HB1020: HB1020 Judicial Retirement System; payment of monthly retirement benefits for creditable service as a district attorney at the age of 65 years; provide

26 HB 1020/AP House Bill 1020 (AS PASSED HOUSE AND SENATE) By: Representatives Reeves of the 99th, Efstration of the 104th, Gunter of the 8th, Kelley of the 16th, Smith of the 18th, and others A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 18 of Title 15 of the Official Co de of Georgia Annotated,1 relating to general provisions regarding prosecuting attorneys, so as to modify provisions2 regarding the compensation received by district attorneys; to provide procedures for district3 attorneys to opt to receive compensation pursuant to such revised provisions; to provide for4 grandfathering of certain district attorneys so as to not reduce the compensation paid to such5 district attorneys; to authorize locality pay by counties to district attorneys in lieu of county6 salary supplements; to abolish most county salary supplements provided to district attorneys;7 to authorize continuation of fringe benefits provided by counti es to district attorneys; to8 revise the minimum compensation of assistant district attorneys; to preserve existing rights9 and obligations related to retirement benefits provided by coun ties to district attorneys; to10 provide for retirement benefits relative to optional locality p ay; to amend Code Section11 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state12 officials and cost-of-living adjustments, so as to revise provisions relating to calculating and13 setting the salaries of district attorneys; to revise superseded provisions related to the salary14 of the judge of the state-wide tax court; to amend Chapter 3 of Title 1 of the Official Code15 of Georgia Annotated, relating to laws and statutes, so as to suspend the operation of local16 laws or local ordinances or resolutions that use a district attorney's salary for the calculation17 of the salary or compensation of other officers, officials, or employees; to provide for an18 H. B. 1020 - 1 - 26 HB 1020/AP automatic lifting of such suspension relative to judges; to pre serve the authority of the19 General Assembly to amend or repeal such suspended local laws; to preserve the authority20 of local governments to use other mechanisms to change salary c alculation during such21 suspension; to provide for legislative findings and intent; to provide for legislative22 construction; to amend Chapter 23 of Title 47 of the Official C ode of Georgia Annotated,23 relating to the Georgia Judicial Retirement System, so as to pr ovide for the payment of24 monthly retirement benefits for creditable service as a district attorney at the age of 65 years;25 to provide for calculation of benefits for individuals who firs t become members after the26 effective date of this Act; to provide for calculation of survi vors benefits; to provide for27 conforming changes; to provide a short title; to provide for an effective date; to provide for28 related matters; to repeal conflicting laws; and for other purposes.29 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:30 SECTION 1.31 This Act shall be known and may be cited as the "District Attorney Compensation Reform32 Act."33 SECTION 2.34 Article 1 of Chapter 18 of Title 15 of the Official Code of Geo rgia Annotated, relating to35 general provisions regarding prosecuting attorneys, is amended by revising Code Section36 15-18-10, relating to compensation of district attorneys and pr ivate practice of law37 prohibited, as follows:38 "15-18-10.39 (a) Except as provided for in subsection (b) of this Code sect ion, each Each district40 attorney shall receive an annual salary from state funds as prescribed by law. Such salary41 H. B. 1020 - 2 - 26 HB 1020/AP shall be paid as provided in Code Sections 15-18-10.1, 15-18-10 .2, a n d 15-18-19,42 and 45-7-4.43 (b)(1) Each district attorney in office on July 1, 2026, shall have the option to receive the44 annual salary provided by Code Section 45-7-4 and any locality pay provided by this45 Code section and Code Section 15-18-19 in lieu of his or her co mpensation which is46 otherwise provided by laws in effect on June 30, 2026. The opt ion provided by this47 paragraph shall be exercised by such district attorney's filing a written notification thereof48 with the Prosecuting Attorneys' Council of Georgia and the governing authority of each49 county comprising such district attorney's judicial circuit. A district attorney in office on50 July 1, 2026, shall not be require d or obligated to exercise th e option provided by this51 paragraph, but if and when any such district attorney voluntarily and expressly exercises52 such option, such district attorney's exercise of such option shall be final and irrevocable. 