to read as follows:
"(3) Except as provided for in subsection (b) of Code Section 15-18-10, the annual salary
of each district attorney shall be set by the General Assembly in the General
Appropriations Act, provided that such salary shall not exceed 88 percent of the base
salary provided for in paragraph (1) of this subsection."
SECTION 7.
Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes,
is amended by adding a new Code section to read as follows:
"1-3-13.
(a)(1) Notwithstanding any provision of law to the contrary, except for Code Section
17-12-25, as of July 1, 2026, all local laws and local ordinances or resolutions in effect
as of such date that provide for a salary, supplement, or other compensation to be paid to
a state, county, or local officer, official, or employee based on a percentage of, total
compensation for, or similar mathematical relationship to any district attorney's salary,
supplement, or other compensation shall be suspended as a matter of law with respect to
any increase in the salary, supplement, or other compensation paid to a district attorney
during the term of such suspension; provided, however, that such suspension shall not be
applicable to any local law or local ordinance or resolution adopted after July 1, 2026.
(2) During the period of the suspension provided for in paragraph (1) of this subsection:
(A) No change in the salary of a district attorney shall result in a change in the
calculation of any compensation to be paid to a state, county, or local officer, official,
or employee by any county, municipality, consolidated government, or other political
subdivision; and
(B) The compensation paid to any state, county, or local officer, official, or employee
whose compensation is expressly based on a percentage of, total compensation for, or
similar mathematical relationship to a district attorney's salary, supplement, or other
compensation shall remain at the same amount as provided at the beginning of such
period of suspension, unless and until such suspension terminates with respect to such
individual pursuant to paragraph (1) of subsection (b) of this Code section or the
compensation paid to any such state, county, or local officer, official, or employee is
modified pursuant to subsection (c) of this Code section.
(3) The provisions of this subsection shall not repeal or amend any local law or local
ordinance or resolution, but the provisions of local laws or local ordinances or resolutions
related to calculating compensation based on a district attorney's salary, supplement, or
other compensation shall be merely suspended and shall remain suspended with respect
to any change in such compensation until such suspension is lifted or such compensation
is modified pursuant to subsection (b) or (c) of this Code section with respect to a given
public officer, official, or employee.
(b)(1) As of July 1, 2027, the suspension provided for in subsection (a) of this Code
section shall be terminated with respect to all judges. Any salary or compensation change
for a judge that otherwise would have gone into effect between July 1, 2026, and
June 30, 2027, by operation of a local law or local ordinance or resolution if such
suspension had not been in effect shall become effective for calculations of such judge's
prospective salary or other compensation that may be earned on or after July 1, 2027,
unless the local law or local ordinance or resolution that provides for a salary,
supplement, or other compensation to be paid to such judge is repealed prior to
July 1, 2027, or is amended, prior to July 1, 2027, to expressly modify the terms of such
judge's compensation.
(2) The suspension provided for in subsection (a) of this Code section shall remain in
place for all officers, officials, and employees described in paragraph (1) of subsection (a)
of this Code section other than judges, unless and until the compensation payable to any
such other officer, official, or employee is modified pursuant to subsection (c) of this
Code section.
(3) The termination of a suspension provided for in subsection (a) of this Code section
shall not entitle any person to retroactive compensation that he or she otherwise may have
earned except for such suspension, and no such retroactive payments shall be made.
(c)(1) Nothing in this Code section shall operate to prevent the General Assembly from
at any time repealing or amending, in whole or in part, any local law that is suspended
pursuant to subsection (a) of this Code section, and any such repeal or amendment shall
become effective in the time and manner stated in the law implementing such repeal or
amendment, without regard to the suspension provided for in this Code section.
(2) Nothing in this Code section shall operate to prevent a county, municipality,
consolidated government, or other political subdivision from, at any time, enacting any
salary, supplement, or other compensation changes for any state, county, or local officer,
official, or employee if otherwise authorized by general or local law, and any such change
shall become effective in the time and manner stated in such lawful enactment, without
regard to the suspension provided for in this Code section.
