Georgia Code
Article 3 - Plans, Agreements, and Referendums Regarding Social Security Coverage
§ 47-18-40. Agreement Between State and Federal Government for State Employees; Like Agreements Between Federal Government and Interstate Instrumentalities; Division of Retirement System

Such agreement, to the extent practicable, shall be consistent with the terms and provisions of subsection (a) of this Code section and other provisions of this chapter.
History. Ga. L. 1953, Nov.-Dec. Sess., p. 294, § 3; Ga. L. 1956, p. 75, § 3; Ga. L. 1957, p. 586, § 1; Code 1933, § 99-2103, enacted by Ga. L. 1958, p. 198, §§ 2, 3, 4; Ga. L. 1964, p. 303, § 1; Ga. L. 1982, p. 3, § 47; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 92, § 1; Ga. L. 2009, p. 753, § 12/SB 109; Ga. L. 2010, p. 1207, § 64/SB 436; Ga. L. 2010, p. 1248, § 3/HB 997.
The 2009 amendment, effective July 1, 2010, in subsection (e), substituted “Council of Superior Court Judges of Georgia” for “commissioner of administrative services” in the second and third sentences.
The 2010 amendments. —
The first 2010 amendment, effective July 1, 2010, substituted “The Council” for “the Council” in the second sentence of subsection (e). The second 2010 amendment, effective July 1, 2010, substituted “Act” for “act” at the end of paragraph (a)(2); substituted “in accordance with federal law” for “to the secretary of the treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements” at the end of paragraph (b)(3); inserted “or she” in the last sentence of subsection (d); and deleted former subsection (e) which read: “The position of any member of the division or part of the Superior Court Judges Retirement Fund of Georgia who does not desire coverage may be transferred to the separate retirement fund composed of positions of members who do desire coverage upon such terms and conditions and at such time as permitted by federal law. In the event of such transfer, the employee contributions of such member required for social security coverage shall be deducted by the Council of Superior Court Judges of Georgia and remitted to the state agency, together with the required employer contributions. The Council of Superior Court Judges of Georgia is authorized and directed to pay, from funds appropriated or otherwise available for the operation of the superior courts, the required employer contributions on any such transferred member.”.
Editor’s notes.
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.” Accordingly, the amendment to subsection (e) of this Code section by Ga. L. 2010, p. 1207, § 64, was not given effect.

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