House Bill 438 (AS PASSED HOUSE AND SENATE)
By: Representatives Crowe of the 118th, Lumsden of the 12th, Silcox of the 53rd, Hitchens of
the 161st, Blackmon of the 146th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the
Employees' Retirement System of Georgia, so as to allow all sworn law enforcement officers
serving in and the commissioner and deputy commissioner of the Department of Public
Safety to be eligible for regular retirement benefits at the age of 55 years, certain disability
benefits, and certain provisions for purchasing creditable service; to provide conditions for
an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees'
Retirement System of Georgia, is amended in Code Section 47-2-110, relating to retirement
ages and application and eligibility for a retirement allowance, by revising paragraph (2) of
subsection (a) as follows:
"(2)(A) Normal retirement age, for purposes of the retirement system, shall be the date
the employee has reached 60 years of age, provided that he or she has at least ten years
of creditable service or the age of an employee on the date he or she attains 30 years of
creditable service; provided, however, that the provisions of this paragraph are subject
to change by future legislation in order to comply with federal regulations.
<ins>(B)</ins> For those members who are <del>in:
</del> <ins>(i) In</ins> service with the <del>Uniform Division of the</del> Department of Public Safety as <del>an</del> <ins>a
sworn law enforcement</ins> officer, noncommissioned officer, or trooper, <del>officers;
</del> <ins>(ii) Officers</ins> and agents of the Georgia Bureau of Investigation, <del>conservation rangers;
</del> <ins>(iii) Game wardens</ins> of the Department of Natural Resources, <del>or in;
</del> <ins>(iv) In</ins> the Department of Revenue as an alcohol and tobacco officer or agent; <ins>or
(v) The commissioner or the deputy commissioner of the Department of Public
Safety,
</ins> 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.
<ins>(C)</ins> For purposes of Section 402(l) 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
employee has satisfied the requirements for a retirement allowance under the retirement
system.
<ins>(D)</ins> Except as provided under Article 2 of Chapter 1 of this title, a member's right to
his or her retirement allowance is nonforfeitable upon attainment of normal retirement
age."
SECTION 2.
Said chapter is further amended by revising Code Section 47-2-111, relating to persons
eligible to retire at age 55, as follows:
"47-2-111.
Any other provision of this chapter to the contrary notwithstanding, any member employed
by the:
<ins>(1)</ins> <del>Uniform Division of the</del> Department of Public Safety as <del>an</del> <ins>a sworn law enforcement
</ins> officer, a noncommissioned officer, or a trooper; <del>by the
</del> <ins>(2)</ins> Georgia Bureau of Investigation as an officer or agent; <del>by the
</del> <ins>(3)</ins> Department of Natural Resources as a game warden; <del>or by the
</del> <ins>(4)</ins> Department of Revenue as an alcohol and tobacco officer or agent or as an officer or
agent of the Special Investigations Unit; <ins>or
(5) Department of Public Safety as the commissioner or deputy commissioner;</ins> shall be
eligible to retire at age 55 if he or she has the minimum number of years of creditable
service provided in Code Section 47-2-110, and upon retirement such member shall be
paid not less than the service retirement allowance which would have been payable to
such member upon service retirement at age 65 without a change in compensation and
with the same number of years' creditable service to which such member is entitled at the
time of retirement."
SECTION 3.
Said chapter is further amended by revising Code Section 47-2-221, relating to disability
allowances payable to personnel for certain disabilities arising in the line of duty, as follows:
"47-2-221.
