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Official Code of Georgia Annotated

Title 1. GENERAL PROVISIONS · Chapter 3. LAWS AND STATUTES

1-3-12. Suspension of automatic changes to the salary, supplements, or other compensation of public officers, officials, or employees based on the change of any superior court judge’s salary; termination of suspension; construction and implementation.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)
    1. (1)

      Notwithstanding any provision of law to the contrary, as of July 1, 2025, all local laws and local ordinances or resolutions in effect as of such date that provide for a salary, supplement, or other compensation to be paid to a state, county, or local officer, official, or employee based on a percentage of, total compensation for, or similar mathematical relationship to any superior court judge’s salary, supplement, or other compensation shall be suspended as a matter of law with respect to any increase in the salary, supplement, or other compensation paid to a superior court judge during the term of such suspension; provided, however, that such suspension shall not be applicable to any local law or local ordinance or resolution adopted after July 1, 2025.#

    2. (2)

      During the period of the suspension provided for in paragraph (1) of this subsection:#

      1. (A)

        No change in the salary of a superior court judge shall result in a change in the calculation of any compensation to be paid to a state, county, or local officer, official, or employee by any county, municipality, consolidated government, or other political subdivision; and#

      2. (B)

        The compensation paid to any state, county, or local officer, official, or employee whose compensation is expressly based on a percentage of, total compensation for, or similar mathematical relationship to a superior court judge’s salary, supplement, or other compensation shall remain at the same amount as provided at the beginning of such period of suspension, unless and until such suspension terminates with respect to such individual pursuant to paragraph (1) of subsection (b) of this Code section or the compensation paid to any such state, county, or local officer, official, or employee is modified pursuant to subsection (c) of this Code section.#

    3. (3)

      The provisions of this subsection shall not repeal or amend any local law or local ordinance or resolution, but the provisions of local laws or local ordinances or resolutions related to calculating compensation based on a superior court judge’s salary, supplement, or other compensation shall be merely suspended and shall remain suspended with respect to any change in such compensation until such suspension is lifted or such compensation is modified pursuant to subsection (b) or (c) of this Code section with respect to a given public officer, official, or employee.#

  2. (b)
    1. (1)

      As of July 1, 2026, the suspension provided for in subsection (a) of this Code section shall be terminated with respect to all judges. Any salary or compensation change for a judge that otherwise would have gone into effect between July 1, 2025, and June 30, 2026, by operation of a local law or local ordinance or resolution if such suspension had not been in effect shall become effective for calculations of such judge’s prospective salary or other compensation that may be earned on or after July 1, 2026, unless the local law or local ordinance or resolution that provides for a salary, supplement, or other compensation to be paid to such judge is repealed prior to July 1, 2026, or is amended, prior to July 1, 2026, to expressly modify the terms of such judge’s compensation.#

    2. (2)

      The suspension provided for in subsection (a) of this Code section shall remain in place for all officers, officials, and employees described in paragraph (1) of subsection (a) of this Code section other than judges, unless and until the compensation payable to any such other officer, official, or employee is modified pursuant to subsection (c) of this Code section.#

    3. (3)

      The termination of a suspension provided for in subsection (a) of this Code section shall not entitle any person to retroactive compensation that he or she otherwise may have earned except for such suspension, and no such retroactive payments shall be made.#

  3. (c)
    1. (1)

      Nothing in this Code section shall operate to prevent the General Assembly from at any time repealing or amending, in whole or in part, any local law that is suspended pursuant to subsection (a) of this Code section, and any such repeal or amendment shall become effective in the time and manner stated in the law implementing such repeal or amendment, without regard to the suspension provided for in this Code section.#

    2. (2)

      Nothing in this Code section shall operate to prevent a county, municipality, consolidated government, or other political subdivision from, at any time, enacting any salary, supplement, or other compensation changes for any state, county, or local officer, official, or employee if otherwise authorized by general or local law, and any such change shall become effective in the time and manner stated in such lawful enactment, without regard to the suspension provided for in this Code section.#

    3. (3)

      In no event shall any action described in paragraph (1) or (2) of this subsection:#

      1. (A)

        Authorize the payment of or entitle any superior court judge to any salary supplement or any locality pay in excess of the limits set forth in Code Section 15-6-29.2; or#

      2. (B)

        Authorize the payment of or entitle any person to retroactive compensation that he or she otherwise may have earned except for any period of suspension.#

  4. (d)

    The General Assembly finds that increases to superior court judges’ compensation that become effective on or after July 1, 2025, may automatically trigger increases to other public officers, officials, and employees for whom existing legislation automatically ties their compensation to that of superior court judges and that these automatic increases in compensation would generally result in sudden financial hardship for local governments. Accordingly, it is the intent of this Code section that:#

    1. (1)

      The salary of any state, county, or local officer, official, or employee whose salary, supplement, or other compensation is based on a percentage of, total compensation for, or similar mathematical relationship to a superior court judge’s salary or supplement shall, during the period of any such suspension imposed by this Code section, remain the same as such salary, supplement, or other compensation was at the beginning of such period;#

    2. (2)

      Such state, county, or local officer, official, or employee shall continue to receive such salary, supplement, or other compensation during the period of such suspension at the same rate or amount as at the beginning of such period; and#

    3. (3)

      The amount of such salary, supplement, or other compensation shall remain unchanged until the occurrence of an event described in subsections (a) through (c) of this Code section, which includes:#

      1. (A)

        Such suspension being terminated pursuant to this Code section;#

      2. (B)

        With respect to a salary, supplement, or other compensation set by local law, the General Assembly takes some affirmative action to set the salary, supplement, or other compensation by repealing or amending, in whole or in part, any local law that is suspended pursuant to subsection (a) of this Code section and such repeal or amendment becomes effective; or#

      3. (C)

        With respect to a salary, supplement, or other compensation set by local ordinance or resolution, the county, municipality, consolidated, or other local government takes some affirmative action to set the salary, supplement, or other compensation and such action becomes effective.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 1-3-12, enacted by Ga. L. 2025, p. 389, § 6/HB 85, effective July 1, 2025.

Effective date

This Code section became effective July 1, 2025.

Editor's notes

Ga. L. 2025, p. 389 85, § 1/HB 85, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Superior Court Judicial Compensation Reform Act.’” Ga. L. 2025, p. 389, § 1/HB 85, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Superior Court Judicial Compensation Reform Act.’”

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t1-3-(v3)-pdf.pdf, Volume V3, 2019 edition, 2025 supplement, pages 12 to 15; merge action: added; file SHA-256 19703c1bece5.