53 The failure to exercise the option shall be an election to continue to receive compensation54 as previously calculated by law in effect on June 30, 2026, and as outlined in55 paragraph (2) of this subsection, and until such option is exercised; provided, however,56 that such option must be exercised no later than January 1, 2030. The option exercised57 pursuant to this paragraph shall go into effect the next pay period beginning five business58 days following the exercise of such option.59 (2) To ensure that no district attorney in office on July 1, 2 026, has his or her salary,60 allowance, or county supplements decreased during his or her term of office, any district61 attorney in office on July 1, 2026, who does not exercise the irrevocable option provided62 by paragraph (1) of this subsec tion shall continue to be compen sated in precisely the63 same manner as he or she was compensated as of June 30, 2026, i ncluding, but not64 limited to, county supplements, in accordance with Article VI, Section VIII,65 Paragraph I (c) of the Constitution.66 H. B. 1020 - 3 - 26 HB 1020/AP (3) For the purpose of this Code section and Code Section 15-18-10.2, an interim district67 attorney serving on July 1, 2026, shall be treated in the same manner as an elected district68 attorney related to any options such district attorneys have as to their compensation.69 The county or counties comprising the judicial circuit may supp lement the salary of the70 district attorney in such amount as is or may be authorized by local Act or in such amount71 as may be determined by the governing authority of such county or counties, whichever is72 greater.73 (c) The clerk of court shall collect any such fees, fines, forfeitures, costs, and emoluments74 and remit the same to the county treasury by the fifteenth day of each month.75 (d) No district attorney receiving an annual salary under this Code section shall engage in76 the private practice of law."77 SECTION 3.78 Said article is further amended in Code Section 15-18-10.1, relating to annual accountability79 supplement and exception, by repealing subsection (d).80 SECTION 4.81 Said article is further amended by adding a new Code section to read as follows:82 "15-18-10.2.83 (a) Except as provided for in subsection (b) of this Code section, on or after July 1, 2026,84 the county or counties comprising a judicial circuit may provid e the district attorney of85 such circuit, who either was not in office as a district attorney as of July 1, 2026, or made86 an irrevocable election authorized by paragraph (1) of subsecti on (b) of Code87 Section 15-18-10, with locality pay as authorized by this Code section, and such district88 attorneys shall not be eligible for county salary supplements provided by local Act. In no89 event shall locality pay exceed 10 percent of the state annual salary provided by Code90 H. B. 1020 - 4 - 26 HB 1020/AP Section 45-7-4 to such district attorney. All such locality pay shall be in lieu of and not in91 addition to any county supplements previously provided by the county or counties.92 (b) In no event shall the annual locality pay provided to a district attorney or circuit public93 defender by the county or counties comprising a judicial circui t in aggregate exceed the94 lesser of:95 (1) Ten percent of the state annual salary paid to a district attorney pursuant to Code96 Section 45-7-4; or97 (2) The total of $20,608.05;98 provided, however, that, if the state annual salary paid to dis trict attorneys exceeds99 $206,805.00, then the maximum allowable amount of annual locali ty pay provided to a100 district attorney by the county or counties comprising a judici al circuit shall instead be101 equal to the difference between $20,608.05 and half the amount by which such state annual102 salary exceeds $206,805.00. The intent of this subsection is t o provide for a gradual103 decrease in the maximum amount of allowable locality pay as the state annual salary104 provided by Code Section 45-7-4 to district attorneys exceeds $206,805.00 and continues105 to increase.106 (c) Except as provided for in subsection (b) of Code Section 15-18-10 and subsection (d)107 of this Code section and notwithstanding any other provision of law to the contrary, on and108 after July 1, 2026, no county or counties comprising a judicial circuit shall provide county109 salary supplements to a district attorney.110 (d)(1) Nothing in subsection (c) of this Code section shall operate to prevent a county or111 counties comprising a judicial circuit from providing a local salary supplement when the112 district attorney of that judicial circuit enters into a contract with said county or counties113 to act as the solicitor of a county's probate or magistrate cou rt, or for supplements of114 compensation for services under Code Sections 15-18-11 and 19-11-23.115 (2) For all district attorneys who elect to exercise the option provided by paragraph (1)116 of subsection (b) of Code Section 15-18-10, to the extent the aggregate salary provided117 H. B. 1020 - 5 - 26 HB 1020/AP for by subsection (a) of Code Section 15-18-10 and locality pay provided for by118 subsection (a) of this Code section to a