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2018 Georgia Code 45-7-4 | Car Wreck Lawyer

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 7. Salaries and Fees, 45-7-1 through 45-7-110.

ARTICLE 1 GENERAL PROVISIONS

45-7-4. (For effective date, see note.) Annual salaries of certain state officials; cost-of-living adjustments.

(a) The annual salary of each of the state officials listed below shall be as follows: (1) (For effective date, see note.) Governor ..........$175,000.00 An allowance in an amount specified in the appropriations Act shall also be provided for the operation of the Governor's mansion. (2) Lieutenant Governor .................................54,920.00 (3) Adjutant general The adjutant general shall continue to receive the pay and allowances under the same procedure as provided by law. (4) Commissioner of Agriculture ........................100,429.00 (5) Attorney General ...................................114,633.00 (6) Reserved. (7) Commissioner of Insurance ..........................100,396.00 (8) Reserved. (9) Commissioner of Labor ..............................100,418.00 The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government. (10) Reserved. (11) Each member of the Public Service Commis- sion ................................................96,655.00 (12) Reserved. (13) State School Superintendent ........................102,708.00 (14) Secretary of State .................................102,708.00 (15) Reserved. (16) Reserved. (17) Reserved. (18) Each Justice of the Supreme Court ..................175,600.00 (19) Each Judge of the Court of Appeals .................174,500.00 (20) Each superior court judge ..........................126,265.00 (21) Each district attorney .............................120,072.00 (22) Each member of the General Assembly .................16,200.00 (A) Reserved. (B) Each member of the General Assembly shall also receive the allowances provided by law. The amount of the daily expense allowance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be as provided in that Code section. The mileage allowance for the use of a personal car on official business shall be the same as that received by other state officials and employees. (C) In addition to any other compensation and allowances authorized for members of the General Assembly, each member may be reimbursed for per diem differential and for actual expenses incurred in the performance of duties as a member of the General Assembly in an amount not to exceed $7,000.00 per year. Expenses reimbursable up to such amount shall be limited to one or more of the following purposes: lodging, meals, per diem differential, postage, personal services, printing and publications, rents, supplies (including software), telecommunications, transportation, utilities, purchasing or leasing of equipment, and other reasonable expenditures directly related to the performance of a member's duties. If equipment purchased by a member has a depreciated value of $100.00 or less when such member leaves office, the equipment does not need to be returned to the state. No reimbursement shall be made for any postage which is used for a political newsletter. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph. Eligible expenses shall be reimbursed following the submission of vouchers to the legislative fiscal office in compliance with the requirements of this subparagraph and subject to the provisions of subparagraph (E) of this paragraph. Such vouchers shall be submitted in such form and manner as prescribed by the Legislative Services Committee pursuant to subparagraph (E) of this paragraph, provided that each such voucher shall be accompanied by a supporting document or documents, or legible copies thereof, showing payment for each expense claimed or an explanation of the absence of such documentation; in addition, each such voucher shall include a certification by the member that the information contained in such voucher and supporting document or documents, or legible copies thereof, is true and correct and that such expenses were incurred by the member. The provisions of Code Section 16-10-20 shall be applicable to any person submitting such certified vouchers and supporting documents or copies the same as if the General Assembly were a department or agency of state government. No such voucher or supporting document shall be required for per diem differential. (D) The amount of per diem differential which may be claimed for each day under subparagraph (C) of this paragraph shall be the difference between the daily expense allowance authorized for members of the General Assembly and $119.00; provided, however, that the General Appropriations Act for any fiscal year may increase such amount of $119.00 per day to an amount not in excess of the federal per diem rate then in effect for the state capital as specified by the General Services Administration. Per diem differential shall be paid by the legislative fiscal office to the member upon the member's notification to the legislative fiscal office of the days for which the daily expense allowance was received for which the member wishes to claim the per diem differential, and the legislative fiscal office shall keep a record of the days for which per diem differential is so claimed and paid. (E) For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Any voucher or claim for any reimbursement for any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher or claim submitted after that date. Any amounts remaining in such expense account at the end of the first year of the two year biennium may be claimed for expenses incurred during the second year of the two year biennium. Any amounts remaining in any expense account which are not so claimed by April 15 of the year following the second year of the biennium and any amounts claimed which are returned as hereafter provided for in this paragraph shall lapse and shall be remitted by the legislative fiscal office to the general fund of the state treasury. Any former member of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph, including, but not limited to, definitions of the above list of items for which reimbursement may be made; provided, however, that the term "other reasonable expenditures directly related to the performance of a member's duties" shall be as defined by policies adopted by the Speaker of the House of Representatives and by the Senate Administrative Affairs Committee as to reimbursement of such expenditures incurred by members of the House and Senate, respectively; and provided, further, that the amount of expenses which may be reimbursed within the limits of subparagraph (C) of this paragraph for travel outside the state may be as provided by policies adopted by the Speaker of the House of Representatives and by the Senate Administrative Affairs Committee as to such expenditures of members of the House and Senate, respectively. The Legislative Services Committee is further empowered to prescribe the form of the voucher or claim which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made or any allowance shall be paid, the Legislative Services Committee shall make the final determination; except that in the event of any disagreement as to whether any reimbursement under subparagraph (C) of this paragraph shall be made for other reasonable expenses directly related to the performance of a member's duties or for travel outside the state, the Speaker of the House of Representatives shall make the final determination as to such expenses incurred by a member of the House, and the Senate Administrative Affairs Committee shall make the final determination as to such expenses incurred by a member of the Senate. In the event any reimbursement is made or any allowance is paid and it is later determined that such reimbursement or payment was made in error, the person to whom such reimbursement or payment was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement or payment which was made in error shall be realized. (23) Speaker of the House of Representatives .............17,800.00 The Speaker of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly. Upon the taking of office by the members of the General Assembly on the convening day of the regular session of the General Assembly in 1983, the annual salary of the Speaker of the House of Representatives shall become $22,800.00. After such date, the Speaker shall also receive as additional salary a sum equal to the amount of salary over $30,000.00 per annum which is received by the Lieutenant Governor as of that date or thereafter; and the salary of the Speaker shall be adjusted at the beginning of each term so as to include such additional sum. (24) President Pro Tempore of the Senate ..................4,800.00 The President Pro Tempore of the Senate shall also receive the salary and allowances authorized as a member of the General Assembly. (25) Speaker Pro Tempore of the House of Representatives ..4,800.00

