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Senate · Passed · 2025-2026 Regular Session

SB 261: Magistrates Retirement Fund; early retirement benefit; provide

Last action July 1, 2026 · Effective Date

A Georgia Senate bill would change how the Magistrates Retirement Fund of Georgia works, raising member dues, allowing benefits to be calculated on up to 28 years of service instead of 20, and adding a retired magistrate to the fund's governing board.

Read the full bill text

These buttons carry the bill's own text, not the summaries below. Copy for LLM, View as markdown, and Send to AI use the Markdown version: the text as filed, then the summaries under a heading that names them as ours. View raw is the text alone.

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

The Magistrates Retirement Fund of Georgia is a pension system for chief magistrates around the state, run by a Board of Commissioners. This bill changes three things about it. First, starting July 1, 2026, the board's makeup shifts from five sitting chief magistrates to four sitting chief magistrates plus one retired chief magistrate, alongside the Governor or a designee and a Governor appointee. Second, it raises the monthly dues magistrates pay into the fund from 3.42 percent to 4.0 percent of their capped average final monthly compensation. Third, it increases the benefit rate from 4 percent to 5 percent of average final monthly compensation per year of service, and raises the cap on how many years of service count toward that benefit from 20 to 28 years. The changes only take effect July 1, 2026, and only if state actuaries certify the fund is "concurrently funded" under Georgia's Public Retirement Systems Standards Law; otherwise the entire Act is automatically repealed that same date.

What the bill does

  • Changes the Board of Commissioners of the Magistrates Retirement Fund, effective July 1, 2026, from five sitting chief magistrates to four sitting chief magistrates plus one retired chief magistrate member.
  • Raises the monthly dues magistrates must pay into the retirement fund from 3.42 percent to 4.0 percent of their capped average final monthly compensation.
  • Increases the retirement benefit rate from 4 percent to 5 percent of average final monthly compensation for each year of service.
  • Raises the maximum number of years of service that count toward a retirement benefit from 20 years to 28 years.
  • Makes the entire Act effective July 1, 2026 only if the fund is certified as concurrently funded under Georgia's Public Retirement Systems Standards Law (O.C.G.A. Chapter 20 of Title 47), and automatically repeals it otherwise.

Who it affects

Chief magistrates across Georgia who are members of the Magistrates Retirement Fund, both active and retired, as well as the Governor's office and the Council of Magistrate Court Judges, which help select and nominate board members that oversee the fund's operation.

Why it matters

Magistrates who pay into the fund would pay more each month, but could earn a larger pension by counting more years of service and getting a higher percentage per year, which could mean bigger retirement checks. The board overseeing the fund would also include a retired magistrate's perspective for the first time.

Key provisions

  • Section 1 revises O.C.G.A. § 47-25-20 so that on and after July 1, 2026, the board shifts from five sitting chief magistrates to four sitting chief magistrates and one retired chief magistrate member.
  • Section 2 revises O.C.G.A. § 47-25-41, raising monthly member dues from 3.42 percent to 4.0 percent of the capped average final monthly compensation.
  • Section 3 revises O.C.G.A. § 47-25-81, raising the per-year benefit rate from 4 percent to 5 percent and raising the maximum years counted from 20 to 28.
  • Section 4 ties the whole Act's effective date to certification that the fund is concurrently funded under the Public Retirement Systems Standards Law, with automatic repeal on July 1, 2026 if not certified.
  • Section 5 repeals any conflicting laws.

Discussed in meetings (18)

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.

  1. Senate Retirement Committee, February 3, 2026

    From 0:51:59 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor presented a substitute that would raise magistrate retirement contributions from 3.42% to 4%, subject to a salary cap, and offer retirement at age 55 with a 3% benefit reduction. The sponsor also described changes to the benefit multiplier and compensation provisions without giving further details. The executive director of Retirement Funds of Georgia said the changes would provide flexibility as members age and would be paid for within the fund's existing structure, without state dollars. The director said the fund was more than 100% funded. The director explained that the substitute also would allow a retired member to serve on the board, which currently requires five active judges. The chair said the Department of Audits and Accounts report showed zero financial impact. No committee members asked questions, and the committee approved the substitute unanimously.