particular district attorney do not equal or exceed119 such district attorney's aggregate salary and local supplement in effect at the time of such120 district attorney's exercise of such option, then the county or counties of the circuit shall121 pay an additional supplement in the amount equal to the difference between the aggregate122 salary and supplement in effect at the time of such district at torney's exercise of such123 option and the aggregate salary provided for by subsection (a) of Code Section 15-18-10124 and locality pay provided for by subsection (a) of this Code section. When an additional125 supplement is required by this paragraph in a circuit consisting of more than one county,126 then each county shall pay such additional supplement in propor tion to each county's127 contribution to the local supplement in effect at the time of s uch district attorney's128 exercise of the option to participate. In no event shall the additional supplement required129 by this paragraph result in a district attorney's aggregate salary that exceeds the aggregate130 salary existing at the time of a district attorney's exercise of such option.131 (e) Nothing in subsection (c) of this Code section shall opera te to prevent a county or132 counties comprising a judicial circuit from continuing to provi de fringe benefits to the133 district attorney of such circuit in the same manner that such benefits were provided on134 June 30, 2026.135 (f) Nothing in this Code section or subsection (b) of Code Section 15-18-10 shall operate136 to alter, amend, contract, expand, extend, limit, modify, or te rminate retirement benefits137 or rights thereto in existence prior to July 1, 2026. All district attorneys who exercise the138 option provided by paragraph (1) of subsection (b) of Code Section 15-18-10 shall have no139 right to any benefit existing at the time such option is exerci sed reduced. To the extent140 otherwise permitted by law, each county within a judicial circu it is authorized, but not141 required, to provide retirement benefits based upon the locality pay it provides pursuant to142 subsection (a) of this Code section."143 H. B. 1020 - 6 - 26 HB 1020/AP SECTION 5.144 Said article is further amended in Code Section 15-18-14, relating to appointment of assistant145 district attorneys, qualifications, and compensation, by revising subsection (c) as follows:146 "(c) Each attorney appointed pursuant to this Code section shall be compensated based on147 a salary schedule established in accordance with subsection (e) of Code Section 15-18-19.148 The salary range for each class established in accordance with subsection (b) of this Code149 section shall be as follows:150 (1) Assistant district attorney I. Not less than $38,124.00 $78,000.00 nor more than 65151 percent of the compensation of the district attorney;152 (2) Assistant district attorney II. Not less than $40,884.00 $93,082.00 nor more than 70153 percent of the compensation of the district attorney;154 (3) Assistant district attorney III. Not less than $45,108.00 $111,562.00 nor more than155 80 percent of the compensation of the district attorney; and156 (4) Assistant district attorney IV. Not less than $52,176.00 $134,291.00.157 SECTION 6.158 Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries159 of certain state officials, cost-of-living adjustments, and bas e-salary of certain judges, is160 amended by repealing and reserving paragraphs (19.2) and (21) o f subsection (a) and by161 adding a new paragraph to subsection (d) to read as follows:162 "(3) Except as provided for in subsection (b) of Code Section 15-18-10, the annual salary163 of each district attorney shall be set by the General Assembly in the General164 Appropriations Act, provided that such salary shall not exceed 88 percent of the base165 salary provided for in paragraph (1) of this subsection."166 SECTION 7.167 H. B. 1020 - 7 - 26 HB 1020/AP Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes,168 is amended by adding a new Code section to read as follows:169 "1-3-13.170 (a)(1) Notwithstanding any provision of law to the contrary, e xcept for Code Section171 17-12-25, as of July 1, 2026, all local laws and local ordinances or resolutions in effect172 as of such date that provide for a salary, supplement, or other compensation to be paid to173 a state, county, or local officer, official, or employee based on a percentage of, total174 compensation for, or similar mathematical relationship to any district attorney's salary,175 supplement, or other compensation shall be suspended as a matter of law with respect to176 any increase in the salary, supplement, or other compensation paid to a district attorney177 during the term of such suspension; provided, however, that such suspension shall not be178 applicable to any local law or local ordinance or resolution adopted after July 1, 2026.179 (2) During the period of the suspension provided for in paragraph (1) of this subsection:180 (A) No change