The Speaker Pro Tempore of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly.

As an adjustment except as qualified below as to members and member-officers of the General Assembly, the annual salary of each state official whose salary is established by Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21, including members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, may be increased by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government. However, any increase for such officials shall not include within-grade step increases for which employees subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees, except increases for members and member-officers of the General Assembly. That portion of the increase determined by the Legislative Services Committee to reflect a cost-of-living increase based upon objective economic criteria shall become effective for members and member-officers at the same time that funds are made available for the increase for such employees. The balance of the increase for members and member-officers of the General Assembly shall become effective on the convening of the next General Assembly in January of the next odd-numbered year. The Office of Planning and Budget shall calculate the average percentage increase.

The annual salary being received on June 30, 1980, shall be increased by 8 percent for each state official listed in subsection (a) of this Code section who:

  1. Is not a member of the General Assembly; and
  2. Is not a contributing member of a state retirement system and, therefore, does not benefit by or participate in any program whereunder a portion of the employee contributions to the state retirement system are made on behalf of the employee by the employer.

(Ga. L. 1973, p. 701, § 2; Ga. L. 1978, p. 4, § 2; Ga. L. 1978, p. 902, § 1; Ga. L. 1980, p. 756, § 1; Ga. L. 1980, p. 758, § 1; Ga. L. 1980, p. 925, § 19; Ga. L. 1981, p. 894, § 1; Ga. L. 1982, p. 1255, § 1; Ga. L. 1983, p. 3, § 34; Ga. L. 1983, p. 719, § 1; Ga. L. 1983, p. 1401, § 20; Ga. L. 1983, p. 1831, §§ 1-3; Ga. L. 1984, p. 22, § 45; Ga. L. 1984, p. 444, § 1; Ga. L. 1984, p. 717, § 1; Ga. L. 1984, p. 808, §§ 1, 2; Ga. L. 1985, p. 283, § 1; Ga. L. 1985, p. 493, § 1; Ga. L. 1985, p. 524, § 1; Ga. L. 1985, p. 672, §§ 1, 2; Ga. L. 1986, p. 877, § 1; Ga. L. 1988, p. 154, § 1; Ga. L. 1988, p. 284, § 2; Ga. L. 1989, p. 212, § 1; Ga. L. 1989, p. 579, § 5; Ga. L. 1991, p. 1363, § 1; Ga. L. 1992, p. 6, § 45; Ga. L. 1994, p. 851, §§ 1, 2; Ga. L. 1994, p. 1065, § 1; Ga. L. 1995, p. 10, § 45; Ga. L. 1995, p. 1018, §§ 1, 2; Ga. L. 1996, p. 1302, § 2; Ga. L. 1999, p. 910, § 4; Ga. L. 1999, p. 1213, §§ 5, 6, 7; Ga. L. 1999, p. 1242, §§ 2, 2.1; Ga. L. 2001, p. 783, § 1; Ga. L. 2002, p. 415, § 45; Ga. L. 2006, p. 414, § 5/HB 268; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-69/HB 642; Ga. L. 2015, p. 919, § 1-9/HB 279; Ga. L. 2017, p. 579, §§ 1-1, 2-1, 2-2/HB 202; Ga. L. 2018, p. 1112, § 45/SB 365.)

