As used in this chapter, the term:
(1.1) “Creditable service” means approved prior service plus membership service.
(4.1) “Membership service” means service which is rendered by an employee while he or she is a member of the fund and for which credit is allowable under this chapter.
(J) Any person who was a member of the fund pursuant to the definitions contained in subparagraphs (A) through (I) of this paragraph and who is subsequently promoted to a position of similar duties but broader supervisory duties, if such person’s new position requires him or her to comply with the standards contained in Chapter 8 of Title 35, the “Georgia Peace Officer Standards and Training Act,” and such person retains his or her powers of arrest;
(K) Any employee of the Department of Corrections whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of inmates and detainees or who is a line supervisor of any such employee, provided that all such persons are required to comply with the requirements of Chapter 8 of Title 35, the “Georgia Peace Officer Standards and Training Act,” in order to hold their positions and in addition have been conferred with the powers of a police officer pursuant to Code Section 42-5-35;
(L) Each jail officer, as such term is defined in the Code Section 35-8-2, who is certified by the Georgia Peace Officer Standards and Training Council and who maintains compliance with Chapter 8 of Title 35, the “Georgia Peace Officer Standards and Training Act”; and
(M) Each communications officer, as such term is defined in Code Section 35-8-23, who is certified or maintains compliance with rules and regulations prescribed by the Georgia Peace Officer Standards and Training Council with respect to such position.
History. Ga. L. 1950, p. 50, § 8; Ga. L. 1951, p. 472, § 2; Ga. L. 1956, p. 280, § 7; Ga. L. 1958, p. 341, § 3; Ga. L. 1962, p. 39, § 3; Ga. L. 1970, p. 199, § 1; Ga. L. 1973, p. 63, § 2; Ga. L. 1974, p. 1201, § 1; Ga. L. 1978, p. 1921, § 1; Ga. L. 1981, p. 710, § 1; Ga. L. 1982, p. 3, § 47; Ga. L. 1987, p. 1062, § 1; Ga. L. 1988, p. 1479, § 1; Ga. L. 1989, p. 228, § 1; Ga. L. 1990, p. 540, § 1; Ga. L. 1992, p. 477, § 1; Ga. L. 1992, p. 1983, § 23; Ga. L. 1994, p. 320, § 1; Ga. L. 1994, p. 776, §§ 1, 2; Ga. L. 1995, p. 27, § 1; Ga. L. 1996, p. 381, § 1; Ga. L. 1996, p. 950, § 8; Ga. L. 1997, p. 1453, §§ 1, 2; Ga. L. 1998, p. 165, § 1; Ga. L. 2000, p. 1449, § 9; Ga. L. 2000, p. 1706, § 19; Ga. L. 2002, p. 440, § 1; Ga. L. 2008, p. 145, § 1/HB 732; Ga. L. 2009, p. 368, § 1/SB 48; Ga. L. 2010, p. 1207, § 64/SB 436; Ga. L. 2014, p. 393, § 1/SB 339; Ga. L. 2018, p. 179, § 1/HB 398; Ga. L. 2020, p. 581, § 1/SB 249; Ga. L. 2022, p. 109, § 3/SB 84.
The 2008 amendment, effective July 1, 2008, in subdivision (5)(I)(iv), deleted “and” at the end; in subdivision (5)(I)(v), added “and” at the end; and added subdivision (5)(I)(vi).
The 2009 amendment, effective April 30, 2009, part of an Act to revise, modernize, and correct this title, in division (5)(I)(v), substituted “Department of Driver Services” for “Department of Motor Vehicle Safety” and substituted “commissioner of driver services” for “commissioner of motor vehicle safety”.
The 2010 amendment, effective July 1, 2010, substituted “Georgia Composite Medical Board” for “Composite State Board of Medical Examiners” in division (5)(I)(vi).
The 2014 amendment, effective April 21, 2014, part of an Act to revise, modernize, and correct this title, in division (5)(I)(i), substituted “delinquent children or children in need of services” for “delinquent and unruly children” twice, and deleted the comma following “programs”.
The 2018 amendment, effective July 1, 2018, deleted “and” at the end of division (5)(I)(v); substituted “43-34-6; and” for “43-34-24.1;” at the end of division (5)(I)(vi); and added division (5)(I)(vii).
The 2020 amendment, effective July 1, 2020, deleted “and” at the end of subparagraph (5)(J); substituted “; and” for the period at the end of subparagraph (5)(K); and added subparagraph (5)(L). See Editor’s notes for comment.
The 2022 amendment, effective July 1, 2022, deleted “and” from the end of subparagraph (5)(K), substituted “Act’; and” for “Act.’” at the end of subparagraph (5)(L), and added subparagraph (5)(M).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1998, in division (5)(I)(i),“Juvenile Justice” was substituted for “Children and Youth Services” in two places and “juvenile justice” was substituted for “children and youth services”.
Editor’s notes.
Ga. L. 2009, p. 859, § 1, effective July 1, 2009, redesignated former Code Section 43-34-24.1, referred to in division (5)(I)(vi) of this Code section, as present Code Section 43-34-6.
Ga. L. 2010, p. 1207, § 1, not codified by the General Assembly, provides that: “The intent of this Act is to repeal obsolete and inoperative provisions and to make certain stylistic corrections in Title 47 of the Official Code of Georgia Annotated. Nothing in this Act shall deny, abridge, increase, renew, revive, or on any way affect any right, benefit, option, credit, or election to which any person was entitled pursuant to such title on June 30, 2010, and the board of trustees of each public retirement system is authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this Act; provided, however, that any such right, benefit, option, credit, or election shall be subject to the statutory provisions in effect on June 30, 2010.”
Ga. L. 2010, p. 1207, § 67, not codified by the General Assembly, provides that: “In the event of an irreconcilable conflict between a provision of Sections 62 through 64 of this Act and a provision of another Act enacted at the 2010 regular session of the General Assembly, the provision of such other Act shall control over this Act to the extent of the conflict.”
Ga. L. 2020, p. 581, § 5/SB 249, provides: “This Act shall become effective on July 1, 2020, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the ‘Public Retirement Systems Standards Law‘; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2020, as required by subsection (a) of Code Section 47-20-50.” However, the Act was not signed by the Governor until August 3, 2020. The State Auditor’s determination letter on concurrent funding of fiscal retirement bills provided: “[I]t is unclear as to the effective date of this bill. Based on the information received by the Fund’s actuary, Senate Bill 249 met the provisions for concurrent funding had it become effective on July 1, 2020.” See the state auditor’s report at Ga. L. 2020, p. 380A.