in the salary of a district attorney shall resul t in a change in the181 calculation of any compensation to be paid to a state, county, or local officer, official,182 or employee by any county, municipality, consolidated government, or other political183 subdivision; and184 (B) The compensation paid to any state, county, or local officer, official, or employee185 whose compensation is expressly based on a percentage of, total compensation for, or186 similar mathematical relationship to a district attorney's sala ry, supplement, or other187 compensation shall remain at the same amount as provided at the beginning of such188 period of suspension, unless and until such suspension terminates with respect to such189 individual pursuant to paragraph (1) of subsection (b) of this Code section or the190 compensation paid to any such state, county, or local officer, official, or employee is191 modified pursuant to subsection (c) of this Code section.192 (3) The provisions of this subsection shall not repeal or amen d any local law or local193 ordinance or resolution, but the provisions of local laws or local ordinances or resolutions194 H. B. 1020 - 8 - 26 HB 1020/AP related to calculating compensation based on a district attorney's salary, supplement, or195 other compensation shall be merely suspended and shall remain suspended with respect196 to any change in such compensation until such suspension is lifted or such compensation197 is modified pursuant to subsection (b) or (c) of this Code section with respect to a given198 public officer, official, or employee.199 (b)(1) As of July 1, 2027, the su spension provided for in subs ection (a) of this Code200 section shall be terminated with respect to all judges. Any salary or compensation change201 for a judge that otherwise would have gone into effect between July 1, 2026, and202 June 30, 2027, by operation of a lo cal law or local ordinance o r resolution if such203 suspension had not been in effect shall become effective for calculations of such judge's204 prospective salary or other compensation that may be earned on or after July 1, 2027,205 unless the local law or local ordinance or resolution that prov ides for a salary,206 supplement, or other compensation to be paid to such judge is r epealed prior to207 July 1, 2027, or is amended, prior to July 1, 2027, to expressly modify the terms of such208 judge's compensation.209 (2) The suspension provided for in subsection (a) of this Code section shall remain in210 place for all officers, officials, and employees described in paragraph (1) of subsection (a)211 of this Code section other than judges, unless and until the compensation payable to any212 such other officer, official, or employee is modified pursuant to subsection (c) of this213 Code section.214 (3) The termination of a suspension provided for in subsection (a) of this Code section215 shall not entitle any person to retroactive compensation that he or she otherwise may have216 earned except for such suspension, and no such retroactive payments shall be made.217 (c)(1) Nothing in this Code section shall operate to prevent the General Assembly from218 at any time repealing or amending, in whole or in part, any loc al law that is suspended219 pursuant to subsection (a) of this Code section, and any such repeal or amendment shall220 H. B. 1020 - 9 - 26 HB 1020/AP become effective in the time and manner stated in the law implementing such repeal or221 amendment, without regard to the suspension provided for in this Code section.222 (2) Nothing in this Code section shall operate to prevent a co unty, municipality,223 consolidated government, or other political subdivision from, at any time, enacting any224 salary, supplement, or other compensation changes for any state, county, or local officer,225 official, or employee if otherwise authorized by general or local law, and any such change226 shall become effective in the time and manner stated in such lawful enactment, without227 regard to the suspension provided for in this Code section.228 (3) In no event shall any action described in paragraph (1) or (2) of this subsection:229 (A) Authorize the payment of or entitle any district attorney to any salary supplement230 or any locality pay in excess of the limits set forth in Code Section 15-8-10.2; or231 (B) Authorize the payment of or entitle any person to retroactive compensation that he232 or she otherwise may have earned except for any period of suspension.233 (d) The General Assembly finds that increases to district atto rney's compensation that234 become effective on or after July 1, 2026, may automatically tr igger increases to other235 public officers, officials, and employees for whom existing legislation automatically ties236 their compensation to that of district attorneys, and that thes e automatic increases in237 compensation would generally result in sudden financial hardship for local governments. 