(3) In no event shall any action described in paragraph (1) or (2) of this subsection:
(A) Authorize the payment of or entitle any district attorney to any salary supplement
or any locality pay in excess of the limits set forth in Code Section 15-8-10.2; or
(B) Authorize the payment of or entitle any person to retroactive compensation that he
or she otherwise may have earned except for any period of suspension.
(d) The General Assembly finds that increases to district attorney's compensation that
become effective on or after July 1, 2026, may automatically trigger increases to other
public officers, officials, and employees for whom existing legislation automatically ties
their compensation to that of district attorneys, and that these automatic increases in
compensation would generally result in sudden financial hardship for local governments.
Accordingly, it is the intent of this Code section that:
(1) The salary of any state, county, or local officer, official, or employee whose salary,
supplement, or other compensation is based on a percentage of, total compensation for,
or similar mathematical relationship to a district attorney's salary or supplement shall,
during the period of any such suspension imposed by this Code section, remain the same
as such salary, supplement, or other compensation was at the beginning of such period;
(2) Such state, county, or local officer, official, or employee shall continue to receive
such salary, supplement, or other compensation during the period of such suspension at
the same rate or amount as at the beginning of such period; and
(3) The amount of such salary, supplement, or other compensation shall remain
unchanged until the occurrence of an event described in subsections (a) through (c) of this
Code section, which includes:
(A) Such suspension being terminated pursuant to this Code section;
(B) With respect to a salary, supplement, or other compensation set by local law, the
General Assembly takes some affirmative action to set the salary, supplement, or other
compensation by repealing or amending, in whole or in part, any local law that is
suspended pursuant to subsection (a) of this Code section and such repeal or
amendment becomes effective; or
(C) With respect to a salary, supplement, or other compensation set by local ordinance
or resolution, the county, municipality, consolidated, or other local government takes
some affirmative action to set the salary, supplement, or other compensation and such
action becomes effective.
(e) This Code section shall not affect the compensation paid to any circuit public defender
pursuant to Code Section 17-12-25."
SECTION 8.
Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia
Judicial Retirement System, is amended by revising Code Section 47-23-45, relating to effect
of change in employment, as follows:
"47-23-45.
Any member of this retirement system shall be entitled to remain as a member by holding
any position or office covered by the fund and shall receive full credit for all service as a
member despite his or her change from one position or office to another covered by the
fund. Upon becoming eligible for retirement, however, retirement benefits shall be
determined in accordance with Code Sections 47-23-101, 47-23-102, and 47-23-102.1, and
47-23-102.2."
SECTION 9.
Said chapter is further amended by revising Code Section 47-23-102.1, relating to
qualifications to receive retirement benefits, as follows:
"47-23-102.1.
(a) This Code section shall only apply to an individual who first becomes became a
member on or after July 1, 2025, and before July 1, 2026.
(b) The right of a member to receive benefits under this chapter shall vest after the member
obtains ten years of creditable service; provided, however, that no member shall receive
a retirement benefit prior to attaining the age of 60 years. Except as otherwise provided
in Article 2 of Chapter 1 of this title, a member's accumulated contributions shall be 100
percent vested and nonforfeitable at all times. Any member retiring with 16 years or more
of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each
year of creditable service over 16 years, of the member's salary; provided, however, that
no member shall receive more than 24 years of creditable service. Any member retiring
with less than 16 years of creditable service may retire at a reduced benefit pursuant to
Code Section 47-23-103. Except as provided in subsection (c) of this Code section, normal
retirement age under this retirement system shall be the date the member has reached 60
years of age, provided that he or she has at least ten years of creditable service. For
purposes of Section 402(1) of the federal Internal Revenue Code regarding distributions
from governmental plans for health and long-term care insurance for public safety officers,
normal retirement age shall be the earliest date when the member has satisfied the
requirements for a retirement under this retirement system.
