O.C.G.A.
O.C.G.A.

O.C.G.A. § 45-18-35 (2019)

Plans to operate without cost to state, counties, cities, or other political subdivisions

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The Board of Trustees of the Employees' Retirement System of Georgia or the administrator of the plan shall arrange for all services required to carry out the deferred compensation plan or plans so that such plan or plans shall operate without cost to the state, county, city, or other political subdivision except for:

(1) Employer contributions to a deferred compensation plan;

(2) The incidental expense of administering the payroll salary deduction or reduction and the remittance thereof; or

(3) The payment of costs or fees associated with an employee's participation in a deferred compensation plan when authorized by the governing authority of a municipality pursuant to ordinance or resolution.

History

(Ga. L. 1974, p. 198, § 7; Ga. L. 2003, p. 887, § 1; Ga. L. 2005, p. 134, § 1/HB 275; Ga. L. 2018, p. 743, § 1/SB 333.)

Annotations

The 2018 amendment, effective May 8, 2018, substituted the present provisions of this Code section for the former provisions, which read: "The Board of Trustees of the Employees' Retirement System of Georgia or the administrator of the plan shall arrange for all services required to carry out the deferred compensation plan or plans so that such plan or plans shall operate without cost to the state, county, city, or other political subdivision except for employer contributions to a deferred compensation plan and for the incidental expense of administering the payroll salary deduction or reduction and the remittance thereof."

OPINIONS OF THE ATTORNEY GENERAL

Limitation on funding method. - The Georgia Deferred Compensation Plan can be funded by any of several methods so long as the plan operates without cost to the state except for the incidental expense of administering the payroll salary deduction or reduction and the remittance thereof. 1975 Op. Att'y Gen. No. 75-107.

State Personnel Board obligated to take steps to defray administrative costs. - State Personnel Board is under an obligation to invest deferred compensation for interest income to defray administration costs or to take such other steps as may be necessary to defray administrative costs. 1980 Op. Att'y Gen. No. 80-6.

Contracts necessary to operate plan are not limited in duration to state fiscal year. - Deferred compensation plan shall operate without cost to the state. The state's credit is not pledged and no state debt can be created by operation of deferred compensation plan. Therefore, contracts necessary to operate a deferred compensation plan are not limited in duration to the state fiscal year. 1980 Op. Att'y Gen. No. 80-6.

RESEARCH REFERENCES

Am. Jur. 2d. - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 186, 187.