Senate Bill 285
By: Senator Robertson of the 29th
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 33-8-8.3 of the Official Code of Georgia Annotated, relating to the
funding of services, or reduction of ad valorem taxes, in unincorporated areas of counties and
powers and duties of governing authority, so as to require counties and municipal
corporations to remit a portion of premium taxes to the Peace Officers' Annuity and Benefit
Fund; to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating
to the Peace Officers' Annuity and Benefit Fund, so as to provide for certain premium taxes
to be paid to the fund; to provide the board with the authority to increase the monthly benefit
multiplier; to provide for limitations and restrictions; to provide for legislative intent to
appropriate certain funds; to provide for a definition; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 33-8-8.3 of the Official Code of Georgia Annotated, relating to the funding of
services, or reduction of ad valorem taxes, in unincorporated areas of counties and powers
and duties of governing authority, is amended as follows:
"33-8-8.3.
(a) <del>The</del> <ins>Except as provided in subsection (c) of this Code section, the</ins> proceeds from the
county taxes levied for county purposes, as provided by this chapter, shall be separated
from other county funds and shall be used by the county governing authorities solely for
the purpose of either:
(1) Funding the provision of the following services to inhabitants of the unincorporated
areas of such counties directly or by intergovernmental contract as authorized by Article
IX, Section III, Paragraph I of the Constitution of the State of Georgia:
(A) Police protection, except such protection provided by the county sheriff;
(B) Fire protection;
(C) Curbside or on-site residential or commercial garbage and solid waste collection;
(D) Curbs, sidewalks, and street lights;
(E) Flood risk reduction, which, for purposes of this paragraph, <del>such term</del> shall mean
policies adopted or projects implemented by a county to reduce the risks from flood
events to residents of or property located in unincorporated areas of such county that
are prone to experiencing floods. Such policies or projects may include but are not
limited to the creation of flood risk management strategies and plans, installation of
storm-water management infrastructure, and acquisition of high-risk properties; and
(F) Such other services as may be provided by the county governing authority for the
primary benefit of the inhabitants of the unincorporated area of the county; or
(2) Reducing ad valorem taxes of the inhabitants of the unincorporated areas of those
counties in which the governing authority of a county does not provide any of the
services enumerated in paragraph (1) of this subsection to inhabitants of the
unincorporated areas. In fixing the ad valorem tax millage rate for the year, the
governing authorities of such counties shall be authorized and directed to reduce such ad
valorem tax millage rate on taxable property within the unincorporated areas of such
counties to offset any of the proceeds derived from any tax provided for in this chapter
which cannot be expended pursuant to paragraph (1) of this subsection.
(b) In the adoption of the budget utilizing any of the funds derived from the tax imposed
by Code Sections 33-8-8.1 and 33-8-8.2, the governing authority of a county shall specify
in such budget the amount of such funds expended as authorized by paragraph (1) of
subsection (a) of this Code section or used to reduce ad valorem taxes as provided in
paragraph (2) of subsection (a) of this Code section. Said budget shall also specify the
amount of any other funds expended for such purpose or purposes as are authorized to be
expended for services referred to in paragraph (1) of subsection (a) of this Code section.
Such provisions shall be spread on the minutes of the meeting at which such budget is
adopted.
<ins>(c) On or before October 30 of each year, each county and municipal corporation shall
remit 1.5 percent of all funds distributed to them pursuant to subsection (g) of Code
Section 33-8-8.1 and subsection (b) of Code Section 33-8-8.2 to the Peace Officers'
Annuity and Benefit Fund established in Chapter 17 of Title 47."
</ins> SECTION 2.
Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace
Officers' Annuity and Benefit Fund, is amended in Article 4, relating to revenues collected
from fines and fees, by adding a new Code section to read as follows:
<ins>"47-17-64.
The fund shall receive all moneys remitted to it pursuant to subsection (c) of Code
Section 33-8-8.3. Such moneys shall be used for the sole purpose of supporting the
benefits paid to members of the Peace Officers' Annuity and Benefit Fund and such funds
shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) of the
Constitution of Georgia. Additionally, it is the intention of the General Assembly, subject
to the appropriations process, that an amount equal to one-half of 1 percent of state
</ins>
<ins>insurance premium taxes collected annually and remitted to the department pursuant to
Code Section 33-8-4 be appropriated each year to the Peace Officers' Annuity and Benefit
Fund."
</ins> SECTION 3.
Said chapter is further amended in Code Section 47-17-80, relating to retirement benefit
payment options, payment to surviving spouse, reemployment, changes in retirement
benefits, and death of member, by revising subsection (b) as follows:
"(b)(1) Option One shall consist of a single life annuity payable in monthly payments for
the life of the member only. The monthly payment under this option shall be an amount
equal to $30.00 per month for each full year of creditable service and in the event the
member shall have additional service credit not totaling a full year, the further sum of
one-twelfth of the amount paid per month for each additional year of service credit shall
be paid for each month of additional service credit, provided that the member either has
at least ten years of membership service, or 15 years of membership service for
individuals who became members on or after July 1, 2010, and is at least 55 years of age
or has at least 30 years of creditable service, regardless of age. Such monthly benefit
payment shall be paid on each full year and additional full months of creditable service
up to a maximum of 30 years of total service.
<ins>(2)(A) As used in this paragraph, the term 'funded ratio' means the actuarial value of
plan assets divided by the actuarial accrued liability of such plan as of the most recent
actuarial valuation approved by the board.
(B) On and after July 1, 2027, the board is authorized to increase the benefit multiplier
in paragraph (1) of this subsection from $30.00 per month up to $35.00 per month,
provided that any increase in the benefit multiplier is for an amount not less than $1.00
and that any such increase does not lower the funded ratio of the system below 90
percent, based on the recommendation of the actuary of the board."
</ins>
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.