Title 47, Chapter 17, Section 1
( 47-17-1)
As used in this chapter, the term: (1) "Board" means the Board of Commissioners of the Peace
Officers' Annuity and Benefit Fund. (1.1) "Creditable service" means approved prior service plus
membership service. (2) "Fund" means the Peace Officers' Annuity and Benefit Fund. (3) "Income" means any and all income received by a peace officer
for services rendered, whether such income is in the form of
salary, fees, subsistence allowance or other type of allowance, or
any combination thereof. (4) "Member" means a member of the Peace Officers' Annuity and
Benefit Fund. (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. (5) "Peace officer" means: (A) Any peace officer who is employed by this state or any
municipality, county, or other political subdivision thereof who
is required by the terms of such peace officer's employment,
whether by election or appointment, to give such peace officer's
full time to the preservation of public order, the protection of
life and property, or the detection of crime in this state or
any municipality, county, or other political subdivision thereof
and who is required by the terms of such peace officer's
employment to comply with the requirements of the "Georgia Peace
Officer Standards and Training Act" contained in Chapter 8 of
Title 35, provided that, for the purposes of this chapter, any
deputy sheriff employed as such by a sheriff of this state shall
be deemed to be employed by the county in which such sheriff
serves; (B) Any warden or correction officer of state or county
correctional institutions and any warden or correction officer
of municipal correctional institutions of a municipality having
a population of 70,000 or more according to the United States
decennial census of 1970 or any future such census who is
required by the terms of his or her employment as such warden or
correction officer to give his or her full time to his or her
job as such warden or correction officer; and any warden or
correction officer of a municipal correctional institution who
on or before October 1, 1962, pays dues for prior service shall
be deemed to have been a member for such periods and shall be
entitled to all the rights and benefits to which other members
during such periods are entitled, provided that any such warden
or correction officer as provided in this subparagraph is
required by the terms of his or her employment to comply with
the requirements of the "Georgia Peace Officer Standards and
Training Act" contained in Chapter 8 of Title 35; (C) All employees of the Peace Officers' Annuity and Benefit
Fund who are required by the terms of their employment to devote
their full time to such job; and any such full-time employee who
on or before October 1, 1962, paid dues for prior service shall
be deemed to have been a member for such periods and shall be
entitled to all the rights and benefits to which other members
are entitled; (D) Any parole officers who are required by the terms of their
employment to devote full time to their job; (E) Any law enforcement employee of the Alcohol and Tobacco Tax
Unit of the Department of Revenue who is required by the terms
of his or her employment to devote his or her full time to his
or her job as a law enforcer, and any supervisor of such
employees who, himself or herself, is assigned to the Alcohol
and Tobacco Tax Unit and who is required by the terms of his or
her employment to have arrest powers and to enforce the alcohol
and tobacco tax laws; (F) Any person employed by the Department of Transportation who is designated by the commissioner of transportation as an enforcement officer pursuant to Code Section 32-6-29, provided that such enforcement officers shall be entitled to creditable service toward retirement only for membership service rendered after April 5, 1978, and only for membership service which is rendered in such capacity prior to July 1, 2001; (G) Any full-time identification technician or identification
supervisor employed by this state, or any subdivision or
municipality thereof, whose duties include the investigation and
detection of crime or whose duties are supervisory over those
identification technicians whose duties include the
investigation and detection of crime in this state, and who has
been considered a member of the Peace Officers' Annuity and
Benefit Fund, and paid dues thereto, at any time on or before
July 1, 1981; and such identification technicians and
identification supervisors shall be deemed to have been members
for such prior period of service that dues were paid and shall
be entitled to all rights and benefits to which other members
are entitled; (H) Any person employed by the Public Service Commission who was designated by such commission as an enforcement officer pursuant to former Code Section 46-7-70 as it existed under the "Motor Carrier Act of 1931," as amended, or who is designated by such commission as an enforcement officer pursuant to Code Section 46-7-28 and who is required by the terms of his or her employment to devote full time to his or her job as a law enforcer, and any supervisor of such employees who himself or herself is assigned by the terms of his or her employment to have arrest powers and to enforce the public utility laws administered by the Public Service Commission; provided, however, that such enforcement officers shall be entitled to creditable service toward retirement only for membership service rendered after July 1, 1981, and only for membership service which is rendered in such capacity prior to July 1, 2001; (I) Persons in the categories listed below who are required, as
a condition necessary to carry out their duties, to be certified
as peace officers pursuant to the provisions of Chapter 8 of
Title 35, known as the "Georgia Peace Officer Standards and
Training Act": (i) Persons employed by the Department of Juvenile Justice who
have been designated by the commissioner of juvenile justice
to investigate and apprehend delinquent and unruly children
who have escaped from an institution or facility or have
broken their conditions of supervision; any employee of the
Department of Juvenile Justice whose full-time duties include
the preservation of public order, the protection of life and
property, the detection of crime, or the supervision of
delinquent and unruly children in its institutions,
facilities, or programs, or who is a line supervisor of any
such employee, provided that the powers of a peace officer
have been conferred upon such person pursuant to Chapter 4A of
Title 49; (ii) Narcotics agents retained by the director of the Georgia Bureau of Investigation pursuant to the provisions of Code Section 35-3-9; (iii) Investigators employed by the Secretary of State as securities investigators pursuant to the provisions of Code Section 10-5-10; (iv) Investigators employed by the Secretary of State as investigators for the professional licensing boards pursuant to the provisions of Code Section 43-1-5; and (v) Persons employed by the Department of Motor Vehicle Safety
to whom the commissioner of motor vehicle safety has delegated
law enforcement powers; provided, however, that no such person
shall be entitled to obtain any prior creditable service other
than actual membership service; (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; and (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. (6) "Service," as used to determine the amount of annuities or
benefits due any beneficiary under this chapter, means the total
number of years in the aggregate actually served by a peace
officer, computed from the date such peace officer began his
service as a peace officer. |