Senate Bill 143
By: Senators Albers of the 56th, Payne of the 54th, Kirkpatrick of the 32nd, Still of the 48th,
Robertson of the 29th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated,
relating to retirement, retirement allowances, disability benefits, and death benefits relative
to the Georgia Firefighter's Pension Fund, so as to provide for certain members to continue
working while receiving retirement benefits; to provide for certain members who have retired
and reentered employment to accrue creditable service without a seven-year minimum; 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 membership in the system for each
judge employed full time in the Georgia Tax Court; to provide for creditable service; to
provide for transfer of funds; to provide for transfer of membership service; to provide for
payments of full actuarial costs; to provide for all other individuals employed by the court;
to provide for earnable monthly compensation for purposes of contributions and benefit
amounts; to provide conforming changes; to provide for related matters; 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.
Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to
retirement, retirement allowances, disability benefits, and death benefits relative to the
Georgia Firefighter's Pension Fund, is amended in Code Section 47-7-100, relating to
eligibility for full pension benefits, eligibility for partial benefits, optional pension benefits,
vesting of rights to pension benefits, and early retirement provisions, by revising
subsections (b) through (f) as follows:
"(b)(1) Any eligible member who has attained the age of 55 years and who terminates
service as a firefighter or volunteer firefighter after at least 25 years of service, upon
application to and approval by the board, shall have a vested right in an amount equal to
the maximum monthly retirement benefit in effect on the date the board approves such
application. <del>Such benefits shall commence on the date of the member's termination of
service.</del> <ins>Such benefits shall commence on the date of approval by the board. It shall not
be a requirement that a retired member terminate his or her employment or volunteer
service to receive retirement benefits under this paragraph. A member who retires under
this paragraph and who chooses to remain employed or continue his or her volunteer
service while receiving retirement benefits shall not pay monthly dues nor shall such
member be eligible to earn or buy additional creditable service.
</ins> (2) Any eligible member who terminates service <del>as a firefighter or volunteer firefighter
</del> after 25 years of service, but before reaching the age of 55 years, may, upon <del>filing an
application with</del> <ins>application to and approval by</ins> the board, cease payment of such
member's monthly dues following such termination of service and, upon reaching the age
of 55 years and being otherwise eligible, shall be paid a monthly benefit equal to the
maximum monthly retirement benefit in effect on the date such member attains the age
of 55 years.
<ins>(3) Any eligible member who terminates service after at least 15 years of service, upon
application to and approval by the board, shall be eligible for a monthly benefit equal to
</ins>
<ins>such member's vested monthly benefit pursuant to subsection (c) of this Code section in
effect on the date of such termination of service, subject to the provisions of
subsection (f) of this Code section. Such benefits shall become payable when the
member reaches 55 years of age or when such member terminates his or her employment,
whichever is later.
</ins> (c) <ins>Any eligible member who accrues at least 25 years of creditable service shall have a
vested right in and to a monthly benefit equal to the maximum monthly retirement benefit
in effect on the applicable date provided for in subsection (b) of this Code section.</ins> Any
eligible member who <del>terminates service as a firefighter or volunteer firefighter after at least
15 years of service, upon application to and approval by the board,</del> <ins>accrues at least 15 years
of creditable service</ins> shall have a vested right in and to a monthly benefit payable for the
member's lifetime equal to a pro rata amount of the maximum monthly retirement benefit
<del>provided in subsection (b) of this Code section</del> in effect on the <ins>applicable</ins> date <del>of such
termination of service</del> <ins>provided for in subsection (b) of this Code section,</ins> which amount
shall be determined by the ratio of years served, being not less than 15 nor more than 25,
to the full 25 year service retirement. <del>Such benefits shall become payable when the
member reaches 55 years of age or when he or she terminates employment as a firefighter
or volunteer firefighter, whichever is later.
</del> (d) At any time prior to approval by the board of an application for retirement, a member
may elect or may revoke a previous election and make a new election to have monthly
benefits payable under one of the options set forth in this subsection, in lieu of the benefits
payable under subsection (b) <del>or (c)</del> of this Code section. The benefits shall be paid in
accordance with the terms of the option elected. Election of any option shall be made by
the member on forms provided by the board and shall be subject to approval by the board,
which approval shall not be unreasonably withheld. No optional election is available for
payment of disability benefits.