(c) On the effective date of a member's retirement, as provided for in subsection (b) of
Code Section 47-23-103, such member's monthly retirement benefit shall be calculated as
follows:
(1) If a member is over the age of 65 years on his or her effective date of retirement, or
has attained the age of 65 years after his or her effective date of retirement, such member
shall receive the full amount of the benefit calculated pursuant to subsection (b) of this
Code section; or
(2) If a member has not yet attained the age of 65 years on his or her effective date of
retirement, the monthly retirement benefit shall be calculated pursuant to subsection (b)
of this Code section using only the years of creditable service attributable to such
member's service in any covered position except for as that of a superior court judge.
(d) The board is authorized to provide by rule or regulation for the payment of benefits to
members or beneficiaries of the retirement system at a time and under circumstances not
provided for in this chapter to the extent that such payment is required to maintain the
retirement system as a qualified retirement plan for the purposes of federal income tax laws
and regulations."
SECTION 10.
Said chapter is further amended by adding a new Code section to read as follows:
"47-23-102.2.
(a) This Code section shall only apply to an individual who first became a member on or
after July 1, 2026.
(b) The right of a member to receive benefits under this chapter shall vest after the member
obtains ten years of creditable service; provided, however, that no member shall receive
a retirement benefit prior to attaining the age of 60 years. Except as otherwise provided
in Article 2 of Chapter 1 of this title, a member's accumulated contributions shall be 100
percent vested and nonforfeitable at all times. Any member retiring with 16 years or more
of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each
year of creditable service over 16 years, of the member's salary; provided, however, that
no member shall receive more than 24 years of creditable service. Any member retiring
with less than 16 years of creditable service may retire at a reduced benefit pursuant to
Code Section 47-23-103. Except as provided in subsection (c) of this Code section, normal
retirement age under this retirement system shall be the date the member has reached 60
years of age, provided that he or she has at least ten years of creditable service. For
purposes of Section 402(1) of the federal Internal Revenue Code regarding distributions
from governmental plans for health and long-term care insurance for public safety officers,
normal retirement age shall be the earliest date when the member has satisfied the
requirements for a retirement under this retirement system.
(c) On the effective date of a member's retirement, as provided for in subsection (b) of
Code Section 47-23-103, such member's monthly retirement benefit shall be calculated as
follows:
(1) If a member is over the age of 65 years on his or her effective date of retirement, or
has attained the age of 65 years after his or her effective date of retirement, such member
shall receive the full amount of the benefit calculated pursuant to subsection (b) of this
Code section; or
(2) If a member has not yet attained the age of 65 years on his or her effective date of
retirement, the monthly retirement benefit shall be calculated pursuant to subsection (b)
of this Code section using only the years of creditable service attributable to such
member's service in any covered position except that of a superior court judge or district
attorney.
(d) The board is authorized to provide by rule or regulation for the payment of benefits to
members or beneficiaries of the retirement system at a time and under circumstances not
provided for in this chapter to the extent that such payment is required to maintain the
retirement system as a qualified retirement plan for the purposes of federal income tax laws
and regulations."
SECTION 11.
Said chapter is further amended by revising Code Section 47-23-103, relating to retirement
based on age and application to retire, as follows:
"47-23-103.
(a) In lieu of retirement at the benefit level provided by Code Section 47-23-102, or
47-23-102.1, or 47-23-102.2, a member may retire at any time after attaining the age of 60
years and after obtaining a minimum of ten years of creditable service. The monthly
retirement benefit for such early retirement shall be a percentage of either the benefit under
Code Section 47-23-102 if such member first became a member before July 1, 2025, or the
benefit under subsection (c) of Code Section 47-23-102.1 if such member first became a
member on or after between July 1, 2025, and June 30, 2026, or the benefit under
subsection (c) of Code Section 47-23-102.2 if such member first became a member on or
after July 1, 2026, and such percentage shall be the proportion which the number of years
of creditable service the member has in the retirement system bears to 16.
