HB1184: HB1184 Military; treat retired officers the same as warrant officers and enlisted persons at the same grade as such members earned during their military service

26 LC 46 1304 House Bill 1184 By: Representatives Bonner of the 73rd, Thomas of the 21st, Cannon of the 172nd, and Ballard of the 147th A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Of ficial Code of Georgia1 Annotated, relating to state militia generally, so as to treat retired officers the same as2 warrant officers and enlisted persons for purposes of transferring members of the organized3 militia to the state retired list at the same grade as such members earned during their military4 service; to provide for related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Co de of Georgia Annotated,8 relating to state militia generally, is amended by revising Cod e Section 38-2-9, relating to9 state retired list, officers, enlisted persons, grade upon transfer to list, return to active duty,10 and computation of time, as follows:11 "38-2-9.12 (a) Any member of the organized militia who has reached the ag e of 64 years may be13 retired for the reason of age and transferred to the state reti red list by the Governor. A14 member may be retired for reason of age and transferred to the state retired list by the15 H. B. 1184 - 1 - 26 LC 46 1304 Governor before reaching 64 years of age in order to conform to the laws and regulations16 of the United States which are applicable to the organized militia.17 (b) Any officer who has served for at least 20 years in the or ganized militia or in the18 organized militia and the armed forces of the United States com bined, upon his request,19 may be transferred to the state retired list by the Governor in a grade which is one grade20 higher than the highest grade previously held by him during such service. In computing21 the 20 year period, service as an enlisted person shall be counted.22 (c)(b) Any officer, warrant officer, or enlisted person who has served for at least 20 years23 in the organized militia or in the organized militia and the armed forces of the United States24 combined, upon his or her request, may be transferred to the state retired list by the25 Governor in a grade equivalent to the highest grade held by him or her during such service. 26 If the grade was of officer grade, subsection (b) of this Code section will govern.27 (d)(c) Upon the recommendation of the adjutant general, the Governor may order any28 person on the state retired list to return to active duty and s erve on military courts or29 boards, perform staff duty in or with the organized militia, or , in time of emergency,30 perform any military duty in or with the organized militia. In any such case, the person so31 ordered shall rank in his or her grade at retirement from the date of the order.32 (e)(d) Time spent on the state retired list shall not be credited in the computation of length33 of service for seniority, pay, promotion, or otherwise, or any of the privileges and34 exemptions pertaining thereto, except that time served on activ e duty by order of the35 Governor shall be credited."36 SECTION 2.37 All laws and parts of laws in conflict with this Act are repealed.38 H. B. 1184 - 2 -