Title 47, Chapter 2, Section 310
( 47-2-310)
(a) The Georgia Federal-State Shipping Point Inspection Service,
hereinafter referred to as the "inspection service" in this Code
section, is declared to be an adjunct of the Georgia Department of
Agriculture, such inspection service assisting in the agricultural
products inspection duties of that department. All employees of the
inspection service shall be subject to a merit system of personnel
administration established by the agencies which are parties to a
cooperative agreement between the Consumer and Marketing Service of
the United States Department of Agriculture and the Georgia
Department of Agriculture. All employees shall perform services on
the basis of merit, fitness, and efficiency. The establishment of
this merit system prior to July 1, 1975, shall be a prerequisite to
coverage of the inspection service under the retirement system. (b) Any person employed by the inspection service on July 1, 1975,
is authorized to become a member of Division A of the retirement
system. Any person first employed or reemployed by the inspection
service after July 1, 1975, shall, as a condition of employment,
become a member of Division A of the retirement system. In order to
become or be required to be a member of the retirement system, an
employee of the inspection service must be employed in this state in
a position normally requiring actual performance of duty during not
less than nine months of the year. (c) The Georgia Department of Agriculture shall be responsible for
making certain that the administrative officials of the inspection
service shall deduct or collect from each member the employee
contributions required by the retirement system and remit them to
the retirement system as required by law or regulations. The
Commissioner of Agriculture is authorized and directed to pay from
the funds appropriated for the operation of the Georgia Department
of Agriculture the employer contributions required by the retirement
system or by regulations promulgated pursuant thereto. Such
employer contributions shall be paid by the Commissioner upon
receipt of an invoice from the retirement system. (d) Any person who becomes a member of the retirement system under
this Code section, upon certified proof of previous service with the
inspection service, shall be eligible to receive up to five years of
credit for such previous service by paying the regular employer and
employee contributions, including accrued interest, that would have
accumulated during such period of employment. In the computation of
such contributions and interest, the compensation of such member
shall be deemed to have been the same as the compensation such
member received on the date he first became a member. For any
member claiming creditable service under this subsection on and
after July 1, 1983, the board of trustees shall calculate the period
of time the contributions and interest provided for above will fund
as creditable service under the retirement system without creating
any additional accrued liability of the retirement system; and the
amount of creditable service so determined shall be the creditable
service to which the member is entitled. The inspection service
shall be authorized to supplement contributions and interest
provided for above in an amount, as determined by the board of
trustees, which, together with such contributions and interest, will
fully fund as creditable service the total amount of previous
service claimed without creating any additional accrued liability of
the retirement system, and in the event such supplement is paid by
the inspection service to the board of trustees, the member shall be
entitled to receive all such previous service as creditable service
up to the maximum of five years. Credit for previous service shall
be available to a member only after he has worked for the inspection
service for one full year following July 1, 1975, and must be
exercised, if at all, within one year after the time any such member
becomes eligible to elect such option or by not later than January
1, 1984, whichever date is later. (e) The board of trustees is authorized to promulgate all necessary
rules and regulations for the implementation of this Code section,
including, but not limited to, regulations and rules dealing with
any required reports of employment and remission of contributions by
the administrative officials of the inspection service and the
method for certification of proof of previous service with the
inspection service. (f) Any member who was a member of the retirement system prior to
July 1, 1975, and who, prior to becoming a member of the retirement
system, was employed by the inspection service shall be eligible to
receive up to five years of creditable service under the retirement
system for service rendered as an employee of the inspection service
prior to becoming a member of the retirement system. In order to
receive such creditable service, the member must pay to the board of
trustees the employer and employee contributions which would have
been paid to the retirement system during the period, not to exceed
five years, of employment by the inspection service as if such
employment had been rendered while a member of the retirement
system, plus interest at the rate of 7 percent on such employer and
employee contributions compounded annually from the time of the
employment with the inspection service to the date of payment. The
board of trustees may require such documentation as the board finds
necessary to verify the period of employment with the inspection
service and the compensation received for such employment. The
board of trustees shall calculate the amount of payment required to
obtain creditable service under this Code section and shall certify
such amount to a member who applies for creditable service under
this subsection. No more than a total of five years of service
prior to July 1, 1975, as an employee of the inspection service may
be obtained as creditable service under all provisions of this Code
section. No creditable service may be obtained pursuant to the
provisions of this subsection for any period for which creditable
service has been or may be obtained under any other provision of
this chapter. (g)(1) Any member who was employed by the inspection service on
July 1, 1975, and who was a member on that date shall be eligible
to receive up to five years of creditable service under the
retirement system for service rendered as an employee of the
inspection service prior to becoming a member of the retirement
system. Such service shall be in addition to the creditable
service authorized by subsection (f) of this Code section. In
order to receive such creditable service, the member must pay to
the board of trustees the employee contributions of 5 percent of
his or her salary on July 1, 1975, for each month of creditable
service, together with interest at the rate of 4 percent
compounded annually from July 1, 1975, to the date of payment.
The board of trustees may require such documentation as the board
finds necessary to verify the period of employment with the
inspection service and the compensation received for such
employment. The board of trustees shall calculate the amount of
payment required to obtain creditable service under this Code
section and shall certify such amount to a member who applies for
creditable service under this paragraph. (2) The inspection service is authorized to supplement, if
necessary, the payment made to the board of trustees pursuant to
paragraph (1) of this subsection from funds available to the
inspection service. (3) Payments made pursuant to paragraphs (1) and (2) of this
subsection shall be made not later than January 1, 1997. The
board shall determine whether the amount of creditable service
purchased by the total contributions made pursuant to paragraphs
(1) and (2) of this subsection would warrant, without creating any
additional accrued liability of the retirement system, up to five
years of creditable service. (4) No creditable service may be obtained pursuant to the
provisions of this subsection for any period for which creditable
service has been or may be obtained under any other provision of
this chapter. |