(a) As used in this Code section, the term: (1) "Department" means the Department of Juvenile Justice. (2) "Local retirement system" means a retirement or pension system
maintained by a county which includes as members thereof county
juvenile detention employees who become employees of the
department as a result of the county juvenile detention services'
being transferred to the department, and the term includes any
such retirement or pension system created by law or created by
ordinance or resolution of the county under the home rule
provisions of the Constitution of Georgia. (b) Except as provided in subsection (c) of this Code section, any
person who becomes an employee of the department as a result of a
transfer of county juvenile detention services to the department
shall become a member of this retirement system. Within 30 days of
the day any such employee becomes a member of this retirement
system, the board of trustees or other managing body of the
applicable local retirement system shall pay to the board of
trustees of this retirement system the total employee and employer
contributions plus interest made by or on behalf of the employee to
the local retirement system, together with accumulated interest
thereon, and in addition the governing authority of the county may
pay to the board of trustees of this retirement system on behalf of
the employee such amount as such county governing authority deems
appropriate, and the employee shall receive such creditable service
in this retirement system as the total amount will allow without
creating any accrued liability against this retirement system;
provided, however, that no such person shall receive creditable
service in excess of the accredited service previously rendered as
an employee of the applicable local retirement system. (c)(1) An employee subject to this Code section may elect to
continue active membership in the local retirement system, and the
salary received by such employee as an employee of the department
shall be the salary of such employee for all purposes under the
local retirement system. Except as otherwise provided in this
subsection, such employee shall continue to pay the employee
contributions required under the local retirement system, and the
department may enter into an agreement with the board of trustees
or other managing body of the local retirement system whereby the
department may deduct such employee contributions from the
compensation of the employee and pay the amount deducted to the
local retirement system. Employer contributions for continued
membership in the local retirement system shall be computed at the
same percentage rate applicable to all other state employees on
the basis of the state salary paid to such employees electing to
continue membership in the local retirement system and shall be
paid by the department when applicable to the local retirement
system; provided, however, that: (A) If the employer contributions paid by the department exceed
the employer contributions applicable to all other employees of
the local retirement system, the difference between the
percentage rate of employer contributions paid by the department
and the percentage rate of employer contributions applicable to
all other employees of the local retirement system shall be
applied to offset the percentage rate of employee contributions
required of such state employees remaining in the local
retirement system; and (B) If the employer contributions to be paid by the department
under this subsection would exceed the total employee and
employer contributions required under the local retirement
system, the department shall only be required to pay the total
amount of such employee and employer contributions required
under the local retirement system. (2) An employee continuing membership under a local retirement
system under this subsection shall retain all rights, benefits,
and privileges under the local retirement system in the same
manner and to the same extent as if the employee remained an
employee of the county; provided, however, that such employee
shall not be entitled to health and life insurance benefits
available to county employees. An employee electing to continue
membership in a local retirement system shall not be and may not
become a member of the Employees' Retirement System of Georgia. (d) To the extent this Code section conflicts with or is
inconsistent with the provisions of a local retirement or pension
system affected by this Code section, whether such local retirement
or pension system was created by law or by local ordinance, the
provisions of this Code section shall control. |