(a)(1) Notwithstanding the disability allowance provided for in Code Section 47-2-123,
any member in service <del>of</del> <ins>as:
(A) A sworn law enforcement officer, a noncommissioned officer, or a trooper of</ins> <del>the
Uniform Division of</del> the Department of Public Safety, <del>any;
</del> <ins>(B) A</ins> game warden of the Department of Natural Resources, <del>any;
</del> <ins>(C) An</ins> officer or agent of the Georgia Bureau of Investigation, <del>and any;
</del> <ins>(D) An</ins> alcohol and tobacco officer or agent of the Department of Revenue; <ins>or
(E) The commissioner or the deputy commissioner of the Department of Public Safety,
</ins>
who, while a contributing member of this retirement system and upon becoming
permanently disabled due to an act of external violence or injury incurred in <ins>the</ins> line of
duty, becomes eligible for disability retirement allowances shall, upon making written
application to the board of trustees either personally or through his or her employer and
after a medical examination and upon certification by the medical board that such
member is, in their opinion, permanently disabled, be entitled to a monthly allowance as
computed on the member's life expectancy without option. Such monthly allowance as
shall be payable to the member only, during his or her life or length of disability, shall
not exceed 80 percent of the service allowance that would have been payable to the
member had he <ins>or she</ins> accumulated not more than 30 years of creditable service and had
retired at age 65. Such allowance shall be computed on the basis of the member's
monthly earnable compensation for the month in which his or her permanent disability
occurred. Such permanent disability retirement shall apply regardless of the length of
service of any such member; and such member shall be deemed to have acquired 30 or
more years of creditable service. In addition, a member so disabled in the line of duty
shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per
month for each year of creditable service as a member <del>of the Uniform Division of the
Department of Public Safety, game warden of the Department of Natural Resources,
alcohol and tobacco officer or agent of the Department of Revenue, or as an officer or
agent of the Georgia Bureau of Investigation</del> <ins>described in subparagraphs (A) through (E)
of this paragraph.</ins> Such additional monthly supplemental benefit shall in no event exceed
$150.00 per month. <del>Any other provision of law to the contrary notwithstanding, any
member of the Uniform Division of the Department of Public Safety who retired prior to
July 1, 1970, as a result of becoming permanently disabled due to an act of external
violence or injury incurred in the line of duty and who was a member of the retirement
system on the date of the injury or act of violence shall be entitled to and shall receive the
monthly supplemental benefit provided for in this subsection.
</del>
(2) In lieu of the <del>foregoing</del> <ins>benefits provided for in paragraph (1) of this subsection,</ins> any
member <ins>so described and</ins> so disabled in the line of duty shall be entitled to receive a
minimum monthly disability retirement benefit equal to 2 percent of his or her monthly
earnable compensation for the month in which his or her permanent disability occurred
for each year of creditable service determined as though he or she had continued in
service <del>in the Uniform Division of the Department of Public Safety, as a game warden
of the Department of Natural Resources, as an alcohol and tobacco officer or agent of the
Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation
</del> <ins>as a member described in subparagraphs (A) through (E) of paragraph (1) of this
subsection</ins> until his or her mandatory retirement age.
(b)(1) Notwithstanding the disability allowance provided for in Code Section 47-2-123,
any employee of the Department of Natural Resources appointed as a deputy game
warden under Code Section 27-1-17, any parole officer employed by the State Board of
Pardons and Paroles, any probation officer employed by the Department of Corrections,
and any community supervision officer employed by the Department of Community
Supervision who, while a contributing member of this retirement system and upon
becoming permanently disabled due to an act of external violence or injury incurred in
the line of law enforcement duty, becomes eligible for disability retirement allowances
shall, after a medical examination and upon certification by the medical board that such
member is, in their opinion, permanently disabled, be entitled to a monthly allowance as
computed on the member's life expectancy without option. Such monthly allowance as
shall be payable to the member only, during his or her life or length of disability, shall
not exceed 80 percent of the service allowance that would have been payable to the
member had he or she accumulated not more than 30 years of creditable service and had
retired at age 65. Such allowance shall be computed on the basis of the member's
monthly earnable compensation for the month in which his or her permanent disability
occurred. Such permanent disability retirement shall apply regardless of the length of
service of any such member; and such member shall be deemed to have acquired 30 or
more years of creditable service. In addition, a member so disabled in the line of law
enforcement duty shall receive a monthly supplemental benefit which shall be in the
amount of $5.00 per month for each year of creditable service as an employee of the
Department of Natural Resources who has been appointed as a deputy game warden
under Code Section 27-1-17, parole officer of the State Board of Pardons and Paroles,
probation officer of the Department of Corrections, or <del>any</del> community supervision officer
employed by the Department of Community Supervision. Such additional monthly
supplemental benefit shall in no event exceed $150.00 per month.
(2) In lieu of the foregoing, any member so disabled in the line of law enforcement duty
shall be entitled to receive a minimum monthly disability retirement benefit equal to 2
percent of his or her monthly earnable compensation for the month in which his or her
permanent disability occurred for each year of creditable service determined as though
he or she had continued in service as a deputy game warden, probation officer, parole
officer, or <del>a</del> community supervision officer until his or her mandatory retirement age."
