Georgia CommonsHouse · Passed · 2025-2026 Regular Session
HB 406: Judicial Retirement System; increase retirement age of superior court judges first taking office on or after July 1, 2026
Last action July 1, 2025 · Effective Date
House Bill 406 would raise the normal retirement age for future Georgia superior court judges and district attorneys covered by the Judicial Retirement System from 60 to 65, applying only to those who first become members on or after the law's effective date of July 1, 2026.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.
In plain language
Georgia's Judicial Retirement System currently lets superior court judges and district attorneys retire with full benefits 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 new law takes effect, but creates a new set of rules for people who become members on or after July 1, 2026. Under the new rules, those future members still vest after ten years and can leave at 60, but if they retire before turning 65 their monthly benefit is calculated using only their creditable service in jobs other than superior court judge. Once they turn 65, or if they retire after 65, they get the full benefit including judicial service. The bill also updates related sections on early retirement, disability benefits, survivor benefit calculations, and county salary supplements so they account for the new age-65 rule.
What the bill does
- Creates a new Code section (47-23-102.1) setting normal retirement age at 65 for judicial retirement system members who first join on or after the effective date, instead of 60.
- Keeps the current age-60 retirement rule (O.C.G.A. 47-23-102) in place only for people who were already members before the effective date.
- Reduces the pre-65 retirement benefit for new members by excluding superior court judge service from the calculation until they reach age 65.
- Updates the early retirement, disability benefit, and survivor benefit formulas in Sections 4, 5, and 6 to reference the new age-65 benefit structure.
- Adjusts the county salary supplement formula in Section 7 so it applies correctly to both pre-2026 and post-2026 members.
- Requires actuarial adjustments for survivor benefit elections to account for the higher benefit new members receive once they turn 65.
Who it affects
Superior court judges and district attorneys who join the Georgia Judicial Retirement System on or after July 1, 2026, along with their spouses and other designated survivors. Current judges, district attorneys, and other members who joined before that date are unaffected and keep the existing age-60 retirement rules. Counties that supplement judicial or district attorney salaries are also affected through updated supplement calculations.
Why it matters
Future superior court judges and district attorneys who retire before age 65 would receive a smaller monthly benefit than current members receive at the same age, because their judicial service would not count toward the benefit calculation until they turn 65. This could affect career and retirement timing decisions for people considering these judicial offices after mid-2026.
Key provisions
- Section 1 updates O.C.G.A. 47-23-45 to direct retirement benefit calculations to the new Code Section 47-23-102.1 for eligible members.
- Section 2 limits existing O.C.G.A. 47-23-102 (age-60 retirement and benefit formula) to members who joined before the Act's effective date.
- Section 3 adds new O.C.G.A. 47-23-102.1, setting normal retirement age at 65 for new members and reducing benefits calculated before that age based on non-judicial service only.
- Section 4 revises early retirement rules in O.C.G.A. 47-23-103 to apply the correct benefit formula depending on when a member first joined.
- Section 5 updates disability retirement benefit calculations in O.C.G.A. 47-23-104 to reference both the old and new benefit formulas.
- Section 6 revises survivor benefit rules in O.C.G.A. 47-23-105.1, requiring actuarial adjustments that account for the age-65 benefit increase for new members.
- Section 7 updates the county salary supplement formula in O.C.G.A. 47-23-106 to apply to both categories of members.
- Section 8 repeals conflicting laws.
From the bill
“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 a superior court judge.”
“This Code section shall only apply to an individual who first becomes a member on or after the effective date of this Act.”
Status timeline
- Effective Date
- Act 264
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Passed/Adopted (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
Show full history (16 actions)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Withdrawn, Recommitted (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Rob Leverett (R, HD-123)
- Bo Hatchett (R, SD-50)
Votes
- House voteMarch 4, 2025
167 yea, 7 nay (2 not voting, 4 excused)
- Senate voteMarch 20, 2025
53 yea, 0 nay (0 not voting, 3 excused)
Topics
- judicial retirement
- superior court judges
- public pensions
- retirement age
- district attorneys