(b) The effective date of retirement shall be the first day of the month in which the
application is received by the board of trustees, provided that no retirement shall, in any
case, be effective earlier than the first day of the month following the final month of the
applicant's employment. Applications for retirement shall not be accepted more than 90
days in advance of the effective date of retirement."
SECTION 12.
Said chapter is further amended by revising Code Section 47-23-104, relating to disability,
determination of benefits, and determining disability, as follows:
"47-23-104.
(a) After obtaining a minimum of four years of creditable service, any member who
becomes totally and permanently disabled to the extent that he or she is unable to perform
the duties of his or her office shall be entitled to receive a disability retirement benefit
which shall be one-half of the maximum retirement benefits provided by Code Section
47-23-102, or 47-23-102.1, or 47-23-102.2 for 16 years of service, unless the member
would otherwise qualify for a greater benefit under Code Section 47-23-102 if such
member first became a member before July 1, 2025, Code Section 47-23-102.1 if such
member first became a member on or after between July 1, 2025, and June 30, 2026, or
Code Section 47-23-102.2 if such member first became a member on or after July 1, 2026,
or Code Section 47-23-103, in which event the Code section providing the highest benefit
would apply.
(b) After obtaining a minimum of ten years of actual service, any member who becomes
totally and permanently disabled to the extent that he or she is unable to perform the duties
of his or her office shall be entitled to receive a disability retirement benefit which shall be
two-thirds of the maximum retirement benefits provided by Code Section 47-23-102 , or
47-23-102.1, or 47-23-102.2.
(c) The disability of any member applying for disability retirement benefits shall be
determined by the board in the same manner and under the same procedure as disability of
state employees is determined in accordance with the applicable provisions of the
Employees' Retirement System of Georgia. Disability retirement benefits shall become
effective on the first day of the month following the month the member resigns as a result
of the disability."
SECTION 13.
Said chapter is further amended by revising Code Section 47-23-105.1, relating to
modification of retirement allowance, as follows:
"47-23-105.1.
(a) The provisions of this Code section shall apply only to persons who become members
of this retirement system on or after July 1, 2012.
(b) A member may make a one-time election to convert the retirement allowance
otherwise payable to him or her into a modified retirement allowance of equivalent
actuarial value and designate a natural person to receive a survivors benefit in accordance
with one of the options set forth in paragraphs (1), (2), (3), or (4) of this subsection. Such
retirement allowance shall be actuarially reduced in accordance to the designated survivor's
projected life span. For any member whose benefit amount is calculated pursuant to Code
Section 47-23-102.1 or 47-23-102.2, such actuarial adjustment shall account for any
increase in the benefit amount accruing to such member when he or she attains the age of
65 years. Such actuarial adjustment shall be computed upon the basis of the mortality
tables and rates of interest last adopted by the board of trustees. Such election may be
made only after the member has become eligible to retire and before the first payment of
his or her retirement allowance normally becomes due. Such election shall be irrevocable
except as otherwise provided in this Code section. The options are:
(1) Option one, known as the 100 percent joint and survivor option, shall consist of a
reduced retirement allowance which is payable during the life of the retired member and
which, upon his or her death, shall be continued at the same rate throughout the life of
and paid to the designated survivor.;
(2) Option two, known as the 66 2/3 percent joint and survivor option, shall consist of
a reduced retirement allowance which is payable during the life of the retired member and
which, upon his or her death, shall be continued at the rate of two-thirds the reduced
retirement allowance throughout the life of and paid to the designated survivor.;
(3) Option three, known as the 50 percent joint and survivor option, shall consist of a
reduced retirement allowance which is payable during the life of the retired member and
which, upon his or her death, shall be continued at the rate of one-half the reduced
retirement allowance throughout the life of and paid to the designated survivor.; and
(4) Option four, known as the pop-up option, shall be the election of options one, two,
or three, with the added provision that in the event the designated survivor predeceases
the retired member, the retirement allowance payable to the retired member after the
death of the designated survivor shall be equal to the maximum retirement allowance
which the retired member would have been entitled to receive under this chapter had such
election not been made.
