SB489: SB489 Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia; allow to set monthly dues

26 LC 56 0507 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 the1 Judges of the Probate Courts Retirement Fund of Georgia, so as to allow the Board of2 Commissioners of the Judges of the Probate Courts Retirement Fu nd of Georgia to set3 monthly dues; to provide for limitations on such authority; to provide for factors in such4 determination; to increase the fee on marriage licenses; to increase the fee on civil filings;5 to increase the fee on certain fines and bond forfeitures; to p rovide for related matters; to6 repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of10 the Probate Courts Retirement Fund of Georgia, is amended in Co de Section 47-11-22,11 relating to powers and duties of the board, by adding a new subsection to read as follows:12 "(d)(1) On and after July 1, 2026, each member shall pay monthly dues into the fund in13 an amount to be determined annually by the board that shall be at least $105.00 but shall14 not exceed $150.00. The requirement for the payment of monthly dues shall cease after15 a member has paid such dues for a period of 30 years.16 S. B. 489 - 1 - 26 LC 56 0507 (2) The amount of monthly dues established pursuant to this Co de section shall apply17 uniformly to all members.18 (3) The board shall determine the amount of monthly dues based on:19 (A) The recommendation of the actuary of the board;20 (B) The maintenance of the actuarial soundness of the fund in accordance with the21 minimum funding standards provided in Code Section 47-20-10 or such higher22 standards as may be adopted by the board; and23 (C) Such other factors as the board determines relevant."24 SECTION 2.25 Said chapter is further amended by revising Code Section 47-11-40, relating to eligibility to26 participate, credit for service rendered, and requirements for judges to participate, as follows:27 "47-11-40.28 Before any person shall be eligible to participate in the fund, he or she must shall:29 (1)(A) Be serving as secretary-treasurer or as an employee of the board; or30 (B) Be a duly qualified and commissioned judge of the probate court of a county of the31 State of Georgia. Any judge of a probate court or employee of the board who desires32 to participate in the fund shall further comply with applicable provisions in33 paragraphs (2) through (9) (7) of this Code section;34 (2) In the case of judges of the probate courts or employees o f the board, make35 application to the board for membership in the fund on a form t o be furnished by the36 board for that such purpose, giving such information, together with verification and proof37 thereof, as may be required by the board;38 (3)(A) As to judges of the probate courts, make application to the board within a period39 of 12 months after commencing such service as a judge of the probate court in order to40 claim and receive credit for services rendered retroactive to t he date of the41 commencement of such service or forever be barred from claiming or receiving any42 S. B. 489 - 2 - 26 LC 56 0507 credit for any service rendered prior to the date the application is received in the office43 of the secretary-treasurer.44 (B) As to employees of the board, make application to the board within a period of 1245 months after commencing such service as an employee of the board in order to claim46 and receive credit for services rendered retroactive to the dat e of the commencement47 of such service or forever be barred from claiming or receiving any credit for any48 service rendered prior to the date the application is received in the office of the49 secretary-treasurer; provided, however, that no employee of the board shall be credited50 with any service to the board which occurred prior to January 1, 1990; and provided,51 further, that any person serving as an employee of the board prior to July 1, 1992, shall52 have until July 1, 1993, to make application with the board and to receive credit for53 services rendered after January 1, 1990;54 (4)(A) Any person who on July 1, 1994, has been eligible for membership in the fund55 for at least 12 months immediately preceding that date and who has never joined the56 fund may join or rejoin the fund by complying with all relevant provisions of this Code57 section; provided, however, that such person must shall make application to the board58 of commissioners not later than June 30, 1995, or forever be ba rred from receiving59 credit toward retirement for any time served prior to the date any application for60 membership is received in the office of the secretary-treasurer.61 (B) Any person who becomes a member pursuant to subparagraph ( A) of this62 paragraph shall be entitled to obtain service credit for any pe riod during which such63 person was eligible for membership. Any person who is a member on July 1, 1994, and64 who has failed to obtain service credit for any period of service as a probate judge may65 receive service credit for such period for which service credit has not been awarded. 