Delayed effective date.

- Paragraph (a)(1), as set out above, becomes effective upon the inauguration of the Governor in January, 2019. For version of paragraph (a)(1) in effect until the inauguration of the Governor in January, 2019, see the 2017 amendment note.

The 2015 amendment, effective January 1, 2016 substituted "175,600.00" for "139,418.00" in paragraph (a)(18); substituted "174,500.00" for "138,556.00" in paragraph (a)(19), substituted "126,265.00" for "99,862.00", and deleted "Each superior court judge shall also receive any supplement paid to such judge by the county or counties of such judge's judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law." in paragraph (a)(20); and substituted "120,072.00" for "107,905.00", and deleted "Each district attorney shall also receive any supplement paid to such district attorney by the county or counties of such district attorney's judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law." in paragraph (a)(21). See editor's note for effective date.

The 2017 amendment, effective upon the inauguration of the Governor in January, 2019, substituted "$175,000.00" for "$60,000.00" in paragraph (a)(1); and, effective July 1, 2017, substituted the present provisions of subparagraph (a)(22)(C) for the former provisions, which read: "In addition to any other compensation and allowances authorized for members of the General Assembly, each member may be reimbursed for per diem differential and for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $7,000.00 per year. Expenses reimbursable up to such amount shall be limited to one or more of the following purposes: lodging, meals, per diem differential, postage, personal services, printing and publications, rents, supplies (including software), telecommunications, transportation, utilities, and purchasing or leasing of equipment. If equipment purchased by a member has a depreciated value of $100.00 or less when such member leaves office, the equipment does not need to be returned to the state. No reimbursement shall be made for any postage which is used for a political newsletter. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a supporting document or documents showing payment for each expense claimed or an explanation of the absence of such documentation. No sworn voucher or supporting document shall be required for per diem differential."; in subparagraph (a)(22)(E), substituted the present provisions of the seventh sentence for the former provisions, which read: "The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph, including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher or claim which must be submitted to the legislative fiscal office." and added the exception at the end of the ninth sentence; and, in the first sentence of subsection (b), substituted "an adjustment" for "a cost-of-living adjustment" at the beginning and deleted "general" preceding "increase in salary" near the end. See Editor's notes for applicability.

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted "the Speaker of the House of Representatives shall make" for "the Speaker of the House shall make" in the ninth sentence of subparagraph (a)(22)(E).

Cross references.

- Reimbursement of superior court judges for travel and other expenses, §§ 15-6-30et seq.

Additional compensation of district attorneys, and as to reimbursement of district attorneys and assistant district attorneys for travel expenses, § 15-18-10.

Further provisions regarding salary and allowances of members of General Assembly, Speaker of House of Representatives, and other officers, § 28-1-8.

Requirements regarding introduction of bills changing compensation for state officials or department or agency heads, § 28-5-1 et seq.

Reimbursement of expenses of state officials generally, § 45-7-20 et seq.

Recommendations of amount of compensation to be established by law for constitutional state officers, § 45-7-90 et seq.

Legal mileage allowance, § 50-19-7.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1985, "government" was substituted for "Government" in two places in paragraph (a)(9) of subsection (a).

Pursuant to Code Section 28-9-5, in 1991, the comma was deleted following "General Assembly" near the middle of subsection (b).

Pursuant to Code Section 28-9-5, in 1992, "Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21" was substituted for "Code Sections 45-7-3, this Code section, 45-7-20, and 45-7-21" in subsection (b).

Editor's notes.

