TITLE 47 RETIREMENT AND PENSIONS

Section 1. General Provisions, 47-1-1 through 47-1-86.

ARTICLE 2 RESTRICTIONS AND PROHIBITIONS ON MEMBERSHIP IN PUBLIC RETIREMENT OR PENSION SYSTEMS

47-1-20. Definitions.

As used in this article, the term:

1. "Conviction" means a judgment of conviction for the commission of a crime which is entered upon a verdict or plea of guilty.

   (1.1) "Drug related crime" means a felony specified in subsection (b) of Code Section 16-13-30 and any felony specified in Code Section 16-13-31.

   (1.2) "Economic impact of a public employment related crime" means the total of the economic gain to the perpetrator of a public employment related crime and the economic loss to the public entity.

2. "Employee contribution" means that part of the compensation of a public employee which is paid by the employee or by the employer on the employee's behalf to a public retirement system as a requirement for membership in the public retirement system.
3. "Final conviction" means a conviction which has been upheld after the convicted person has exhausted all appeals of the conviction.
4. "Political subdivision" means any county, municipality, or local school district.
5. "Public employee" means elected and appointed officials and employees of the state or any branch, department, board, bureau, commission, authority, or other agency of the state and elected and appointed officials and employees of any political subdivision or authority or other agency of a political subdivision.
6. "Public employment related crime" means any one or more of the following crimes:
   1. Theft as provided in any one or more of Code Sections 16-8-2 through 16-8-9 when the theft is by an officer or employee of a government in breach of duties as such officer or employee and conviction for such crime is punishable under paragraph (3) of subsection (a) of Code Section 16-8-12;
   2. Any felony provided for in Article 1 of Chapter 10 of Title 16, relating to abuse of governmental office;
   3. Making false statements or concealing facts in matters within the jurisdiction of the state or a political subdivision as provided in Code Section 16-10-20;
   4. Conspiracy to defraud the state or a political subdivision as provided in Code Section 16-10-21;
   5. Stealing, altering, or concealing public records as provided in Code Section 45-11-1;
   6. Selling offices or dividing fees as provided in Code Section 45-11-2; and
   7. Any felony conviction for any of the crimes specified in subparagraphs (A) through (E) of this paragraph under the laws of any other state or the United States; provided, however, that the provisions of this subparagraph shall apply to persons who first or again become members of a public retirement system on or after July 1, 2008.
7. "Public retirement system" means any retirement or pension system now or hereafter created by or pursuant to the authority of Georgia law or the Constitution of Georgia which has public employees as members of the retirement or pension system.
8. "Vested" means having sufficient creditable service as a member of a public retirement system to qualify to receive a retirement benefit upon retirement or termination from public service or upon attaining retirement age if public service is terminated prior to attaining such age.

(Code 1981, §47-1-20, enacted by Ga. L. 1985, p. 1624, § 1; Ga. L. 1990, p. 2019, § 1; Ga. L. 2004, p. 365, § 1; Ga. L. 2008, p. 126, §§ 1, 2/HB 255; Ga. L. 2009, p. 368, § 1/SB 48.)

The 2008 amendment, effective July 1, 2008, added paragraph (1.2); in subparagraph (6)(E), deleted "and" from the end; in subparagraph (6)(F), substituted "; and" for a period at the end; and added subparagraph (6)(G).

The 2009 amendment, effective April 30, 2009, part of an Act to revise, modernize, and correct this title, in paragraph (1.2), substituted "public employment related" for "public related" and substituted "a public employment related" for "an employment related".