Georgia Commons

Senate · Passed · 2025-2026 Regular Session

SB 216: Georgia Judicial Retirement System; membership in the system for individuals employed as the director of the Prosecuting Attorneys Qualifications Commission; provide

Last action May 11, 2026 · Effective Date 2026-07-01

Senate Bill 216 would let the director of Georgia's Prosecuting Attorneys Qualifications Commission join the Georgia Judicial Retirement System instead of the state employee retirement plan, starting July 1, 2026.

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In plain language

Currently the director of the Prosecuting Attorneys Qualifications Commission, a state agency that investigates complaints against prosecutors, is a member of the Employees' Retirement System of Georgia like most state workers. This bill would move that position into the Georgia Judicial Retirement System (O.C.G.A. Chapter 23 of Title 47), the pension system used by judges and solicitors-general. Anyone already holding the director job as of June 30, 2026 could choose to stay in the old system or switch to the new one by June 30, 2027, but switching requires paying the full actuarial cost of transferring their service credit. The bill also defines how the director's pay would count toward retirement contributions and benefits. The change only takes effect if state actuaries certify it is funded under Georgia's Public Retirement Systems Standards Law; otherwise the whole act is automatically repealed on July 1, 2026.

What the bill does

  • Creates a new Code section (47-23-43.2) making the director of the Prosecuting Attorneys Qualifications Commission a member of the Georgia Judicial Retirement System starting July 1, 2026.
  • Lets a current director who is already in the Employees' Retirement System of Georgia choose to switch to the judicial system by June 30, 2027, instead of being switched automatically.
  • Requires anyone switching systems to pay the full actuarial cost of transferring their prior service credit, with funds moved between the two retirement systems.
  • Applies the judicial retirement system's existing rules for solicitors-general to the director position, and sets how the director's monthly pay counts for contributions and benefits.
  • Amends O.C.G.A. § 47-23-100 to add the director's average earnable monthly compensation as a form of salary counted under the retirement system.
  • Makes the whole act conditional: it only takes effect if state actuaries confirm it is funded, otherwise it is automatically repealed on July 1, 2026.

Who it affects

This bill directly affects the director of the Prosecuting Attorneys Qualifications Commission, both current and future holders of that position, and the two state pension systems involved: the Employees' Retirement System of Georgia and the Georgia Judicial Retirement System.

Why it matters

For the person serving as the commission's director, this could mean a different retirement plan with different benefit calculations than most state employees receive. The funding condition means the change may never take effect if it is not certified as actuarially sound.

Key provisions

  • Section 1 adds Code Section 47-23-43.2, making the director position a member of the Georgia Judicial Retirement System on and after July 1, 2026.
  • Section 1 lets a director employed as of June 30, 2026 keep their current retirement plan unless they elect to switch by June 30, 2027 and pay the full actuarial transfer cost.
  • Section 1 states that upon transfer, service credit only counts toward vesting for time actually worked and creditable in the prior system.
  • Section 2 amends O.C.G.A. § 47-23-100 to add average earnable monthly compensation as a defined form of salary for this member category.
  • Section 3 makes the act effective July 1, 2026 only if certified as funded under the Public Retirement Systems Standards Law, otherwise it is automatically repealed that same date.

From the bill

each individual employed pursuant to subparagraph (c)(2)(C) of Code Section 15-18-32 shall become a member of this retirement system

The core rule making the commission director a member of the judicial retirement system.

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

Explains how prior service credit carries over if the director switches retirement systems.

Status timeline

  1. 2026-05-11Effective Date 2026-07-01
  2. 2026-05-11Act 488
  3. 2026-05-11Senate Date Signed by Governor (Senate)
  4. 2026-04-10Senate Sent to Governor (Senate)
  5. 2026-03-19House Passed/Adopted (House)
  6. 2026-03-19House Third Readers (House)
  7. 2026-03-18House Committee Favorably Reported (House)
  8. 2026-03-09House Second Readers (House)
Show full history (15 actions)
  1. 2026-03-06House First Readers (House)
  2. 2026-03-04Senate Passed/Adopted (Senate)
  3. 2026-03-04Senate Third Read (Senate)
  4. 2026-02-26Senate Read Second Time (Senate)
  5. 2026-02-25Senate Committee Favorably Reported (Senate)
  6. 2025-02-20Senate Read and Referred (Senate)
  7. 2025-02-19Senate Hopper (Senate)

Sponsors

  • Randy Robertson (R, SD-029)Primary sponsor
  • Blake Tillery (R, SD-019)
  • Brian Strickland (R, SD-042)
  • Max Burns (R, SD-023)
  • Ed Setzler (R, SD-037)
  • Billy Hickman (R, SD-004)
  • Kay Kirkpatrick (R, SD-032)
  • Chuck Payne (R, SD-054)
  • Marty Harbin (R, SD-016)
  • Russ Goodman (R, SD-008)
  • Shawn Still (R, SD-048)
  • Joseph Gullett (R, HD-019)

Votes

  1. PassedSenate voteMarch 4, 2026

    49 yea, 2 nay (3 not voting, 1 absent)

    Passage: Senate Vote #631

  2. PassedHouse voteMarch 19, 2026

    165 yea, 0 nay (5 not voting, 6 absent)

    Passage: House Vote #726

Topics

  • public employee pensions
  • prosecuting attorneys
  • state retirement systems
  • judicial branch employees

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SB216: Georgia Judicial Retirement System; membership in the system for individuals employed as the director of the Prosecuting Attorneys Qualifications Commission; provide | Georgia Commons