TITLE 47 RETIREMENT AND PENSIONS

Section 17. Peace Officers' Annuity and Benefit Fund, 47-17-1 through 47-17-105.

ARTICLE 1 GENERAL PROVISIONS

47-17-1. Definitions.

As used in this chapter, the term:

"Board" means the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund.
(1.1) "Creditable service" means approved prior service plus membership service.
"Fund" means the Peace Officers' Annuity and Benefit Fund.
"Income" means any and all income received by a peace officer for services rendered, whether such income is in the form of salary, fees, subsistence allowance or other type of allowance, or any combination thereof.
"Member" means a member of the Peace Officers' Annuity and Benefit Fund.
(4.1) "Membership service" means service which is rendered by an employee while he or she is a member of the fund and for which credit is allowable under this chapter.
"Peace officer" means:
1. Any peace officer who is employed by this state or any municipality, county, or other political subdivision thereof who is required by the terms of such peace officer's employment, whether by election or appointment, to give such peace officer's full time to the preservation of public order, the protection of life and property, or the detection of crime in this state or any municipality, county, or other political subdivision thereof and who is required by the terms of such peace officer's employment to comply with the requirements of the "Georgia Peace Officer Standards and Training Act" contained in Chapter 8 of Title 35, provided that, for the purposes of this chapter, any deputy sheriff employed as such by a sheriff of this state shall be deemed to be employed by the county in which such sheriff serves;
2. Any warden or correction officer of state or county correctional institutions and any warden or correction officer of municipal correctional institutions of a municipality having a population of 70,000 or more according to the United States decennial census of 1970 or any future such census who is required by the terms of his or her employment as such warden or correction officer to give his or her full time to his or her job as such warden or correction officer; and any warden or correction officer of a municipal correctional institution who on or before October 1, 1962, pays dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members during such periods are entitled, provided that any such warden or correction officer as provided in this subparagraph is required by the terms of his or her employment to comply with the requirements of the "Georgia Peace Officer Standards and Training Act" contained in Chapter 8 of Title 35;
3. All employees of the Peace Officers' Annuity and Benefit Fund who are required by the terms of their employment to devote their full time to such job; and any such full-time employee who on or before October 1, 1962, paid dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members are entitled;
4. Any parole officers who are required by the terms of their employment to devote full time to their job;
5. Any law enforcement employee of the Alcohol and Tobacco Tax Unit of the Department of Revenue who is required by the terms of his or her employment to devote his or her full time to his or her job as a law enforcer, and any supervisor of such employees who, himself or herself, is assigned to the Alcohol and Tobacco Tax Unit and who is required by the terms of his or her employment to have arrest powers and to enforce the alcohol and tobacco tax laws;
6. Any person employed by the Department of Transportation who is designated by the commissioner of transportation as an enforcement officer pursuant to Code Section 32-6-29, provided that such enforcement officers shall be entitled to creditable service toward retirement only for membership service rendered after April 5, 1978, and only for membership service which is rendered in such capacity prior to July 1, 2001;
7. Any full-time identification technician or identification supervisor employed by this state, or any subdivision or municipality thereof, whose duties include the investigation and detection of crime or whose duties are supervisory over those identification technicians whose duties include the investigation and detection of crime in this state, and who has been considered a member of the Peace Officers' Annuity and Benefit Fund, and paid dues thereto, at any time on or before July 1, 1981; and such identification technicians and identification supervisors shall be deemed to have been members for such prior period of service that dues were paid and shall be entitled to all rights and benefits to which other members are entitled;
8. Reserved;
9. Persons in the categories listed below who are required, as a condition necessary to carry out their duties, to be certified as peace officers pursuant to the provisions of Chapter 8 of Title 35, known as the "Georgia Peace Officer Standards and Training Act":
  1. Persons employed by the Department of Juvenile Justice who have been designated by the commissioner of juvenile justice to investigate and apprehend delinquent children or children in need of services who have escaped from an institution or facility or have broken their conditions of supervision; any employee of the Department of Juvenile Justice whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent children or children in need of services in its institutions, facilities, or programs or who is a line supervisor of any such employee, provided that the powers of a peace officer have been conferred upon such person pursuant to Chapter 4A of Title 49;
  2. Narcotics agents retained by the director of the Georgia Bureau of Investigation pursuant to the provisions of Code Section 35-3-9;
  3. Investigators employed by the Secretary of State as securities investigators pursuant to the provisions of Code Section 10-5-10;
  4. Investigators employed by the Secretary of State as investigators for the professional licensing boards pursuant to the provisions of Code Section 43-1-5;
  5. Persons employed by the Department of Driver Services to whom the commissioner of driver services has delegated law enforcement powers; provided, however, that no such person shall be entitled to obtain any prior creditable service other than actual membership service;
  6. Persons employed by the Georgia Composite Medical Board as investigators pursuant to subsection (e) of Code Section 43-34-6; and
  7. Persons employed by the Georgia Board of Dentistry as investigators pursuant to subsection (d) of Code Section 43-11-2.1;
10. Any person who was a member of the fund pursuant to the definitions contained in subparagraphs (A) through (I) of this paragraph and who is subsequently promoted to a position of similar duties but broader supervisory duties, if such person's new position requires him or her to comply with the standards contained in Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," and such person retains his or her powers of arrest; and
11. Any employee of the Department of Corrections whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of inmates and detainees or who is a line supervisor of any such employee, provided that all such persons are required to comply with the requirements of Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," in order to hold their positions and in addition have been conferred with the powers of a police officer pursuant to Code Section 42-5-35.
"Service," as used to determine the amount of annuities or benefits due any beneficiary under this chapter, means the total number of years in the aggregate actually served by a peace officer, computed from the date such peace officer began his service as a peace officer.

