House Bill 1184
By: Representatives Bonner of the 73rd, Thomas of the 21st, Cannon of the 172nd, and Ballard
of the 147th
A BILL TO BE ENTITLED
AN ACT
To amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia
Annotated, relating to state militia generally, so as to treat retired officers the same as
warrant officers and enlisted persons for purposes of transferring members of the organized
militia to the state retired list at the same grade as such members earned during their military
service; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated,
relating to state militia generally, is amended by revising Code Section 38-2-9, relating to
state retired list, officers, enlisted persons, grade upon transfer to list, return to active duty,
and computation of time, as follows:
"38-2-9.
(a) Any member of the organized militia who has reached the age of 64 years may be
retired for the reason of age and transferred to the state retired list by the Governor. A
member may be retired for reason of age and transferred to the state retired list by the
Governor before reaching 64 years of age in order to conform to the laws and regulations
of the United States which are applicable to the organized militia.
<del>(b) Any officer who has served for at least 20 years in the organized militia or in the
organized militia and the armed forces of the United States combined, upon his request,
may be transferred to the state retired list by the Governor in a grade which is one grade
higher than the highest grade previously held by him during such service. In computing
the 20 year period, service as an enlisted person shall be counted.
</del> <ins>(c)(b)</ins> Any <ins>officer,</ins> warrant officer, or enlisted person who has served for at least 20 years
in the organized militia or in the organized militia and the armed forces of the United States
combined, upon his <ins>or her</ins> request, may be transferred to the state retired list by the
Governor in a grade equivalent to the highest grade held by him <ins>or her</ins> during such service.
<del>If the grade was of officer grade, subsection (b) of this Code section will govern.
(d)(c)</del> Upon the recommendation of the adjutant general, the Governor may order any
person on the state retired list to return to active duty and serve on military courts or
boards, perform staff duty in or with the organized militia, or, in time of emergency,
perform any military duty in or with the organized militia. In any such case, the person so
ordered shall rank in his <ins>or her</ins> grade at retirement from the date of the order.
<ins>(e)(d)</ins> Time spent on the state retired list shall not be credited in the computation of length
of service for seniority, pay, promotion, or otherwise, or any of the privileges and
exemptions pertaining thereto, except that time served on active duty by order of the
Governor shall be credited."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.