Senate Bill 489
By: Senators Goodman of the 8th, Watson of the 11th, Summers of the 13th, Dixon of the
45th, Hodges of the 3rd and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the
Judges of the Probate Courts Retirement Fund of Georgia, so as to allow the Board of
Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia to set
monthly dues; to provide for limitations on such authority; to provide for factors in such
determination; to increase the fee on marriage licenses; to increase the fee on civil filings;
to increase the fee on certain fines and bond forfeitures; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of
the Probate Courts Retirement Fund of Georgia, is amended in Code Section 47-11-22,
relating to powers and duties of the board, by adding a new subsection to read as follows:
<ins>"(d)(1) On and after July 1, 2026, each member shall pay monthly dues into the fund in
an amount to be determined annually by the board that shall be at least $105.00 but shall
not exceed $150.00. The requirement for the payment of monthly dues shall cease after
a member has paid such dues for a period of 30 years.
</ins>
<ins>(2) The amount of monthly dues established pursuant to this Code section shall apply
uniformly to all members.
(3) The board shall determine the amount of monthly dues based on:
(A) The recommendation of the actuary of the board;
(B) The maintenance of the actuarial soundness of the fund in accordance with the
minimum funding standards provided in Code Section 47-20-10 or such higher
standards as may be adopted by the board; and
(C) Such other factors as the board determines relevant."
</ins> SECTION 2.
Said chapter is further amended by revising Code Section 47-11-40, relating to eligibility to
participate, credit for service rendered, and requirements for judges to participate, as follows:
"47-11-40.
Before any person shall be eligible to participate in the fund, he or she <del>must</del> <ins>shall:
</ins> (1)(A) Be serving as secretary-treasurer or as an employee of the board; or
(B) Be a duly qualified and commissioned judge of the probate court of a county of the
State of Georgia. Any judge of a probate court or employee of the board who desires
to participate in the fund shall further comply with applicable provisions in
paragraphs (2) through <del>(9)</del> <ins>(7)</ins> of this Code section;
(2) In the case of judges of the probate courts or employees of the board, make
application to the board for membership in the fund on a form to be furnished by the
board for <del>that</del> <ins>such</ins> purpose, giving such information, together with verification and proof
thereof, as may be required by the board;
(3)(A) As to judges of the probate courts, make application to the board within a period
of 12 months after commencing such service as a judge of the probate court in order to
claim and receive credit for services rendered retroactive to the date of the
commencement of such service or forever be barred from claiming or receiving any
credit for any service rendered prior to the date the application is received in the office
of the secretary-treasurer.
(B) As to employees of the board, make application to the board within a period of 12
months after commencing such service as an employee of the board in order to claim
and receive credit for services rendered retroactive to the date of the commencement
of such service or forever be barred from claiming or receiving any credit for any
service rendered prior to the date the application is received in the office of the
secretary-treasurer; provided, however, that no employee of the board shall be credited
with any service to the board which occurred prior to January 1, 1990; and provided,
further, that any person serving as an employee of the board prior to July 1, 1992, shall
have until July 1, 1993, to make application with the board and to receive credit for
services rendered after January 1, 1990;
(4)(A) Any person who on July 1, 1994, has been eligible for membership in the fund
for at least 12 months immediately preceding that date and who has never joined the
fund may join or rejoin the fund by complying with all relevant provisions of this Code
section; provided, however, that such person <del>must</del> <ins>shall</ins> make application to the board
of commissioners not later than June 30, 1995, or forever be barred from receiving
credit toward retirement for any time served prior to the date any application for
membership is received in the office of the secretary-treasurer.
(B) Any person who becomes a member pursuant to subparagraph (A) of this
paragraph shall be entitled to obtain service credit for any period during which such
person was eligible for membership. Any person who is a member on July 1, 1994, and
who has failed to obtain service credit for any period of service as a probate judge may
receive service credit for such period for which service credit has not been awarded.