SECTION 4.
Said chapter is further amended by revising Code Section 47-2-223, relating to retirement
benefits for those in service in Uniform Division of the Department of Public Safety, as
follows:
"47-2-223.
(a) <ins>As used in</ins> <del>For purposes of</del> this Code section, the term 'highest average compensation'
means the member's highest average monthly earnable compensation during a period of 24
consecutive calendar months while a member of the retirement system.
(b) Anything in this chapter to the contrary notwithstanding, <del>every:
</del> <ins>(1) Every</ins> person who is in service in the Uniform Division of the Department of Public
Safety as an officer, noncommissioned officer, or trooper, or as an officer or agent of the
Georgia Bureau of Investigation on June 30, 1970, and every person who enters or
reenters such service on or after July 1, 1970; <ins>and
(2) The commissioner, or the deputy commissioner of the Department of Public Safety,
and any member, not otherwise provided for in paragraph (1) of this subsection, who is
employed by the Department of Public Safety as a sworn law enforcement officer on or
after July 1, 2026,
</ins> may retire at any time after attaining the age of 55 and upon retirement such retiree shall
receive the regular retirement benefits under this chapter, provided that he or she shall in
any case receive a minimum monthly retirement benefit equal to 2 percent of his or her
highest average compensation for each year of creditable service by filing an application
therefor in a manner similar to that provided in Code Section 47-2-110."
SECTION 5.
Said chapter is further amended by revising Code Section 47-2-226, relating to certain law
enforcement officers permitted to obtain creditable service in retirement system under certain
conditions, "law enforcement officer" defined, and payment of full actuarial value to
applicant, as follows:
"47-2-226.
(a) As used in this Code section, the term 'law enforcement officer' means <del>any member:
</del> <ins>(1) A sworn law enforcement officer, a noncommissioned officer, or a trooper</ins> in service
<del>of</del> <ins>in</ins> the <del>Uniform Division of the</del> Department of Public Safety, <del>any game;
</del> <ins>(2) A game</ins> warden of the Department of Natural Resources, <del>any officer;
</del> <ins>(3) An officer</ins> or agent of the Georgia Bureau of Investigation, <del>any district;
</del> <ins>(4) A district</ins> attorney investigator who is compensated from state funds pursuant to
Code Section 15-18-14.1, <del>any alcohol;
</del> <ins>(5) An alcohol</ins> and tobacco officer or agent of the Department of Revenue, <del>any
investigator;
</del>
<ins>(6) An investigator</ins> of the Department of Driver Services, <del>and any criminal;
</del> <ins>(7) Criminal</ins> investigators or K9 handlers of the Department of Corrections; <ins>and
(8) The commissioner or the deputy commissioner of the Department of Public Safety.
</ins> (b) Any law enforcement officer who, prior to becoming a member of this retirement
system, was employed by a local government in this state as a full-time employee, in a
position in which he or she was vested with authority to enforce the criminal or traffic laws
and with the power of arrest and whose duties include the preservation of public order, the
protection of life and property, or the prevention, detection, or investigation of crime, shall
be eligible to obtain creditable service under this Code section for his or her years of
service in such capacity if:
(1) The member is not eligible to receive a present or future benefit from a defined
benefit or defined contribution retirement or pension plan in which said member
participated while employed by the local governing authority other than membership in
the Peace Officers' Annuity and Benefit Fund; and
(2) The member has been a member of the retirement system for at least ten years.
(c) Any member eligible as provided in subsection (b) of this Code section may obtain up
to an additional five years of creditable service, not to exceed the actual number of years
of service described in subsection (b) of this Code section. In order to obtain such
additional creditable service, the member shall:
(1) Make application to the board of trustees in such manner and provide such
documentation as the board deems appropriate; and
(2) Pay to the board of trustees an amount determined by the board of trustees to be
sufficient to cover the full actuarial cost of granting the creditable service as provided in
this Code section.
(d) Upon receipt of an application for additional creditable service, the board of trustees
shall certify to the applicant the amount of the payment required by paragraph (2) of
subsection (c) of this Code section."
SECTION 6.
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, as
required by subsection (a) of Code Section 47-20-50.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.