Title 47, Chapter 2, Section 323
( 47-2-323)
(a) As used in this Code section, the term: (1) "Employee" means any full-time employee of the council employed pursuant to the provisions of subsection (a) of Code Section 17-12-34. (2) "Georgia Indigent Defense Council" or "council" means the Georgia Indigent Defense Council established by Code Section 17-12-32. (3) "Proof of prior employment" means pay records, income tax
withholding records, or other records of the council which are
sufficient to establish to the satisfaction of the board of
trustees the prior employment record of an employee of the
council. (b) Effective July 1, 1994, or on the date of employment, each
employee of the council shall become a member of the retirement
system. (c)(1) This subsection shall apply only to an employee of the
council employed by the council prior to July 1, 1994. (2) An employee of the council who is subject to the provisions of
this subsection shall, upon furnishing proof of prior employment
to the board of trustees, be eligible to receive creditable
service under this retirement system for prior employment as an
employee of the council, subject to the requirements of this
subsection. Any such employee must pay to the board of trustees
the employee contributions which would have been paid during the
period of prior employment if the employee had been a member of
the retirement system during such period. The council shall pay
from any funds available to the council the employer contributions
which would have been paid during such period of prior employment.
For a member claiming creditable service for prior employment
under this subsection, the board of trustees shall determine the
period of time that the payments to the board of trustees provided
for under this subsection will fund as creditable service under
the retirement system without creating any additional accrued
liability of the retirement system. Except as otherwise provided
in paragraph (3) of this subsection, the amount of creditable
service so determined shall be the creditable service to which the
member is entitled. (3) The council shall be authorized to supplement, if necessary,
the payments made to the board of trustees under paragraph (2) of
this subsection in an amount, as determined by the board of
trustees, which will fully fund as creditable service the total
amount of prior employment of the employee without creating any
additional accrued liability of the retirement system. If such
supplement is paid to the board of trustees by the council, the
employee shall receive full creditable service under the
retirement system for all prior employment as an employee of the
council. (d) Any employee of the council who was already a member of the
retirement system on July 1, 1994, and any member of the retirement
system who, without any break in service, becomes an employee of the
council on or after July 1, 1994, shall continue in the same
membership status without any interruption in membership service and
without the loss of any creditable service. (e) Except as otherwise provided in subsection (d) of this Code section, an employee of the council becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (f) All employer contributions, including employee contributions
made by the employer on behalf of members, which are required by
this chapter shall be made for members who are subject to the
provisions of this Code section from funds appropriated to or
otherwise available for the operation of the Georgia Indigent
Defense Council. The council shall deduct from the salaries payable
to such members the additional employee contributions required by
this chapter. |