Such service credit may be obtained not later than June 30, 1995, by complying with
the provisions of paragraphs (5) and (6) of this Code section;
(5) As to judges of the probate courts or employees of the board, file with such
application a sworn statement setting out the length of time served as judge of the probate
court by the applicant since December 22, 1953, or as an employee of the board since
January 1, 1990, and such judge's net earnings for each month during such entire period,
which may be arrived at by deducting any and all sums spent for the operation of his or
her office if he or she is on a fee basis, but by the gross amount if he or she is on salary;
provided, however, that, if by either method the income of such judge of the probate court
or employee of the board for his or her service as such:
(A) Exceeds $12,000.00 per annum or an average of more than $1,000.00 per month
for any calendar year prior to 1979, such income shall be deemed to be not more than
$12,000.00 during such year and shall be adjusted to this figure;
(B) Exceeds $6,000.00 or an average of more than $1,000.00 per month for the
six-month period beginning January 1, 1979, and ending June 30, 1979, such income
shall be deemed to be not more than $6,000.00 during such six-month period and shall
be adjusted to this figure;
(C) Exceeds $7,500.00 or an average of more than $1,250.00 per month for the
six-month period beginning July 1, 1979, and ending December 31, 1979, such income
shall be deemed to be not more than $7,500.00 during such six-month period and shall
be adjusted to this figure;
(D) Exceeds $15,000.00 per annum or an average of more than $1,250.00 per month
for any calendar year after 1979, such income shall be deemed to be not more than
$15,000.00 during such year and shall be adjusted to this figure;
(E) Exceeds $20,000.00 per annum or an average of more than $1,666.66 per month
for any calendar year after 1990, such income shall be deemed to be not more than
$20,000.00 during such year and shall be adjusted to this figure;
(F) Exceeds $25,000.00 per annum or an average of more than $2,083.33 per month
for any calendar year after 1992, such income shall be deemed to be not more than
$25,000.00 during such year and shall be adjusted to this figure; or
(G) Exceeds $30,000.00 per annum or an average of more than $2,500.00 per month
for any calendar year after 1998, such income shall be deemed to be not more than
$30,000.00 during such year and shall be adjusted to this figure; provided, however,
that the board of commissioners is authorized to increase such amounts by not more
than 3 percent each year, provided that such increase is based upon:
(i) The recommendation of the actuary of the board of commissioners;
(ii) 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
(iii) Such other factors as the board deems relevant.
(6) As to judges of the probate courts or employees of the board, remit to the board with
his or her application <del>the sum of $105.00 per month as dues, together with interest at a
rate of 6 percent per annum from the end of the month in which such dues accrued;
</del> <ins>payment of one month's dues at the then prevailing rate for monthly dues set by the
board; and
</ins> (7) <del>As to judges of the probate courts or employees of the board, file with the board for
each month subsequent to admission as a member by the close of business of the
twentieth day of each month the sum certain of $105.00; provided, however, that the
requirement for such dues shall cease after the member has paid such dues for a period
of 30 years; and
(8)</del> As to judges of the probate courts or employees of the board, all applications for
membership, sworn statements of net earnings, remittances of dues, and all other
information, facts, or figures in connection with this Code section are subject to being
examined, audited, and approved by the board."
SECTION 3.
Said chapter is further amended in Code Section 47-11-50, relating to payment to fund of a
portion of fees collected in connection with marriage licenses, duty to record and report
collection, interest, delinquent payment, and penalties, by revising subsection (a) as follows:
"(a)(1) The judges of the probate courts shall withhold the following amounts and pay
the same to the board by the twentieth day of the month following the month in which
such fees were collected, irrespective of whether such collecting judge of the probate
court is now or may hereafter be compensated from fees collected or by a salary, or both:
(A) <del>Twenty</del> <ins>Twenty-five</ins> percent of all fees collected by any and all judges of the
probate courts for any service rendered as such in taking applications for marriage
licenses, issuing and recording such marriage licenses, and filing such applications and
marriage licenses with the Department of <del>Community</del> <ins>Public</ins> Health;
(B) <del>Two</del> <ins>Five</ins> dollars of each civil filing fee; and
(C) One dollar of the fee paid for each application for a license to carry a pistol or
revolver.
(2) It shall be the duty of each judge of the probate court to keep accurate records of all
such fees collected, and such records may be audited by the board at any time. The sums
remitted to the board under this Code section shall be used to provide adjustments of the
compensation of the several judges of the probate courts by making retirement benefits
available to such judges of the probate courts and to pay the costs of administration
incurred by the board."
SECTION 4.
Said chapter is further amended in Code Section 47-11-51, relating to payment to fund of a
portion of criminal and quasi-criminal fines and forfeited bonds, duty to record and report
collection, and penalties, by revising subsection (a) as follows:
"(a) In every criminal and quasi-criminal case for violating state statutes or traffic laws
which is before a judge of the probate court and in which case a fine is collected or a bond
is forfeited, <del>$3.00</del> <ins>$5.00</ins> shall be collected by the judge, clerk of court, or other collecting
authority. Such bond or fine shall be construed to include costs."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.