Georgia CommonsHouse · Passed · 2025-2026 Regular Session
HB 438: Employees' Retirement System of Georgia; allow certain sworn law enforcement officers to be eligible for retirement benefits at age 55; provisions
Last action July 1, 2026 · Effective Date
House Bill 438 would let all sworn law enforcement officers in the Georgia Department of Public Safety, plus its commissioner and deputy commissioner, retire at age 55 with full benefits and qualify for related disability protections, not just those in the department's Uniform Division as under current law.
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
Under current Georgia law, early retirement at age 55 with full benefits in the Employees' Retirement System of Georgia is limited mainly to officers in the Department of Public Safety's Uniform Division, along with certain officers at the Georgia Bureau of Investigation, the Department of Natural Resources, and the Department of Revenue. House Bill 438 broadens that group within the Department of Public Safety to cover any sworn law enforcement officer, noncommissioned officer, or trooper, not just those assigned to the Uniform Division, and adds the commissioner and deputy commissioner of the department. The bill also extends the same access to related benefits, including certain line-of-duty disability allowances and the ability to purchase extra creditable service for prior local law enforcement work, to these newly covered employees. The change would take effect July 1, 2026, but only if state officials certify it is funded under Georgia's Public Retirement Systems Standards Law (O.C.G.A. Chapter 20 of Title 47); if not certified, the bill is automatically repealed on that same date.
What the bill does
- Expands eligibility for retirement at age 55 with full benefits to all sworn law enforcement officers, noncommissioned officers, and troopers in the Department of Public Safety, not just its Uniform Division.
- Adds the commissioner and deputy commissioner of the Department of Public Safety to the group eligible for age-55 retirement and related benefits.
- Extends line-of-duty disability retirement allowances and monthly supplemental disability benefits (up to $150 per month) to the newly covered Department of Public Safety employees.
- Allows the newly covered employees to purchase up to five years of extra creditable service for prior qualifying local law enforcement work, under the existing rules in O.C.G.A. § 47-2-226.
- Makes the law take effect July 1, 2026 only if certified as funded under the Public Retirement Systems Standards Law, with automatic repeal on that date if not certified.
Who it affects
Sworn law enforcement officers, noncommissioned officers, and troopers throughout the Department of Public Safety, including those outside the Uniform Division, plus the department's commissioner and deputy commissioner. It also touches the Employees' Retirement System of Georgia, which administers these pension benefits.
Why it matters
Officers who previously had to work until age 60 or accumulate 30 years of service to retire with full benefits could instead retire at 55 if they meet the service requirement, and would gain access to disability benefits and service-purchase options currently reserved for a narrower group of law enforcement personnel.
Key provisions
- Section 1 amends O.C.G.A. § 47-2-110 to set normal retirement age at 55 for sworn law enforcement officers across the Department of Public Safety and its commissioner and deputy commissioner, given ten years of creditable service.
- Section 2 amends O.C.G.A. § 47-2-111 to let these employees retire at 55 with a benefit no less than what they would have received retiring at 65.
- Section 3 amends O.C.G.A. § 47-2-221 to extend line-of-duty disability allowances and a $5-per-year, up to $150-per-month supplemental benefit to the commissioner and deputy commissioner.
- Section 4 amends O.C.G.A. § 47-2-223 to let the commissioner, deputy commissioner, and other Department of Public Safety sworn officers hired on or after July 1, 2026 retire at 55 with a guaranteed minimum benefit formula.
- Section 5 amends O.C.G.A. § 47-2-226 to add the commissioner and deputy commissioner to the definition of 'law enforcement officer' eligible to purchase extra creditable service for prior local government law enforcement work.
- Section 6 ties the law's effective date to certification of funding under the Public Retirement Systems Standards Law, with automatic repeal on July 1, 2026 if funding is not certified.
From the bill
“normal retirement age shall be the date the employee has reached 55 years of age, provided that he or she has at least ten years of creditable service.”