238 Accordingly, it is the intent of this Code section that:239 (1) The salary of any state, county, or local officer, official, or employee whose salary,240 supplement, or other compensation is based on a percentage of, total compensation for,241 or similar mathematical relationship to a district attorney's s alary or supplement shall,242 during the period of any such suspension imposed by this Code section, remain the same243 as such salary, supplement, or other compensation was at the beginning of such period;244 (2) Such state, county, or local officer, official, or employe e shall continue to receive245 such salary, supplement, or other compensation during the period of such suspension at246 the same rate or amount as at the beginning of such period; and247 H. B. 1020 - 10 - 26 HB 1020/AP (3) The amount of such salary, supplement, or other compensati on shall remain248 unchanged until the occurrence of an event described in subsections (a) through (c) of this249 Code section, which includes:250 (A) Such suspension being terminated pursuant to this Code section;251 (B) With respect to a salary, supplement, or other compensation set by local law, the252 General Assembly takes some affirmative action to set the salary, supplement, or other253 compensation by repealing or amending, in whole or in part, any local law that is254 suspended pursuant to subsection (a) of this Code section and s uch repeal or255 amendment becomes effective; or256 (C) With respect to a salary, supplement, or other compensation set by local ordinance257 or resolution, the county, municipality, consolidated, or other local government takes258 some affirmative action to set the salary, supplement, or other compensation and such259 action becomes effective.260 (e) This Code section shall not affect the compensation paid to any circuit public defender261 pursuant to Code Section 17-12-25."262 SECTION 8.263 Chapter 23 of Title 47 of the Official Code of Georgia Annotate d, relating to the Georgia264 Judicial Retirement System, is amended by revising Code Section 47-23-45, relating to effect265 of change in employment, as follows:266 "47-23-45.267 Any member of this retirement system shall be entitled to remain as a member by holding268 any position or office covered by the fund and shall receive full credit for all service as a269 member despite his or her change from one position or office to another covered by the270 fund. Upon becoming e ligible for retirement, however, retireme nt benefits shall be271 determined in accordance with Code Sections 47-23-101, 47-23-102, and 47-23-102.1, and272 47-23-102.2."273 H. B. 1020 - 11 - 26 HB 1020/AP SECTION 9.274 Said chapter is further amended by revising Code Section 47-23- 102.1, relating to275 qualifications to receive retirement benefits, as follows:276 "47-23-102.1.277 (a) This Code section shall only apply to an individual who fi rst becomes became a278 member on or after July 1, 2025, and before July 1, 2026.279 (b) The right of a member to receive benefits under this chapter shall vest after the member280 obtains ten years of creditable service; provided, however, tha t no member shall receive281 a retirement benefit prior to attaining the age of 60 years. E xcept as otherwise provided282 in Article 2 of Chapter 1 of this title, a member's accumulated contributions shall be 100283 percent vested and nonforfeitable at all times. Any member retiring with 16 years or more284 of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each285 year of creditable service over 16 years, of the member's salary; provided, however, that286 no member shall receive more than 24 years of creditable service. Any member retiring287 with less than 16 years of creditable service may retire at a r educed benefit pursuant to288 Code Section 47-23-103. Except as provided in subsection (c) of this Code section, normal289 retirement age under this retirement system shall be the date the member has reached 60290 years of age, provided that he or she has at least ten years of creditable service. For291 purposes of Section 402(1) of the federal Internal Revenue Code regarding distributions292 from governmental plans for health and long-term care insurance for public safety officers,293 normal retirement age shall be the earliest date when the membe r has satisfied the294 requirements for a retirement under this retirement system.295 (c) On the effective date of a member's retirement, as provide d for in subsection (b) of296 Code Section 47-23-103, such member's monthly retirement benefit shall be calculated as297 follows:298 (1) If a member is over the age of 65 years on his or her effective date of retirement, or299 has attained the age of 65 years after his or her effective date of retirement, such member300 H. B. 1020 - 12 - 26 HB 1020/AP shall receive the full amount of the benefit calculated pursuant to subsection (b) of this301 Code section; or302 (2) If a member has not yet attained the age of 65 years on hi s or her effective date of303 retirement, the monthly retirement