Senate Bill 216
By: Senators Robertson of the 29th, Tillery of the 19th, Strickland of the 42nd, Burns of the
23rd, Setzler of the 37th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
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
individuals employed as the director of the Prosecuting Attorneys Qualifications
Commission; to provide for an election for such current employees; to provide for transfer
of funds; to provide for payment of actuarial costs; to provide for transfer of membership
service; to provide for earnable monthly compensation for purposes of contributions and
benefit amounts; to provide for applicability; 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.
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>"47-23-43.2.
(a) On and after July 1, 2026, each individual employed pursuant to subparagraph
(c)(2)(C) of Code Section 15-18-32 shall become a member of this retirement system;
</ins>
<ins>provided, however, that each individual so employed as of June 30, 2026, who is not
already a member of this retirement system, shall remain a member of the Employees'
Retirement System of Georgia unless he or she elects to become a member of this
retirement system on or before June 30, 2027, notifies the board of such election, 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, such an individual shall become a member of this retirement system, 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.
(b) The provisions of this Code section shall only apply to or affect individuals who are
employed on or after July 1, 2026, pursuant to subparagraph (c)(2)(C) of Code Section
15-18-32. Members of this retirement system who are so employed 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 shall be the full rate of
regular monthly compensation paid from state funds to such member employee for his or
her full working time."
</ins> SECTION 2.
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 member who is a member of the retirement system for whom the provisions
of Code Section 47-23-43.2 are applicable, his or her average earnable monthly
compensation."
</ins> SECTION 3.
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 4.
All laws and parts of laws in conflict with this Act are repealed.