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   2007 ERS Legislation  
   
 

The following is a synopsis of legislation enacted during the 2007 session of the General Assembly having an effect on the Employees’ Retirement System (ERS) and/or its members.  The laws were effective July 1, 2007.

Act No. 23 (Senate Bill 156) – All Systems – LC 21 9499S – Balfour, Cowsert, Hawkins, et al – Non-fiscal - Amends 47-20-10 by adding 47-20-10.1 to authorize political subdivisions to create retiree health benefit plans to provide for payment of covered post-employment health care expenses for eligible present and future retirees and other related expenses for compliance to Governmental Accounting Standards Board Statements (GASB) 43 and 45. 

Act No. 24 (Senate Bill 162) – ERS – LC 21 9238 – Heath, Tate, et al – Non-fiscal - Amends 47-2-123(c) for those persons first or again becoming a member of ERS on or after July 1, 2007, removing the projected service and compensation calculation to age 60 or 65.  The disability retirement allowance will be calculated on the actual years of creditable service at the effective date of retirement.  A member who is eligible for an equivalent service retirement shall not be eligible to apply for disability retirement.  The projected disability retirement allowance calculation is still applicable to any person who maintains a current ERS membership date before July 1, 2007. 

Act No. 26 (Senate Bill 172) – SB172/SFA/1 – Goggans - Non-Fiscal – Amends code sections 20-2 and 45-18 to provide that the previously created Georgia Retiree Health Benefit Fund is a fund available and dedicated for all funds relating to the coverage of health care expenses and administrative costs and to further Georgia’s compliance with GASB Statements 43 and 45.

Act No. 58 (House Bill 213) – State Agencies – LC 21 9056 – Bridges – Non-Fiscal – Amends 45-18-2 by repealing in its entirety 45-18-37, relating to special pay plan for deferred payment of special compensation to reduce federal tax burden for state employees.   According to IRS the payment of annual leave pay at termination of State employment is not eligible for rollover and thus the original enacted law was invalid based on federal statutes.  This is housekeeping legislation.

Act No. 43 (House Bill 318) – Large Systems – HB318/RCSFA – Benton, Coleman, Bridges, et al –Non-Fiscal -Amends 47-20 83 to allow a large retirement system to invest 15% of the retirement system assets in corporations or in obligations of corporations organized in a country other than the United States or Canada subject to the provisions of paragraph (1) of subsection (a) of 47-20-83.  This is retirement system investment legislation.

Act No. 61 (House Bill 448) – ERS/LRS/GJRS – LC 21 9502S – Bridges, Maxwell – Non-fiscal – Amends 47-2-54, 47-2-334, 47-19-10, and 47-23-29 and 30 in compliance with GASB Statements 43 and 45 requiring two separate trust funds be maintained by the retirement system for the group term life insurance for eligible members of ERS, LRS, and GJRS.  Effective June 30, 2007, the trust funds shall be known as the (1) “the retired and vested inactive members trust fund” and (2) “the active members fund”.   This compliance legislation does not impact the amount of coverage for members/retirees, such coverage being provided through contract with the State Employees Assurance Department.

   
   
 

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