As used in this chapter, the term:
The board may require annual certification by the chief of a fire department of the satisfaction of such requirements as a condition to the eligibility of firefighters and volunteer firefighters to become members of the fund to obtain creditable service with the fund.
A full-time fire department includes the fire chief or chief operating officer of the organizational unit and only those employees who are under the direction and supervision of the fire chief or chief operating officer.
History. Ga. L. 1955, p. 339, § 1; Ga. L. 1956, p. 368, § 1; Ga. L. 1961, p. 417, § 1; Ga. L. 1974, p. 377, § 1; Ga. L. 1976, p. 241, §§ 1, 2; Ga. L. 1983, p. 1310, § 1; Ga. L. 1985, p. 209, § 1; Ga. L. 1991, p. 755, § 2; Ga. L. 1992, p. 477, § 1; Ga. L. 1994, p. 703, § 1; Ga. L. 1995, p. 27, § 1; Ga. L. 1995, p. 1064, § 1; Ga. L. 1997, p. 1376, § 1; Ga. L. 2006, p. 120, § 1/HB 749; Ga. L. 2006, p. 122, §§ 1, 2, 3, 4/HB 344; Ga. L. 2010, p. 197, §§ 1, 2/HB 1150; Ga. L. 2014, p. 478, § 1/SB 235; Ga. L. 2015, p. 898, § 5/HB 266.
The 2010 amendment, effective July 1, 2010, in paragraph (2), inserted “or a combination full-time and volunteer fire department” in the introductory paragraph, substituted the present provisions of subparagraph (2)(A) for the former provisions, which read: “The fire department is certified by the superintendent of the Georgia Fire Academy as provided in Chapter 3 of Title 25;”, and substituted “nine” for “eight” near the beginning of subparagraph (2)(B); and, in paragraph (3), substituted “his or her” for “full-time” near the beginning of subparagraph (3)(A), in subparagraph (3)(B), substituted “volunteer fire department or combination full-time and volunteer fire department which satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23 and” for “class nine fire department;” near the beginning, and deleted “; and who satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23” following “fires” at the end.
The 2014 amendment, effective July 1, 2014, in subparagraph (3)(A), substituted “permanent, compensated” for “full-time” near the beginning and inserted “and who works at least 1,040 hours per year” near the end; deleted former paragraph (3.1), which read: “ ‘Full-time employment’ means working at a permanent job position for at least 40 hours a week.”; and added “but at least 1,040 hours a year” at the end of paragraph (5.1).
The 2015 amendment, effective July 1, 2015, added paragraph (1); renumbered former paragraphs (1) though (5) as present paragraphs (2) through (6), respectively; in present paragraph (3), substituted “full-time” for “full time” twice in the introductory language, and substituted “holds a valid certificate of compliance issued by the Georgia Firefighter Standards and Training Council pursuant to Article 2 of Chapter 3 of Title 25” for “is certified by the superintendent of the Georgia Firefighter Standards and Training Council pursuant to Article 1 of Chapter 4 of Title 25” in subparagraph (3)(A); substituted “full-time” for “full time” in present subparagraph (4)(B); in present paragraph (5), substituted “ ‘Full-time fire department’ means a full-time” for “ ‘Full time fire department’ means full time” in the introductory language, and substituted “full-time fire department” for “full time fire department” at the end of paragraph (5); added paragraph (7); redesignated former paragraph (5.1) as present paragraph (8); in paragraph (8), substituted “ ‘Part-time employment’ means” for “ ‘Part time employment’ means”; added paragraphs (9) and (10); redesignated former paragraphs (6) and (7) as present paragraphs (11) and (12), respectively; and added paragraph (13).
Cross references.
Volunteer firefighters for counties and municipalities, § 36-60-22 .
Code Commission notes.
The amendment of former subparagraphs (A) and (B) of paragraph (3) of this Code section by Ga. L. 2006, p. 120, § 1, irreconcilably conflicted with and was treated as superseded by Ga. L. 2006, p. 122, § 1. See County of Butts v. Strahan, 151 Ga. 417 (1921).
Pursuant to Code Section 28-9-5, in 2006, “who is: (A) A full-time” was substituted for “who is a full-time” in paragraph (3).
Editor’s notes.
For application of this statute in 2020 and 2021, see Executive Orders 10.15.20.01, 10.30.20.02, 11.13.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, and 02.15.21.01.
A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.