  2. Senate Rules Committee, February 9, 2026

    From 0:06:41 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said the bill would change the magistrates' retirement fund board, increase membership dues, change the benefit multiplier, and allow earlier retirement. After initially mentioning age 65, the sponsor clarified in response to a member's questions that the bill would allow retirement at 55 rather than 60, with a 3% benefit reduction for each year before 60. The sponsor said retiring five years early would mean a 15% reduction. The sponsor also said the bill would use no state funds and had actuarial certification supporting the plan's financial stability. No vote was shown.

  3. Senate Rules Committee, February 12, 2026

    From 0:06:39 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said SB 261 would let magistrate judges put away more retirement money at their own discretion and would not cost Georgia taxpayers anything. No substantive questions or vote followed.

  4. Senate Rules Committee, February 19, 2026

    From 0:09:41 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said SB 261 would change the magistrates' retirement board membership and allow magistrates to contribute more to their own retirement plan. The sponsor said the changes would cost taxpayers nothing. No vote followed.

  5. Senate Rules Committee, February 24, 2026

    From 0:08:06 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said the magistrates' retirement bill would expand the fund's board and allow greater contributions without requiring state funds. No substantive questions or vote followed.

  6. Senate Rules Committee, February 25, 2026

    From 0:22:30 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said the magistrates' retirement bill would change the fund's board and allow members to contribute more, without using state tax dollars. When a committee member asked about the fund's financial position, the sponsor confirmed that it was funded at 150%. Asked about the board change, the sponsor repeated that the bill would change the board and permit additional contributions, and said a fiscal note showed no effect on investment. The bill was not selected for the floor calendar.

  7. Senate Rules Committee, March 3, 2026

    From 0:11:42 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor discussed SB 261 as a magistrates’ retirement measure and answered a question raised at an earlier meeting about cost-of-living adjustments. The sponsor said the plan was 150% funded and that such adjustments required board approval and actuarial certification. Members later selected the bill for the calendar as part of the approved slate.

  8. Senate floor session, March 4, 2026 (legislative day 27)

    From 5:51:19 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)

    Summary by Georgia Commons: The sponsor said SB 261 would change the magistrates’ retirement fund board, increase member dues and allow retirement at age 55 with a 3% benefit reduction for each year before the normal retirement age of 60. The sponsor said the fund was 150% funded, received no state appropriations and sought neither state money nor increased fees. The clerk described a committee substitute that also addressed the compensation amount used to calculate benefits. No questions or opposing speeches followed. The Senate adopted the substitute and passed it 53-1.

  9. House Retirement Committee, March 24, 2026

    From 1:17:48 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: A Magistrates Retirement Fund representative presented the bill in the sponsor’s absence. The representative said the fund had about 200 members, approximately $56 million in assets and funding above 150% of its obligations. The representative said the proposal required no state appropriation or increased added fees and had support from the fund’s board and the Council of Magistrate Court Judges of Georgia. Proposed changes included adding a retired member to the board, raising member contributions from 3.42% to 4% of salary or the salary cap, increasing the benefit multiplier from 4% to 5%, and increasing the maximum credited service from 20 to 28 years. The representative said members supported the contribution increase and agreed to remove the early-retirement option. The chair said the longer service limit would benefit members who wanted to continue working beyond 20 years. Citing the financial review, the chair put current funding near 147% and said the existing proposal would leave it near 125% to 126%. The chair said a planned substitute would cost less, with updated financial information expected the next day. No substitute was adopted and no vote was taken.

  10. House Retirement Committee, March 30, 2026

    From 0:41:25 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The presenter described a substitute changing the fund’s board from five active chief magistrates to four active chief magistrates and one retiree, raising membership dues from 3.42 to 4, increasing the annual benefit multiplier from 4% to 5%, and extending benefit-earning service from 20 to 28 years. The presenter said the fund had 200 members and $55 million, sought no state money or fee increase, and had certification that existing funds could support the changes. A witness representing the fund’s board said its existing $3 charge on civil filings financed the plan. The witness said the changes would let long-serving judges continue earning benefits and bring the accrual rate closer to probate judges’ benefits. A member questioned whether benefits could exceed working salaries. The witness explained that calculations use a salary chart from 20 years ago, making that unlikely; the member suggested updating the chart. The chair cited funding ratios of 147% before the substitute and 128% afterward. The committee approved the substitute unanimously, including members participating remotely.