- Ga. L. 1983, p. 1401, § 1, not codified by the General Assembly, provided that: "It is the intent of this Act to implement certain changes required by Article IV, Section V, Paragraph I, subparagraph (b) of the Constitution of the State of Georgia."

Ga. L. 1988, p. 284, § 3, not codified by the General Assembly, provided that the 1988 amendment would become effective on the convening date of the 1989 regular session of the General Assembly. The session convened on January 9, 1989.

Ga. L. 1989, p. 212, § 2, not codified by the General Assembly, provides that for purposes only of the general appropriations Act for the year beginning July 1, 1989, the cost-of-living adjustment provisions of subsection (b) of Code Section 45-7-4 shall not apply with respect to Justices of the Supreme Court and Judges of the Court of Appeals.

Ga. L. 1991, p. 1363, § 2, not codified by the General Assembly, provides that the 1991 amendment shall apply with respect to claims for expense reimbursements submitted on or after April 16, 1991.

Ga. L. 1996, p. 6, § 45, not codified by the General Assembly, provides: "(1) Notwithstanding the reenactment of the Official Code of Georgia Annotated by Section 54 of this Act, the increase in the amount of daily expense allowances for each member of the General Assembly which is contained in the third undesignated paragraph [now subparagraph (B)] of paragraph (22) of subsection (a) of Code Section 45-7-4, relating to annual salaries of certain state officials, shall not become effective until the date specified in the 1995 Act amending such language. Until such time, such undesignated paragraph shall read as it formerly existed."

Ga. L. 1996, p. 1302, § 3, not codified by the General Assembly, provides, in part, that the amount of daily expense allowance shall remain $59.00 until the convening date of the 1997 regular session of the General Assembly and that on and after such date the allowance shall be $75.00.

Ga. L. 1999, p. 1213, § 10, not codified by the General Assembly, provides that: "If the appropriations Act of the fiscal year beginning July 1, 1999, and ending June 30, 2000, provides a percentage increase in salary for the officials affected by this Act, as authorized in subsection (b) of Code Section 45-7-4, such percentage increase shall be cumulative and in addition to the increases provided under Section 5 (paragraphs (4) through 21 of subsection (a) of Code Section 45-7-4) of this Act."

Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

Ga. L. 2015, p. 919, § 4-1(b), not codified by the General Assembly, provides that: "(b)(1) Part I of this Act shall become effective only if funds are appropriated for purposes of Part I of this Act in an appropriations Act enacted at the 2015 regular session of the General Assembly.

"(2) If funds are so appropriated, then Part I of this Act shall become effective on July 1, 2015, for purposes of making the initial appointments of the Court of Appeals Judges created by Part I of this Act, and for all other purposes, Part I of this Act shall become effective on January 1, 2016.

"(3) If funds are not so appropriated, then Part I of this Act shall not become effective and shall stand repealed on July 1, 2015." Funds were appropriated at the 2015 session of the General Assembly.

Ga. L. 2017, p. 579, § 4-1/HB 202, not codified by the General Assembly, provides that the amendment of subparagraphs (a)(22)(C) and (a)(22)(E) and subsection (b) shall apply to expenses incurred on or after July 1, 2017.

Law reviews.

- For article discussing judicial compensation, see 14 Ga. St. B.J. 110 (1978).

JUDICIAL DECISIONS

Superior court judge was state employee.

- Trial court did not err in determining that a deceased Georgia superior court judge was a State of Georgia employee but not a county employee for purposes of the exclusive remedy provision under O.C.G.A. § 34-9-11(a) of the Georgia Workers' Compensation Act in a claim by the judge's widow against county sheriffs, arising from the murder of the judge while in a courtroom, as the judge was vested with the judicial power of the State of Georgia under Ga. Const. 1983, Art. VI, Sec. I, Para. I and was defined as a "state official" pursuant to O.C.G.A. § 45-7-4(a)(20) for compensation purposes; the fact that the county asserted that the widow could obtain workers compensation benefits and that it offered her the judge's funeral expenses, both of which sums the widow refused, or that it contributed a supplemental amount to the judge's salary, did not make the judge a county employee. Freeman v. Barnes, 282 Ga. App. 895, 640 S.E.2d 611 (2006).

OPINIONS OF THE ATTORNEY GENERAL

Taxation of expense allowances.

- Amounts paid to state officials for expenses are part of such official's gross income and are taxable to the extent that they are not used for such official business purposes. 1969 Op. Att'y Gen. No. 69-190.