(c) In the event a member is not married at the time he or she retires and the retired
member does not elect a survivor's option and such member subsequently marries, the
retired member may elect to begin receiving an actuarially reduced benefit of equivalent
value and establish on behalf of the newly acquired spouse an option under this Code
section. Such election shall be made within six months after the marriage.
(d) In the event a retired member makes an election under subsection (b) of this Code
section on behalf of a spouse and such spouse predeceases the retired member and the
retired member subsequently remarries, the retired member may elect to begin receiving
an actuarially reduced benefit of equivalent value and establish on behalf of a new
designated survivor pursuant to an option under this Code section.
(e) In the event a retired member makes an election under subsection (b) of this Code
section on behalf of a spouse and a final judgment of complete divorce from the spouse is
entered, then:
(1) The retired member may elect to continue the optional allowance with the former
spouse designated to receive all amounts and benefits upon the death of the retired
member; or
(2) The retired member may revoke the appointment of such spouse as a beneficiary;
provided, however, that in such event the retirement benefit received by the retired
member shall not increase. Such revocation may be made at any time after the entry of
the final judgment of divorce. If the retired member elects to revoke the election, the
spouse shall be treated in the same manner as if he or she had predeceased the retired
member under subsection (d) of this Code section.
(f) If an active vested member of this retirement system dies and is survived by a legal
spouse, such spouse shall receive a benefit as if the member has had retired on the date of
his or her death, had attained the age of 65, and had elected option three."
SECTION 14.
Said chapter is further amended by revising Code Section 47-23-106, relating to county
supplement of salaries, as follows:
"47-23-106.
(a) Whenever any county within a judicial circuit supplements the state salary paid to
active superior court judges or the district attorney of said circuit, the governing authority
of such county shall be authorized, but not required, to supplement the benefit being paid
pursuant to this chapter to any retired superior court judge or district attorney of said circuit
who is receiving benefits pursuant to this chapter or to supplement the benefit being paid
pursuant to this chapter to any beneficiary of any deceased superior court judge or district
attorney.
(b) Whenever any county which has a state court supplements the salary of the judges or
solicitors-general of such court, the governing authority of such county shall be authorized,
but not required, to supplement the benefit being paid pursuant to this chapter to any retired
state court judge of such court who is receiving benefits pursuant to this chapter or
supplement the benefit being paid pursuant to this chapter to any beneficiary of any
deceased state court judge.
(c) Notwithstanding the provisions of subsection (a) or (b) of this Code section, for any
single county judicial circuit where the county site is located in an unincorporated area of
the county and the county governing authority has constructed one or more permanent
satellite courthouses within the county, said county shall supplement the benefit amount
being paid pursuant to this chapter to any district attorney who retired from such circuit.
The amount of the supplement shall be determined by multiplying the benefit percentage
he or she earned pursuant to Code Section 47-23-102 if such member first became a
member before July 1, 2025, or Code Section 47-23-102.1 if such member first became a
member on or after between July 1, 2025, and June 30, 2026, or Code Section 47-23-102.2
if such member first became a member on or after July 1, 2026, at retirement together with
the aggregate county salary supplement being paid to the active district attorney on the date
that he or she begins receiving a retirement benefit or the supplement paid to the retiring
district attorney upon his or her last day of service as district attorney, whichever is greater.
The supplement shall not be payable to a spouse or survivor pursuant to the provisions of
Code Section 47-23-105."
SECTION 15.
This Act shall become effective on July 1, 2026.
SECTION 16.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 1020 overhauls how Georgia's district attorneys are paid, phasing out most county salary supplements in favor of state salary and optional locality pay, and changes the Judicial Retirement System so district attorney service counts toward a full pension only after age 65.