  11. House floor session, March 31, 2026 (legislative day 39, part 3)

    From 0:55:08 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 4143

    Summary by Georgia Commons: The sponsor said the committee substitute removes the Senate version’s early-retirement language and changes magistrate judges’ pensions. The sponsor said monthly member contributions would rise from 3.4% to 4% of salary, the benefit multiplier would rise from 4% to 5%, and the service cap would increase from 20 to 28 years. According to the sponsor, the plan’s funded level would fall from 148% to about 128.5%, without new tax revenue. The sponsor cited support from the Council of Magistrate Court Judges and the retirement fund. There were no questions. The House adopted the substitute and passed the bill, 167 to 0.

  12. House Rules Committee, March 31, 2026

    From 0:24:18 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 4136

    Summary by Georgia Commons: The sponsor said the substitute would change the formula for calculating magistrate judges’ retirement allowances and allow members to contribute more, without requiring state money or additional funding. A committee member asked whether magistrates and the pension fund endorsed the bill, and the sponsor confirmed that they did. The member also asked about the fund’s funding level before and after the change. The sponsor said they believed it was 140% before and 126% afterward. Later, the committee placed the bill on the second supplemental calendar with no opposition voiced.

  13. Senate floor session, April 2, 2026 (legislative day 40, part 1)

    From 7:53:28 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Agreed House Amend or Sub)

    Summary by Georgia Commons: The sponsor said SB 261 would change the Magistrates Retirement Fund's board composition from four magistrates to five, increase participant contributions from 3.4% to 4%, offer early retirement at 55 with a 3% reduction and change a benefit multiplier from 4% to 5%. The sponsor said the fund required no state money and was funded by magistrate judges. The sponsor reported funding levels of 140% before the changes and 128% afterward, describing both as fully funded. No questions or opposition followed. The Senate accepted the House substitute 53 to 0.

Status timeline

  1. 2026-07-01Effective Date
  2. 2026-05-11Act 490
  3. 2026-05-11Senate Date Signed by Governor (Senate)
  4. 2026-04-10Senate Sent to Governor (Senate)
  5. 2026-04-02Senate Agreed House Amend or Sub (Senate)
  6. 2026-03-31House Passed/Adopted By Substitute (House)
  7. 2026-03-31House Third Readers (House)
  8. 2026-03-31House Committee Favorably Reported By Substitute (House)
Show full history (16 actions)
  1. 2026-03-09House Second Readers (House)
  2. 2026-03-06House First Readers (House)
  3. 2026-03-04Senate Passed/Adopted By Substitute (Senate)
  4. 2026-03-04Senate Third Read (Senate)
  5. 2026-02-05Senate Read Second Time (Senate)
  6. 2026-02-04Senate Committee Favorably Reported By Substitute (Senate)
  7. 2025-02-27Senate Read and Referred (Senate)
  8. 2025-02-26Senate Hopper (Senate)

Sponsors

  • Marty Harbin (R, SD-16)Primary sponsor
  • Brian Strickland (R, SD-42)
  • Steve Gooch (R, SD-51)
  • Billy Hickman (R, SD-4)
  • Rick Williams (R, SD-25)
  • Lee Anderson (R, SD-24)
  • John Carson (R, HD-46)

Votes

  1. PassedSenate voteMarch 4, 2026

    53 yea, 1 nay (0 not voting, 1 excused)

    PASSAGE BY SUBSTITUTE: Senate Vote #634

  2. PassedHouse voteMarch 31, 2026

    167 yea, 0 nay (3 not voting, 6 excused)

    PASSAGE: House Vote #824

  3. PassedSenate voteApril 2, 2026

    53 yea, 0 nay (0 not voting, 1 excused)

    AGREE TO HOUSE SUBSTITUTE: Senate Vote #956

Topics

  • public pensions
  • magistrate courts
  • retirement benefits
  • state employee benefits

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SB261: Magistrates Retirement Fund; early retirement benefit; provide | Georgia Commons