Title 47, Chapter 20, Section 10
( 47-20-10)
(a) In order to assure the actuarial soundness of each retirement system, the minimum annual employer contribution for each retirement system, unless excepted by Code Section 47-20-13, shall be the sum of the amounts determined under paragraphs (1), (2), and (3) of this subsection minus the amount determined under paragraph (4) of this subsection; provided, however, that under no circumstances shall the minimum annual employer contribution be less than zero or result in a contribution credit for a subsequent year, as follows: (1) The normal cost of the retirement system for the year; plus (2) The amounts necessary to amortize: (A) The unfunded actuarial accrued liability over a period of 40
years in the case of a retirement system in existence on January
1, 1983, based on the first actuarial valuation of the
retirement system which is made on or after January 1, 1984; or (B) The unfunded actuarial accrued liability over a period of 30
years in the case of a retirement system which is created or
established after January 1, 1983, based on the first actuarial
valuation of the retirement system; plus (C) The increase, if any, in unfunded actuarial accrued
liability over a period of 20 years for any such increase which
occurs after January 1, 1984, during any year as a result of
changes made in the provisions of the retirement system
affecting active employees; plus (D) The increase, if any, in unfunded actuarial accrued
liability over a period of 15 years for any such increase which
occurs from experience under the actuarial assumptions
applicable to the retirement system; plus (E) The increase, if any, in unfunded actuarial accrued
liability over a period of 30 years for any such increase
resulting from changes in actuarial assumptions applicable to
the retirement system; plus (3) If not otherwise included in the calculations under paragraph
(1) or (2) or paragraphs (1) and (2) of this subsection: (A) The amount necessary to amortize over a period of ten years
in equal annual installments the increase, if any, in unfunded
actuarial accrued liability resulting from benefit increases
granted during the year to beneficiaries under the retirement
system; or (B) The amount necessary to pay the amount of increase in
benefits granted during the year to beneficiaries under the
retirement system on a current disbursement or pay-as-you-go
basis; minus (4) The amount: (A) Necessary to amortize the decrease, if any, in unfunded
actuarial accrued liability over a period of 20 years for any
such decrease which occurs after January 1, 1984, during any
year as a result of changes made in the provisions of the
retirement system; plus (B) Necessary to amortize the decrease in unfunded actuarial
accrued liability, if any, over a period of 15 years for any
such decrease which occurs from experience under the actuarial
assumptions applicable to the retirement system; plus (C) Necessary to amortize the decrease in unfunded actuarial
accrued liability, if any, over a period of 30 years for any
such decrease resulting from changes in the actuarial
assumptions applicable to the retirement system; plus (D) In excess of the minimum annual employer contribution
required by this Code section which accumulates after January 1,
1984; plus (E) Employee contributions for the year. (b) In the case of a retirement system which uses a formula related
to the compensation of the members of the retirement system as a
basis for the calculation of benefits under the retirement system,
the amortization amounts required by subsection (a) of this Code
section, except for the amount determined under paragraph (3) of
subsection (a) of this Code section, may be determined as a level
percentage of future compensation. If such level percentage
amortization is used, the actuarial assumption for future annual
payroll growth shall not exceed the actuarial assumed valuation
interest rate of the retirement system less 2 1/2 percent. The
minimum standards provided by subsection (a) of this Code section
are deemed to have been met if such level percentage amortization is
used and the employer contribution is equal to the annual required
contribution as is determined in accordance with the provisions of
Governmental Accounting Standards Board Statements No. 25 and No.
27. (c) In the case of a retirement system which does not use a formula
related to the compensation of the members of such retirement system
as a basis for the calculation of benefits under such retirement
system, the minimum funding standards provided for in subsection (a)
of this Code section shall be deemed to have been met if the
employer contribution is equal to or greater than the annual
contribution as determined in accordance with the provisions of
Governmental Accounting Standards Board Statements No. 25 and No.
27. (d)(1) The minimum funding standards provided for in subsection
(a) of this Code section shall be deemed to have been met if as of
the latest actuarial valuation a retirement system has a negative
unfunded actuarial accrued liability and the employer contribution
is equal to or greater than the annual required contribution as
determined in accordance with the provisions of Governmental
Accounting Standards Board Statements No. 25 and No. 27; provided,
however, that in no case shall the negative unfunded actuarial
accrued liability be amortized over a period of less than ten
years. If a retirement system has such a negative unfunded
actuarial accrued liability, the amounts necessary to amortize
under paragraphs (2), (3), and (4) of subsection (a) of this Code
section established prior to the current actuarial valuation date
will be considered to be fully amortized under the minimum funding
standards provided by subsection (a) of this Code section. (2) In any actuarial valuation subsequent to the valuation in
which a retirement system is found to have complied with the
provisions of paragraph (1) of this subsection, if the retirement
system still has a negative unfunded actuarial accrued liability,
the only amortization required under such minimum funding
standards will be an amortization of the negative unfunded
actuarial accrued liability over a period of not less than ten
years of the actuarial accrued liability. For any such
subsequent actuarial valuations, whenever the retirement system
again has an unfunded actuarial accrued liability, the minimum
standards provided by subsection (a) of this Code section shall
apply with new amounts necessary to amortize the newly created
unfunded actuarial accrued liability. (e) In determining the minimum annual employer contribution under
subsection (a) of this Code section: (1) All benefits which it is reasonable to anticipate will be paid
from the retirement system because of the current active members
and payments to beneficiaries shall be taken into account; and (2) All costs, liabilities, and other factors under the retirement
system shall be determined by an actuary on the basis of an
actuarial cost method and actuarial assumptions which, in the
aggregate, are reasonable, considering the experience of the
retirement system and reasonable expectations, and which, in
combination, offer the actuary's best estimate of anticipated
experience under the retirement system. (f) Upon completion of the first actuarial investigation of a
retirement system after January 1, 1984, and for each subsequent
actuarial investigation, the minimum annual employer contribution
required by this Code section shall be increased by an amount
equivalent to the interest earned on such minimum annual employer
contribution, based on the actuarial assumed valuation interest rate
applicable to the retirement system, from the date of such actuarial
investigation until the date the minimum annual employer
contribution is made to the retirement system. This subsection
shall not apply to a retirement system to which annual employer
contributions are being made in excess of the minimum annual
employer contribution required by this Code section. (g) In no event will employee contributions of active members of a
retirement system be used to pay benefits to beneficiaries under the
retirement system. (h) The minimum funding requirements of this Code section shall not apply to prefunding, in whole or in part, of anticipated future costs of providing health care benefits and related expenses including, without limitation, provision of all or part of the cost of health insurance coverage and health maintenance organization participation costs for retired employees of a political subdivision including those presently retired and those anticipated to retire in the future. Such prefunding may be maintained as part of the same investment pool as the fund receiving employer and employee contributions to pay the cost of providing retirement benefits under any retirement system maintained by the political subdivision for its employees so long as such funds are separately accounted for and separate records are maintained with respect to each fund. Funds maintained by a political subdivision for the purpose of prefunding health care benefits for retired employees may be invested and reinvested in accordance with the provisions of Code Section 47-1-12, and, for the purposes of that Code section and the home rule provisions of the laws and the Constitution of the State of Georgia, such funds shall be considered retirement funds. |