--- title: SB 261. Magistrates Retirement Fund; early retirement benefit; provide collection: bills id: 2025-2026/sb261 cite_as: SB 261, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb261 md_url: https://georgiacommons.org/bills/2025-2026/sb261.md text_url: https://georgiacommons.org/bills/2025-2026/sb261/text source_url: https://www.legis.ga.gov/legislation/70890 date: 2026-05-11 status: passed corpus_version: bills-2026-09-13 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb260.md next: https://georgiacommons.org/bills/2025-2026/sb262.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 1234 omitted_url: https://georgiacommons.org/bills/2025-2026/sb261.md?full=1 bill_number: SB 261 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2026-05-11 last_action: Effective Date 2026-07-01 sponsors: - Marty Harbin - Brian Strickland - Steve Gooch - Billy Hickman - Ricky Williams - Lee Anderson - John Carson text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/SB261/2025 upstream_id: 1985935 summaries_model: claude-sonnet-5 topic_tags: - public pensions - magistrate courts - retirement benefits - state employee benefits --- # SB 261. Magistrates Retirement Fund; early retirement benefit; provide ## Text Senate Bill 261 By: Senators Harbin of the 16th, Strickland of the 42nd, Gooch of the 51st, Hickman of the 4th, Williams of the 25th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Chapter 25 of Title 47 of the Official Code of Georgia Annotated, relating to the magistrates retirement fund, so as to change the makeup of the Board of Commissioners of the Magistrates Retirement Fund of Georgia; to provide for an employee contribution increase; to increase the maximum number of years of service used to calculate a benefit; 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 25 of Title 47 of the Official Code of Georgia Annotated, relating to the magistrates retirement fund, is amended by revising Code Section 47-25-20, relating to Board of Commissioners created, members, and term of office, as follows: "47-25-20. (a) There is created the Board of Commissioners of the Magistrates Retirement Fund of Georgia. (1) Prior to July 1, 2026, the The board shall consist of seven members as follows: (1)(A) The Governor or the Governor's designee; (2)(B) An appointee of the Governor who is not the Attorney General; and (3)(C) Five chief magistrates who are members of the fund. (2) On and after July 1, 2026, the board shall consist of seven members as follows: (A) The Governor or the Governor's designee; (B) An appointee of the Governor who is not the Attorney General; (C) Four chief magistrates who are members of the fund; and (D) One retired chief magistrate who is a member of the fund. (b) The members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor. The first such members shall be appointed by the Governor to take office on July 1, 2006, for initial terms as follows: one such member shall be appointed for one year; two such members shall be appointed for terms of two years; and two such members shall be appointed for terms of three years. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years. All such members shall serve until their successors are appointed and qualified. Such members shall be eligible for reappointment to successive terms of office as members of the board. (c) The board shall elect a chairperson from among its own membership to serve for a term as established by rules of the board. Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall serve without compensation but may be reimbursed for travel and other expenses incurred by them in carrying out their duties as members of the board. (d) In the event of a vacancy in the membership of the board, the remaining members of the board shall appoint a chief magistrate who is a member of the fund to fill such vacancy for the unexpired term. (e) The Council of Magistrate Court Judges shall be authorized to submit the names of nominees for each position on the board appointed by the Governor pursuant to this Code section. The Governor may consider such nominees in making such appointments, but it is specifically provided that all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to make any appointments from nominees made by the Council of Magistrate Court Judges." SECTION 2. Said chapter is further amended by revising Code Section 47-25-41, relating to member dues, as follows: "47-25-41. Each member shall pay into the fund as dues a sum equal to 3.42 4.0 percent of the member's maximum average final monthly compensation established by subsection (a) of Code Section 47-25-81 per month. Each month's dues shall be paid not later than the tenth day of that month." SECTION 3. Said chapter is further amended by revising Code Section 47-25-81, relating to the amount of benefits, as follows: "47-25-81. (a) Any member who is approved for retirement benefits as provided in Code Section 47-25-80 shall be paid a monthly sum equal to 4 5 percent of his or her average final monthly compensation for each year served by the member up to, but not exceeding, a total of 20 28 years; provided, however, that the final annual compensation used for calculating a benefit under this Code section shall not exceed $42,781.22 or the amount fixed in the following schedule according to county population, whichever amount is higher: Maximum Average Final Population Monthly Compensation 500,000 or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,247.87 400,000 - 499,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,975.70 300,000 - 399,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,703.53 250,000 - 299,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,072.65 200,000 - 249,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,594.17 150,000 - 199,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,132.49 100,000 - 149,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,797.70 75,000 - 99,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,490.76 50,000 - 74,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,183.47 39,000 - 49,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,732.53 29,000 - 38,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,512.80 20,000 - 28,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,293.34 11,890 - 19,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,073.88 6,000 - 11,889 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,713.53 0 - 5,999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,975.98 (b) The board of commissioners is authorized to adopt from time to time a method or methods of providing for increases in the maximum final monthly compensation used for calculating a benefit as provided in this Code section. Such method or methods shall be based upon: (1) The recommendation of the actuary of the board of commissioners; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant; provided, however, that any such increase shall be uniform and shall apply equally to all members of this retirement system. (c) No time for which dues have not been paid in accordance with Code Section 47-25-41 shall be considered in determining the number of years of service." SECTION 4. 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 5. All laws and parts of laws in conflict with this Act are repealed. ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. 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. ### Plain-language summary 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 it 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. ## Status - Status: Passed (2026-05-11) - Last action: Effective Date 2026-07-01 (2026-05-11) - Sponsors: Marty Harbin, Brian Strickland, Steve Gooch, Billy Hickman, Ricky Williams, Lee Anderson, John Carson - Official page: https://www.legis.ga.gov/legislation/70890 > The history, votes, and amendments (1,234 characters) are at https://georgiacommons.org/bills/2025-2026/sb261.md?full=1