---
title: O.C.G.A. § 45-18-38. Board of Trustees of the Employees’ Retirement System to be the successor to the State Personnel Board and Employee Benefit Council for administration of deferred compensation plans; employment of and contracting with agents.
collection: code
id: 45-18-38
cite_as: O.C.G.A. § 45-18-38 (2025)
canonical_url: https://georgiacommons.org/code/45-18-38
md_url: https://georgiacommons.org/code/45-18-38.md
text_url: https://georgiacommons.org/code/45-18-38/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t45-(v33)-pdf.pdf?sfvrsn=c5ce751b_0#page=129
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/45-18.md
previous: https://georgiacommons.org/code/45-18-37.md
next: https://georgiacommons.org/code/45-18-50.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PUBLIC OFFICERS AND EMPLOYEES / EMPLOYEES’ INSURANCE AND BENEFITS PLANS / DEFERRED COMPENSATION PLANS
---

# O.C.G.A. § 45-18-38. Board of Trustees of the Employees’ Retirement System to be the successor to the State Personnel Board and Employee Benefit Council for administration of deferred compensation plans; employment of and contracting with agents.

(a) Effective July 1, 2005, the Board of Trustees of the Employees’ Retirement System of Georgia shall be the successor to the State Personnel Board for the purpose of administering any deferred compensation plan provided to employees as referenced in Code Sections 45-18-32 and 45-18-33. The State Personnel Board shall transfer individual accounts, associated funds, and any other applicable information in a manner prescribed by the Board of Trustees of the Employees’ Retirement System of Georgia no later than September 30, 2005.

(b) The Board of Trustees of the Employees’ Retirement System of Georgia shall be the successor to the Employee Benefit Council for the purpose of administering any deferred compensation plan provided to employees as referenced in Code Section 45-18-32. The Employee Benefit Council shall transfer individual accounts, associated funds, and any other applicable information in a manner prescribed by the Board of Trustees of the Employees’ Retirement System of Georgia.

(c) The Board of Trustees of the Employees’ Retirement System of Georgia is authorized to employ agents and to contract with such agents for their services as investment advisors and counselors who will make recommendations for investments and make investments as the board of trustees so authorizes.

## History

Code 1981, § 45-18-38, enacted by Ga. L. 2005, p. 134, § 1/HB 275; Ga. L. 2006, p. 217, § 1/HB 1151.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2023, “Code Section 45-18-32” was substituted for “Code Section 45-18-52” at the end of the first sentence in subsection (b).