(a) As used in this Code section, the term: (1) "Circuit paid district attorney employee" means any full-time
assistant district attorney, secretary, investigator, clerical
assistant, paraprofessional, or victim or witness assistance
personnel employed by a district attorney of a multicounty
judicial circuit from funds paid for the operation of such office
by the counties of such judicial circuit and who is not eligible
for membership in a county retirement system. (2) "State paid district attorney employee" means any full-time assistant district attorney, secretary, or investigator employed by a district attorney who is a member of this retirement system pursuant to the provisions of Code Section 47-2-262, 47-2-264, or 47-2-265. (b) Upon the enactment of a rule or regulation of each of the
counties composing a judicial circuit so authorizing, a circuit paid
district attorney employee may, at his or her option, elect to
become a member of this retirement system. Once such a rule or
resolution is adopted by each county in the judicial circuit, no
revocation shall be effective until the rule or resolution is
revoked in each such county, and any revocation of the privilege
imparted thereby shall not apply to any employee employed prior to
the effective date of such revocation. Any such employee shall
exercise his or her option to become a member of this retirement
system by so notifying the board of trustees not later than 60 days
after becoming eligible, and, once made, such election shall be
irrevocable. The employing district attorney's office shall deduct
from each such member's compensation the member's contribution, and
the employing district attorney's office shall pay the employer's
contribution from funds paid to such office by the counties
composing the judicial circuit. (c) Any person electing to become a member of this retirement system pursuant to the provisions of subsection (b) of this Code section shall be subject to the provisions of Code Section 47-2-334; provided, however, that any member who, without a break in service, accepts employment as a circuit paid district attorney employee shall continue in the same membership status possessed by the member immediately prior to accepting such employment without any interruption in membership and without the loss of any creditable service. (d) Any member who becomes a member of this retirement system
pursuant to the provisions of subsection (b) of this Code section
shall be entitled to receive up to five years of creditable service
for prior service as a circuit paid district attorney employee
during which the member was not a member of any other public
retirement system as provided in this subsection. In order to
receive such creditable service, the member shall provide the board
of trustees with proof satisfactory to the board of the period of
employment as a circuit paid district attorney employee and the
compensation received during that time and shall pay to the board of
trustees the employer and employee contributions which would have
been paid by or on behalf of such member if he or she had been a
member, together with regular interest thereon. The employing
district attorney's office is authorized to supplement such payments
from such funds as are available to it from the counties composing
the judicial circuit. The member shall receive such creditable
service as may be granted without creating any accrued unfunded
liability of this retirement system. (e) Any state paid district attorney employee who is a member of
this retirement system on July 1, 1998, shall be entitled to receive
up to five years of creditable service for prior service as a
circuit paid district attorney employee during which the member was
not a member of any other public retirement system as provided in
this subsection. In order to receive such creditable service, the
member shall provide the board of trustees with proof satisfactory
to the board of the period of employment as a circuit paid district
attorney employee and the compensation received during that time and
shall pay to the board of trustees the employer and employee
contributions which would have been paid by or on behalf of such
member if he or she had been a member, together with regular
interest thereon. The employing district attorney's office is
authorized to supplement such payments from such funds as are
available to it from the counties composing the judicial circuit.
The member shall receive such creditable service as may be granted
without creating any accrued unfunded liability of this retirement
system. |