### Plain-language summary
Georgia currently lets counties supplement district attorneys' state salaries by local ordinance, and pension law treats district attorney service differently from judge service. House Bill 1020, called the District Attorney Compensation Reform Act, rewrites both systems starting July 1, 2026. District attorneys in office on that date can either keep their current pay setup for life or irrevocably switch to a new system of state salary plus capped county locality pay (up to 10 percent of the state salary, with a formula that shrinks the cap as salaries rise). New and switching district attorneys lose eligibility for old-style county salary supplements, though counties can still pay fringe benefits and certain contract-based supplements.
The bill also raises minimum pay ranges for assistant district attorneys, freezes local laws that tie other officials' pay to a district attorney's salary (lifting automatically for judges in 2027), and rewrites the Georgia Judicial Retirement System (O.C.G.A. Chapter 23 of Title 47) so that members joining on or after July 1, 2026 get their full pension only after reaching age 65, unless their creditable service is as a superior court judge or district attorney, mirroring the treatment already given to judges. The law takes effect July 1, 2026.
### What it does
- Lets district attorneys serving as of July 1, 2026 choose, once and irrevocably, between keeping their current pay and supplements or switching to state salary plus capped county locality pay.
- Abolishes most county salary supplements for district attorneys going forward, replacing them with locality pay capped at 10 percent of the state salary, with a shrinking cap formula as salaries rise.
- Raises the minimum salary ranges for assistant district attorneys (for example, Assistant District Attorney I rises from $38,124 to $78,000).
- Freezes (suspends) local laws or ordinances that calculate other officials' pay as a percentage of a district attorney's salary, with the freeze on judges' pay automatically lifting July 1, 2027.
- Adds a new Georgia Judicial Retirement System rule (O.C.G.A. § 47-23-102.2) so that members joining the system on or after July 1, 2026 get full pension credit for district attorney or superior court judge service only once they turn 65.
- Preserves existing retirement rights and county fringe benefits for district attorneys, so switching to the new pay system cannot reduce benefits already earned.
### Who it affects
Georgia's district attorneys and assistant district attorneys, county governments that currently pay salary supplements, other local officials whose pay is legally tied to a district attorney's salary (including some judges), and members of the Georgia Judicial Retirement System, including future district attorneys and superior court judges planning retirement.
### Why it matters
District attorneys would face a one-time, irrevocable choice about how they get paid, and counties would lose the ability to freely supplement DA salaries going forward. Assistant district attorneys would see substantially higher minimum pay, and newly hired district attorneys and judges would need to work until age 65 to draw a full pension based on that service.
### Key provisions
- Section 2 amends O.C.G.A. § 15-18-10 so sitting district attorneys must choose by January 1, 2030 between old compensation (with county supplements) or new state salary plus locality pay; the choice is irrevocable once made.
- Section 4 adds O.C.G.A. § 15-18-10.2, capping county locality pay at 10 percent of the state salary (or $20,608.05, whichever is less) and barring most new county salary supplements after July 1, 2026.
- Section 5 raises minimum pay for Assistant District Attorney classes I through IV, for example moving Assistant District Attorney IV's floor from $52,176 to $134,291.
- Section 6 amends O.C.G.A. § 45-7-4 to cap district attorney state salary at 88 percent of the base salary referenced in that section, set by the General Assembly's annual budget act.
- Section 7 adds O.C.G.A. § 1-3-13, suspending local laws that peg other officials' pay to a district attorney's salary, with the suspension on judges' pay lifting automatically July 1, 2027.
- Sections 9 and 10 add O.C.G.A. § 47-23-102.2, requiring judicial retirement system members who join on or after July 1, 2026 to reach age 65 for full pension credit on district attorney or superior court judge service.
- Section 15 sets the effective date of the entire Act as July 1, 2026.
## Status
- Status: Passed (2026-05-12)
- Last action: Effective Date 2026-07-01 (2026-05-12)
- Sponsors: Matt Reeves, Chuck Efstration, Stan Gunter, Trey Kelley, Tyler Smith, Rob Leverett, Bo Hatchett
- Official page: https://www.legis.ga.gov/legislation/72350
> The history, votes, and amendments (1,513 characters) are at https://georgiacommons.org/bills/2025-2026/hb1020.md?full=1