benefit shall be calculated pursuant to subsection (b)304 of this Code section using only the years of creditable service attributable to such305 member's service in any covered position except for as that of a superior court judge.306 (d) The board is authorized to provide by rule or regulation for the payment of benefits to307 members or beneficiaries of the retirement system at a time and under circumstances not308 provided for in this chapter to the extent that such payment is required to maintain the309 retirement system as a qualified retirement plan for the purposes of federal income tax laws310 and regulations."311 SECTION 10.312 Said chapter is further amended by adding a new Code section to read as follows:313 "47-23-102.2.314 (a) This Code section shall only apply to an individual who first became a member on or315 after July 1, 2026.316 (b) The right of a member to receive benefits under this chapter shall vest after the member317 obtains ten years of creditable service; provided, however, tha t no member shall receive318 a retirement benefit prior to attaining the age of 60 years. E xcept as otherwise provided319 in Article 2 of Chapter 1 of this title, a member's accumulated contributions shall be 100320 percent vested and nonforfeitable at all times. Any member retiring with 16 years or more321 of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each322 year of creditable service over 16 years, of the member's salary; provided, however, that323 no member shall receive more than 24 years of creditable servic e. Any member retiring324 with less than 16 years of creditable service may retire at a r educed benefit pursuant to325 Code Section 47-23-103. Except as provided in subsection (c) of this Code section, normal326 H. B. 1020 - 13 - 26 HB 1020/AP retirement age under this retirement system shall be the date the member has reached 60327 years of age, provided that he or she has at least ten years of creditable service. For328 purposes of Section 402(1) of the federal Internal Revenue Code regarding distributions329 from governmental plans for health and long-term care insurance for public safety officers,330 normal retirement age shall be the earliest date when the membe r has satisfied the331 requirements for a retirement under this retirement system.332 (c) On the effective date of a member's retirement, as provide d for in subsection (b) of333 Code Section 47-23-103, such member's monthly retirement benefit shall be calculated as334 follows:335 (1) If a member is over the age of 65 years on his or her effective date of retirement, or336 has attained the age of 65 years after his or her effective date of retirement, such member337 shall receive the full amount of the benefit calculated pursuant to subsection (b) of this338 Code section; or339 (2) If a member has not yet attained the age of 65 years on hi s or her effective date of340 retirement, the monthly retirement benefit shall be calculated pursuant to subsection (b)341 of this Code section using only the years of creditable service attributable to such342 member's service in any covered position except that of a superior court judge or district343 attorney.344 (d) The board is authorized to provide by rule or regulation for the payment of benefits to345 members or beneficiaries of the retirement system at a time and under circumstances not346 provided for in this chapter to the extent that such payment is required to maintain the347 retirement system as a qualified retirement plan for the purposes of federal income tax laws348 and regulations."349 SECTION 11.350 Said chapter is further amended by revising Code Section 47-23-103, relating to retirement351 based on age and application to retire, as follows:352 H. B. 1020 - 14 - 26 HB 1020/AP "47-23-103.353 (a) In lieu of retirement at the benefit level provided by Cod e Section 47-23-102, or354 47-23-102.1, or 47-23-102.2, a member may retire at any time after attaining the age of 60355 years and after obtaining a minimum of ten years of creditable service. The monthly356 retirement benefit for such early retirement shall be a percentage of either the benefit under357 Code Section 47-23-102 if such member first became a member before July 1, 2025, or the358 benefit under subsection (c) of Code Section 47-23-102.1 if such member first became a359 member on or after between July 1, 2025, and June 30, 2026, or the benefit under360 subsection (c) of Code Section 47-23-102.2 if such member first became a member on or361 after July 1, 2026, and such percentage shall be the proportion which the number of years362 of creditable service the member has in the retirement system bears to 16.363 (b) The effective date of retirement shall be the first day of the month in which the364 application is received by the board of trustees, provided that no retirement shall, in any365 case, be effective earlier than the first day of the month foll owing the final month of the366 applicant's employment. Applications