(1) Option A, the joint and survivor option, shall consist of a decreased retirement
benefit which shall be payable during the joint lifetime of both the member and the
member's spouse and which shall continue after the death of the member during the
lifetime of the spouse in the amount chosen by the member, which amount shall be 100
percent, 75 percent, 66 2/3 percent, or 50 percent of the member's benefits. Any member
who has completed 15 years of creditable service may elect that, in the event of the
member's death prior to receiving any retirement benefits under this chapter, the
member's spouse shall receive decreased retirement benefits in the amount elected by the
member, which amount shall be 100 percent, 75 percent, 66 2/3 percent, or 50 percent of
the benefits to which the member would have been entitled based upon the member's
creditable service as of the time of the member's death. The decreased retirement benefits
payable to the spouse of a member who dies prior to receiving any retirement benefits
under this chapter shall commence on the date the member would have become 55 years
of age and shall not be payable unless, prior to the member's death, the member had
elected such benefits in the form and manner prescribed by the board and had filed such
election with the board.
(2) Option B, the ten years' certain and life option, shall consist of a decreased retirement
benefit payable to the member during the member's lifetime; and, in the event of the
member's death within ten years after the member's retirement, the same monthly benefits
shall be payable to the member's selected beneficiary, or, if the member so elects, the
total monthly benefit may be divided equally among up to five selected beneficiaries, for
the balance of such ten-year period.
(3) If a member selects Option A, then, after the approval of the application for
retirement, the following provisions apply:
(A) If the member's spouse shall predecease the member, the member may, in writing
on forms prescribed by the board and subject to approval by the board, revoke Option
A and thereafter receive during the member's lifetime a monthly retirement benefit
commencing on the date on which the board approves such revocation, but not for any
period prior to such approval, equal to the maximum monthly benefit which would have
been payable to him had such option not been exercised;
(B) If there is entered a final judgment of complete divorce between the member and
the member's spouse, the member may, in writing on forms prescribed by the board and
subject to approval by the board, revoke Option A and thereafter receive during the
member's lifetime a monthly retirement benefit commencing on the date on which the
board approves such revocation, but not for any period prior to such approval, equal to
the maximum monthly benefit which would have been payable had such option not
been exercised; and
(C) If, following the death of the member's spouse or the entry of a final judgment of
divorce between the member and the member's spouse, the member remarries, the
member may, in writing on forms prescribed by the board and subject to approval by
the board, elect Option A with respect to the member's new spouse. The joint and
survivor benefit shall be determined as of the date of the election.
(4) The amount of any optional retirement benefit set forth in this subsection shall be the
actuarial equivalent of the amount of the benefit that would otherwise be payable to the
member under subsection (b) <del>or (c)</del> of this Code section based upon the interest rate and
mortality basis approved from time to time by the board, the age of the member, and, if
applicable, the age of his spouse as of the date benefits are to commence or as of the date
benefits would have commenced if the member had retired after first becoming eligible
for full benefits, whichever is earlier, but the optional benefits available under Option A
shall be calculated without regard to the provisions of paragraph (3) of this subsection.
(e)(1) Any eligible member who retires after July 1, 1984, shall be entitled to an increase
in the maximum monthly retirement benefit in effect at the time of his or her retirement
under this Code section equal to 1 percent of the monthly retirement benefit for which the
member would have been otherwise eligible for each full year of creditable service while
a member of the fund <del>as a firefighter or volunteer firefighter</del> in excess of 25 years of
creditable service.
(2) Any eligible member who retires after July 1, 2002, shall be entitled to an increase
in the maximum monthly retirement benefit in effect at the time of his or her retirement
under this Code section equal to 2 percent of the monthly retirement benefit for which the
member would have been otherwise eligible for each full year of creditable service while
a member of the fund <del>as a firefighter or volunteer firefighter</del> in excess of 25 years of
creditable service. Such increase shall be the total increase allowed by this subsection.
(f) Any eligible member who would be entitled to the commencement of retirement
benefits upon reaching age 55 under subsection (b) or (c) of this Code section may elect
to <del>retire</del> <ins>receive such benefit</ins> after reaching the age of 50 but before reaching the age of 55,
<del>and immediately commence the drawing of retirement benefits</del> and in <del>that</del> <ins>such</ins> event the
member shall be eligible <del>immediately upon retirement</del> for a reduced monthly pension
benefit in an amount determined by multiplying the benefit for which the member would
have been otherwise entitled under subsections (b), <del>(c),</del> and (e) of this Code section had the
member delayed retirement or the commencement of benefits until the member reached age
55, such benefit to be determined as of the date of the member's actual retirement or first
receipt of the monthly retirement benefit by the factor set forth below:
If the Member's Age At Retirement The Early Retirement
(determined by the member's age at the Factor Is:
member's immediately preceding
birthday) Is:
50 .70
51 .76
52 .82
53 .88
54 .94
The option available under this subsection may also be exercised by a surviving spouse
who is the beneficiary of an Option A election with respect to the benefits payable to the
spouse in the event the member dies prior to receiving any benefits and would have been
able to exercise the option available under this subsection."