Certain salary increases considered cost-of-living increases.

- Salary increases appropriated under general salary increase section of appropriations Act are considered cost-of-living increases. In other words, salary increases granted to state employees under state merit system effective July 1, 1980, are considered cost-of-living increases. 1980 Op. Att'y Gen. No. 80-129.

Effect of "general" salary increases for employees.

- The appropriation for the 1993-94 fiscal year authorizing pay raises for employees and state officers, but excluding members of the General Assembly, is consistent with state law and the Lieutenant Governor is entitled to receive a cost-of-living adjustment (COLA). 1993 Op. Att'y Gen. No. U93-13.

Intent of subsection (c) was to increase take-home income of certain state employees and officials by requiring an employer to pay a large portion of contribution previously paid by a member to state retirement programs. 1980 Op. Att'y Gen. No. 80-129.

Effect of O.C.G.A.

§ 45-7-4(c) on salary of district attorney. - Subsection (c) of this section was intended to increase the salary of a district attorney, whose salary is set by this section by eight percent if that district attorney did not receive advantage of employer pick-up of contributions to district attorney's retirement system. 1980 Op. Att'y Gen. No. 80-129.

Eight percent salary increase calculated on basis of pre-July 1, 1980, salary.

- Eight percent salary increase received by members of Employees' Retirement System who attain 34 years of creditable service and elect to discontinue employee contributions during fiscal year 1981 should be calculated on salary received by such members as of June 30, 1980, prior to 1.75 percent salary increase granted on July 1, 1980. 1980 Op. Att'y Gen. No. 80-139.

Calculation of commissioner of revenue's salary on July 1, 1983.

- With respect to the present commissioner of revenue, the proper calculation of the commissioner's salary on July 1, 1983, would be as follows: (1) statutory salary as of July 1, 1983, is $49,900 pursuant to O.C.G.A. § 45-7-5(a)(12); (2) to this amount should be added eight percent of salary as of June 30, 1980, pursuant to the provisions of O.C.G.A. § 45-7-5(c); and (3) the four percent cost-of-living increase provided by the "General Appropriations Act", Ga. L. 1983, p. 1603, should then be calculated on and added to this base to reach the correct total salary which became effective on July 1, 1983. 1983 Op. Att'y Gen. No. U83-45.

Lieutenant Governor's salary.

- The Lieutenant Governor, as an officer whose salary is set by O.C.G.A. § 45-7-5, must be given the percentage increase or $1000 maximum. The salary of the Speaker, however, must be adjusted at the beginning of the next term to include the increase given the Lieutenant Governor. 1992 Op. Att'y Gen. No. U92-19.

Percentage increases for members of General Assembly.

- The members of the General Assembly must be given one-half the percentage increase given employees of the executive, judicial, and legislative branches when the employees receive it. 1992 Op. Att'y Gen. No. U92-19.

Increase in salary supplement for superior court judges.

- A county commission may increase the annual salary supplement for superior court judges beyond the minimum provided for by local legislation. 1996 Op. Att'y Gen. No. U96-2.

Reimbursed items are property of the state.

- Items purchased by legislators for the performance of duties as a member of the General Assembly, for which legislators are reimbursed pursuant to O.C.G.A. § 45-7-5(a)(22), are property of the state and may not be retained by legislators as personal property. 1992 Op. Att'y Gen. No. 92-33.

Unauthorized disposal of reimbursement items.

- The Legislative Services Committee does not have the authority to dispose of the items purchased pursuant to the reimbursement provisions of O.C.G.A. § 45-7-5(a)(22), since the General Assembly has specifically empowered the Department of Administrative Services to dispose of state surplus property under O.C.G.A. § 50-5-140 et seq. 1994 Op. Att'y Gen. No. U94-3.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 278.

C.J.S.

- 67 C.J.S., Officers and Public Employees, §§ 382, 388.

ALR.

- Validity of waiver of, or agreement to waive, disability benefit, annuity, pension, or bonus incident to public office or employment, 125 A.L.R. 728.

Validity and effect of agreement by public officer or employee to accept less than compensation of fees fixed by law, or of acceptance of reduced amount, 160 A.L.R. 490.

Constitutional provision fixing or limiting salary of public officer as precluding allowance for expenses or disbursements, 5 A.L.R.2d 1182.

No results found for Georgia Code 45-7-4.