for retirement shall not be accepted more than 90367 days in advance of the effective date of retirement."368 SECTION 12.369 Said chapter is further amended by revising Code Section 47-23-104, relating to disability,370 determination of benefits, and determining disability, as follows:371 "47-23-104.372 (a) After obtaining a minimum of four years of creditable serv ice, any member who373 becomes totally and permanently disabled to the extent that he or she is unable to perform374 the duties of his or her office shall be entitled to receive a disability retirement benefit375 which shall be one-half of the maximum retirement benefits prov ided by Code Section376 47-23-102, or 47-23-102.1, or 47-23-102.2 for 16 years of service, unless the member377 would otherwise qualify for a greater benefit under Code Sectio n 47-23-102 if such378 H. B. 1020 - 15 - 26 HB 1020/AP member first became a member before July 1, 2025, Code Section 47-23-102.1 if such379 member first became a member on or after between July 1, 2025, and June 30, 2026, or380 Code Section 47-23-102.2 if such member first became a member on or after July 1, 2026,381 or Code Section 47-23-103, in which event the Code section providing the highest benefit382 would apply.383 (b) After obtaining a minimum of ten years of actual service, any member who becomes384 totally and permanently disabled to the extent that he or she is unable to perform the duties385 of his or her office shall be entitled to receive a disability retirement benefit which shall be386 two-thirds of the maximum retirement benefits provided by Code Section 47-23-102 , or387 47-23-102.1, or 47-23-102.2.388 (c) The disability of any member applying for disability retir ement benefits shall be389 determined by the board in the same manner and under the same procedure as disability of390 state employees is determined in accordance with the applicable provisions of the391 Employees' Retirement System of Georgia. Disability retirement benefits shall become392 effective on the first day of the month following the month the member resigns as a result393 of the disability."394 SECTION 13.395 Said chapter is further amended by revising Code Section 47-23- 105.1, relating to396 modification of retirement allowance, as follows:397 "47-23-105.1.398 (a) The provisions of this Code section shall apply only to persons who become members399 of this retirement system on or after July 1, 2012.400 (b) A member may make a one-time election to convert the retir ement allowance401 otherwise payable to him or her into a modified retirement allo wance of equivalent402 actuarial value and designate a natural person to receive a survivors benefit in accordance403 with one of the options set forth in paragraphs (1), (2), (3), or (4) of this subsection. Such404 H. B. 1020 - 16 - 26 HB 1020/AP retirement allowance shall be actuarially reduced in accordance to the designated survivor's405 projected life span. For any member whose benefit amount is calculated pursuant to Code406 Section 47-23-102.1 or 47-23-102.2 , such actuarial adjustment shall account for any407 increase in the benefit amount accruing to such member when he or she attains the age of408 65 years. Such actuarial adjustment shall be computed upon the basis of the mortality409 tables and rates of interest last adopted by the board of trust ees. Such election may be410 made only after the member has become eligible to retire and before the first payment of411 his or her retirement allowance normally becomes due. Such election shall be irrevocable412 except as otherwise provided in this Code section. The options are:413 (1) Option one, known as the 100 percent joint and survivor op tion, shall consist of a414 reduced retirement allowance which is payable during the life of the retired member and415 which, upon his or her death, shall be continued at the same ra te throughout the life of416 and paid to the designated survivor.;417 (2) Option two, known as the 66 2/3 percent joint and survivor option, shall consist of418 a reduced retirement allowance which is payable during the life of the retired member and419 which, upon his or her death, shall be continued at the rate of two-thirds the reduced420 retirement allowance throughout the life of and paid to the designated survivor.;421 (3) Option three, known as the 50 percent joint and survivor o ption, shall consist of a422 reduced retirement allowance which is payable during the life of the retired member and423 which, upon his or her death, shall be continued at the rate of one-half the reduced424 retirement allowance throughout the life of and paid to the designated survivor.; and425 (4) Option four, known as the pop-up option, shall be the election of options one, two,426 or three, with the added provision that in the event the designated survivor predeceases427 the retired member, the retirement allowance payable to the ret ired member after the428 death of the designated survivor shall be equal to the