SECTION 2.
Said article is further amended in Code Section 47-7-101, relating to eligibility for retirement
benefits, withdrawal of application for benefits before approval, and reemployment, by
revising subsection (b) as follows:
"(b) Any person who again becomes a paid employee of a fire department or of a volunteer
fire department after having been placed on retirement or disability under Code Section
47-7-100 or 47-7-102 shall immediately notify the executive director of such
reemployment. <ins>Except as provided in paragraph (1) of subsection (b) of Code Section
47-7-100, retirement</ins> <del>Retirement</del> benefits being paid to such person shall be suspended as
of the date of such reemployment and shall remain suspended until such reemployment
terminates at which time the payment of retirement benefits shall be resumed in the amount
to which the person was eligible at the time of reemployment. <ins>A retired member who has
retired under paragraph (2) or (3) of subsection (b) of Code Section 47-7-100, may choose
to pay monthly dues and earn creditable service during the period of reemployment.
</ins> Disability benefits being paid to any such person shall be terminated as of the date of such
reemployment. <del>Within six months of the commencement of reemployment, any such
person who at the time of application otherwise meets the requirements for membership
may, by application in the manner provided by this chapter, become a member of the fund.
In the event the application is granted, such member, upon meeting the requirements
provided by law, shall be entitled to all benefits provided for in Code Section 47-7-100, but
the amount of monthly retirement or disability benefits payable to such member shall not
exceed the amount of the monthly benefit which would be payable to such member had
</del>
<del>such subsequent retirement become effective at the time of the member's prior retirement,
unless after such reemployment the member shall have acquired not less than seven years'
creditable service as a member of the fund."
</del> SECTION 3.
Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia
Judicial Retirement System, is amended by adding a new Code section to read as follows:
<ins>"47-23-51.
(a) On and after July 1, 2026, each individual employed full time as a judge in the Georgia
Tax Court established by Article VI, Section I, Paragraph I of the Georgia Constitution
shall become a member of this retirement system.
(b) Each individual who becomes a member of this retirement system pursuant to this
Code section shall be eligible to transfer his or her creditable service from the Employees'
Retirement System of Georgia to this retirement system, provided that he or she notifies
the board of such election within one year of obtaining such membership and pays to the
retirement system the remaining amount necessary to pay for the full actuarial cost to the
retirement system associated with his or her transfer of service. Upon such election and
payment, the Employees' Retirement System of Georgia shall transfer to this retirement
system all employer and employee contributions paid by or on behalf of him or her together
with regular interest thereon, and he or she shall receive service in this retirement system
toward vesting only in the full amount of the service he or she rendered as an employee
while he or she was a member of the Employees' Retirement System of Georgia and for
which credit was allowable in such system.
(c) An individual who becomes a member of this retirement system pursuant to this Code
section shall be subject to all provisions of this chapter applicable to solicitors-general of
the state courts, except as otherwise specifically provided by this chapter. For the purposes
of this retirement system, for each such member, his or her earnable monthly compensation
</ins>
<ins>shall be the full rate of regular monthly compensation paid from state funds to such
member employee for his or her full working time.
(d) All other individuals employed by the Georgia Tax Court established pursuant to
Article VI, Section I, Paragraph I of the Georgia Constitution shall be treated in accordance
with the provisions of Code Section 47-2-70.1 for new state agencies."
</ins> SECTION 4.
Said chapter is further amended in subsection (a) of Code Section 47-23-100, relating to
salary defined, by striking "and" at the end of paragraph (5), replacing the period with "; and"
at the end of paragraph (6), and adding a new paragraph to read as follows:
<ins>"(7) For any person who is a member of the retirement system pursuant to Code
Section 47-23-51, his or her average earnable monthly compensation."
</ins> SECTION 5.
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 6.
All laws and parts of laws in conflict with this Act are repealed.