66 Such service credit may be obtained not later than June 30, 1995, by complying with67 the provisions of paragraphs (5) and (6) of this Code section;68 S. B. 489 - 3 - 26 LC 56 0507 (5) As to judges of the probate courts or employees of the boa rd, file with such69 application a sworn statement setting out the length of time served as judge of the probate70 court by the applicant since December 22, 1953, or as an employ ee of the board since71 January 1, 1990, and such judge's net earnings for each month during such entire period,72 which may be arrived at by deducting any and all sums spent for the operation of his or73 her office if he or she is on a fee basis, but by the gross amount if he or she is on salary;74 provided, however, that, if by either method the income of such judge of the probate court75 or employee of the board for his or her service as such:76 (A) Exceeds $12,000.00 per annum or an average of more than $1,000.00 per month77 for any calendar year prior to 1979, such income shall be deemed to be not more than78 $12,000.00 during such year and shall be adjusted to this figure;79 (B) Exceeds $6,000.00 o r an average of more than $1,000.00 per month for the80 six-month period beginning January 1, 1979, and ending June 30, 1979, such income81 shall be deemed to be not more than $6,000.00 during such six-month period and shall82 be adjusted to this figure;83 (C) Exceeds $7,500.00 or an average of more than $1,250.00 per month for the84 six-month period beginning July 1, 1979, and ending December 31, 1979, such income85 shall be deemed to be not more than $7,500.00 during such six-month period and shall86 be adjusted to this figure;87 (D) Exceeds $15,000.00 per annum or an average of more than $1,250.00 per month88 for any calendar year after 1979, such income shall be deemed t o be not more than89 $15,000.00 during such year and shall be adjusted to this figure;90 (E) Exceeds $20,000.00 per annum or an average of more than $1,666.66 per month91 for any calendar year after 1990, such income shall be deemed t o be not more than92 $20,000.00 during such year and shall be adjusted to this figure;93 S. B. 489 - 4 - 26 LC 56 0507 (F) Exceeds $25,000.00 per annum or an average of more than $2,083.33 per month94 for any calendar year after 1992, such income shall be deemed t o be not more than95 $25,000.00 during such year and shall be adjusted to this figure; or96 (G) Exceeds $30,000.00 per annum or an average of more than $2,500.00 per month97 for any calendar year after 1998, such income shall be deemed t o be not more than98 $30,000.00 during such year and shall be adjusted to this figur e; provided, however,99 that the board of commissioners is authorized to increase such amounts by not more100 than 3 percent each year, provided that such increase is based upon:101 (i) The recommendation of the actuary of the board of commissioners;102 (ii) The maintenance of the actuarial soundness of the fund in accordance with the103 standards provided in Code Section 47-20-10 or such higher stan dards as may be104 adopted by the board; and105 (iii) Such other factors as the board deems relevant.106 (6) As to judges of the probate courts or employees of the board, remit to the board with107 his or her application the sum of $105.00 per month as dues, together with interest at a108 rate of 6 percent per annum from the end of the month in which such dues accrued;109 payment of one month's dues at the then prevailing rate for mon thly dues set by the110 board; and111 (7) As to judges of the probate courts or employees of the board, file with the board for112 each month subsequent to admission as a member by the close of business of the113 twentieth day of each month the sum certain of $105.00; provide d, however, that the114 requirement for such dues shall cease after the member has paid such dues for a period115 of 30 years; and116 (8) As to judges of the probate courts or employees of the board, all applications for117 membership, sworn statements of net earnings, remittances of du es, and all other118 information, facts, or figures in connection with this Code sec tion are subject to being119 examined, audited, and approved by the board."120 S. B. 489 - 5 - 26 LC 56 0507 SECTION 3.121 Said chapter is further amended in Code Section 47-11-50, relating to payment to fund of a122 portion of fees collected in connection with marriage licenses, duty to record and report123 collection, interest, delinquent payment, and penalties, by revising subsection (a) as follows:124 "(a)(1) The judges of the probate courts shall withhold the following amounts and pay125 the same to the board by the twentieth day of the month followi ng the month in which126 such fees were collected, irrespective of whether such collecti ng judge of the probate127 court is now or may hereafter be compensated from fees collected or by a salary, or both:128 (A) Twenty Twenty-five percent of all fees collected by any and all judges of the129 probate courts for any service rendered as such in taking appli cations for marriage130 licenses, issuing and recording such marriage licenses, and filing such applications and131 marriage licenses with the Department of Community Public Health;132 (B) Two Five dollars of each civil filing fee; and133 (C) One dollar of the fee paid for each application for a lice nse to carry a pistol or134 revolver.135 (2) It shall be the duty of each judge of the probate court to keep accurate records of all136 such fees collected, and such records may be audited by the board at any time. The sums137 remitted to the board under this Code section shall be used to provide adjustments of the138 compensation of the several judges of the probate courts by making retirement benefits139 available to such judges of the probate courts and to pay the c osts of administration140 incurred by the board."141 SECTION 4.142 Said chapter is further amended in Code Section 47-11-51, relating to payment to fund of a143 portion of criminal and quasi-criminal fines and forfeited bonds, duty to record and report144 collection, and penalties, by revising subsection (a) as follows:145 S. B. 489 - 6 - 26 LC 56 0507 "(a) In every criminal and quasi-criminal case for violating st ate statutes or traffic laws146 which is before a judge of the probate court and in which case a fine is collected or a bond147 is forfeited, $3.00 $5.00 shall be collected by the judge, clerk of court, or other collecting148 authority. Such bond or fine shall be construed to include costs."149 SECTION 5.150 All laws and parts of laws in conflict with this Act are repealed.151 S. B. 489 - 7 -