maximum retirement allowance429 which the retired member would have been entitled to receive under this chapter had such430 election not been made.431 H. B. 1020 - 17 - 26 HB 1020/AP (c) In the event a member is not married at the time he or she retires and the retired432 member does not elect a survivor's option and such member subse quently marries, the433 retired member may elect to begin receiving an actuarially reduced benefit of equivalent434 value and establish on behalf of the newly acquired spouse an o ption under this Code435 section. Such election shall be made within six months after the marriage.436 (d) In the event a retired member makes an election under subs ection (b) of this Code437 section on behalf of a spouse and such spouse predeceases the r etired member and the438 retired member subsequently remarries, the retired member may elect to begin receiving439 an actuarially reduced benefit of equivalent value and establis h on behalf of a new440 designated survivor pursuant to an option under this Code section.441 (e) In the event a retired member makes an election under subs ection (b) of this Code442 section on behalf of a spouse and a final judgment of complete divorce from the spouse is443 entered, then:444 (1) The retired member may elect to continue the optional allo wance with the former445 spouse designated to receive all amounts and benefits upon the death of the retired446 member; or447 (2) The retired member may revoke the appointment of such spou se as a beneficiary;448 provided, however, that in such event the retirement benefit re ceived by the retired449 member shall not increase. Such revocation may be made at any time after the entry of450 the final judgment of divorce. If the retired member elects to revoke the election, the451 spouse shall be treated in the same manner as if he or she had predeceased the retired452 member under subsection (d) of this Code section.453 (f) If an active vested member of this retirement system dies and is survived by a legal454 spouse, such spouse shall receive a benefit as if the member has had retired on the date of455 his or her death, had attained the age of 65, and had elected option three."456 H. B. 1020 - 18 - 26 HB 1020/AP SECTION 14.457 Said chapter is further amended by revising Code Section 47-23- 106, relating to county458 supplement of salaries, as follows:459 "47-23-106.460 (a) Whenever any county within a judicial circuit supplements the state salary paid to461 active superior court judges or the district attorney of said circuit, the governing authority462 of such county shall be authorized, but not required, to supplement the benefit being paid463 pursuant to this chapter to any retired superior court judge or district attorney of said circuit464 who is receiving benefits pursuant to this chapter or to supplement the benefit being paid465 pursuant to this chapter to any beneficiary of any deceased superior court judge or district466 attorney.467 (b) Whenever any county which has a state court supplements the salary of the judges or468 solicitors-general of such court, the governing authority of such county shall be authorized,469 but not required, to supplement the benefit being paid pursuant to this chapter to any retired470 state court judge of such court who is receiving benefits pursu ant to this chapter or471 supplement the benefit being paid pursuant to this chapter to a ny beneficiary of any472 deceased state court judge.473 (c) Notwithstanding the provisions of subsection (a) or (b) of this Code section, for any474 single county judicial circuit where the county site is located in an unincorporated area of475 the county and the county governing authority has constructed o ne or more permanent476 satellite courthouses within the county, said county shall supplement the benefit amount477 being paid pursuant to this chapter to any district attorney who retired from such circuit.478 The amount of the supplement shall be determined by multiplying the benefit percentage479 he or she earned pursuant to Code Section 47-23-102 if such mem ber first became a480 member before July 1, 2025, or Code Section 47-23-102.1 if such member first became a481 member on or after between July 1, 2025, and June 30, 2026, or Code Section 47-23-102.2482 if such member first became a member on or after July 1, 2026, at retirement together with483 H. B. 1020 - 19 - 26 HB 1020/AP the aggregate county salary supplement being paid to the active district attorney on the date484 that he or she begins receiving a retirement benefit or the supplement paid to the retiring485 district attorney upon his or her last day of service as district attorney, whichever is greater. 486 The supplement shall not be payable to a spouse or survivor pursuant to the provisions of487 Code Section 47-23-105."488 SECTION 15.489 This Act shall become effective on July 1, 2026.490 SECTION 16.491 All laws and parts of laws in conflict with this Act are repealed.492 H. B. 1020 - 20 -