“This Act shall become effective on July 1, 2026, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2026”
Discussed in meetings (11)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Retirement Committee, February 24, 2026
From 1:07:07 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 438 would give sworn officers in the Department of Public Safety’s commercial vehicle enforcement and Capitol Police divisions the same access to full retirement benefits at age 55 and line-of-duty disability benefits as other covered state officers. The sponsor described unequal benefits for officers who could be injured while doing similar work and called the bill a way to provide equal treatment. Citing an actuarial study distributed to members, the sponsor said the change would require an additional $661,000 in annual employer contributions to keep the retirement system financially sound. The chair asked about the issue’s connection to motor carrier enforcement formerly being under the Department of Transportation. The sponsor confirmed that history and described the benefit gap as an apparent oversight. The committee approved a motion to recommend passage by voice vote; no opposition was heard.
House Rules Committee, March 2, 2026
From 0:57:25 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 438 would give the Department of Public Safety's commercial vehicle enforcement and Capitol Police divisions the same retirement and line-of-duty disability benefits available to State Patrol officers and certain other state law enforcement officers. No questions or decision followed.
House floor session, March 4, 2026 (legislative day 27, PM, part 2)
From 2:13:00 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1987
Summary by Georgia Commons: The sponsor said HB 438 would give Commercial Vehicle Enforcement and Capitol Police officers the same retirement and line-of-duty disability benefits available to other state law enforcement officers. The sponsor said State Patrol, Department of Natural Resources and Georgia Bureau of Investigation officers could already retire with full benefits at 55, while the two other Department of Public Safety divisions could not. A supporting member traced the difference to the history of agency organization and certification and said unequal benefits caused friction within the department. The House passed the bill 159–0.
Senate Retirement Committee, March 17, 2026
From 0:21:24 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would include the Department of Public Safety’s Commercial Vehicle Enforcement and Capitol Police divisions in retirement and line-of-duty disability provisions already covering State Patrol officers and other law enforcement personnel. The sponsor argued that these sworn officers do the same work and should receive the same benefits. The sponsor also described a terminology update from conservation rangers to game wardens. Citing an actuarial study, the sponsor said the required annual employer contribution would increase by $661,000 and argued that the cost was manageable. A committee member asked whether officers would change retirement plans and what would happen to their existing benefits. A retirement system representative said roughly 250 affected members would remain in their current GSEPS plan, which combines a pension earning 1% per year with a matched retirement savings plan, but could retire at 55 rather than 60 and receive certain law enforcement disability benefits. The representative explained that earlier benefit payments likely accounted for the additional liability and that existing funds would remain in the same trust. No one else offered testimony. The committee approved a motion to pass by voice vote, with no opposition heard.
Senate Rules Committee, March 19, 2026
From 0:37:31 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would extend retirement at age 55 and line-of-duty disability benefits to Commercial Vehicle Enforcement and Capitol Police officers. The sponsor said those officers would receive the same benefits as specified other state law enforcement officers. No questions or scheduling decision followed.
Senate Rules Committee, March 20, 2026
From 0:40:20 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair identified the bill as a retirement-system measure and said it had already been covered. No further presentation or calendar decision followed.
Senate Rules Committee, March 23, 2026
From 0:31:42 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair described HB 438 as allowing certain law enforcement officers to qualify for Employees' Retirement System benefits. No detailed explanation or questions followed. The chair later added it to the floor calendar package, which the committee approved unanimously.
Senate floor session, March 25, 2026 (legislative day 37)
From 5:17:55 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)
Summary by Georgia Commons: The clerk described HB 438 as extending retirement at age 55, certain disability benefits and service-purchase provisions to sworn Department of Public Safety officers and its commissioner and deputy commissioner. The sponsor said the bill would equalize benefits for officers who had the same training, equipment, duties and risks but currently received different protections. No questions or opposition followed. The Senate passed the bill 52 to 0.
Status timeline
- Effective Date
- Act 439
- 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 (15 actions)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Clint Crowe (R, HD-118)
- Eddie Lumsden (R, HD-12)
- Deborah Silcox (R, HD-53)
- Bill Hitchens (R, HD-161)
- Shaw Blackmon (R, HD-146)
- Beth Camp (R, HD-135)
- Rick Williams (R, SD-25)
Votes
- House voteMarch 4, 2026
159 yea, 0 nay (1 not voting, 17 excused)
- Senate voteMarch 25, 2026
52 yea, 0 nay (0 not voting, 2 excused)
Topics
- public safety retirement
- law enforcement benefits
- state pensions
- Department of Public Safety
- disability benefits