(Ga. L. 1950, p. 50, § 8; Ga. L. 1951, p. 472, § 2; Ga. L. 1956, p. 280, § 7; Ga. L. 1958, p. 341, § 3; Ga. L. 1962, p. 39, § 3; Ga. L. 1970, p. 199, § 1; Ga. L. 1973, p. 63, § 2; Ga. L. 1974, p. 1201, § 1; Ga. L. 1978, p. 1921, § 1; Ga. L. 1981, p. 710, § 1; Ga. L. 1982, p. 3, § 47; Ga. L. 1987, p. 1062, § 1; Ga. L. 1988, p. 1479, § 1; Ga. L. 1989, p. 228, § 1; Ga. L. 1990, p. 540, § 1; Ga. L. 1992, p. 477, § 1; Ga. L. 1992, p. 1983, § 23; Ga. L. 1994, p. 320, § 1; Ga. L. 1994, p. 776, §§ 1, 2; Ga. L. 1995, p. 27, § 1; Ga. L. 1996, p. 381, § 1; Ga. L. 1996, p. 950, § 8; Ga. L. 1997, p. 1453, §§ 1, 2; Ga. L. 1998, p. 165, § 1; Ga. L. 2000, p. 1449, § 9; Ga. L. 2000, p. 1706, § 19; Ga. L. 2002, p. 440, § 1; Ga. L. 2008, p. 145, § 1/HB 732; Ga. L. 2009, p. 368, § 1/SB 48; Ga. L. 2010, p. 1207, § 64/SB 436; Ga. L. 2014, p. 393, § 1/SB 339; Ga. L. 2018, p. 179, § 1/HB 398.)

The 2008 amendment, effective July 1, 2008, in subdivision (5)(I)(iv), deleted "and" at the end; in subdivision (5)(I)(v), added "and" at the end; and added subdivision (5)(I)(vi).

The 2009 amendment, effective April 30, 2009, part of an Act to revise, modernize, and correct this title, in division (5)(I)(v), substituted "Department of Driver Services" for "Department of Motor Vehicle Safety" and substituted "commissioner of driver services" for "commissioner of motor vehicle safety".

The 2010 amendment, effective July 1, 2010, substituted "Georgia Composite Medical Board" for "Composite State Board of Medical Examiners" in division (5)(I)(vi).

The 2014 amendment, effective April 21, 2014, part of an Act to revise, modernize, and correct this title, in division (5)(I)(i), substituted "delinquent children or children in need of services" for "delinquent and unruly children" twice, and deleted the comma following "programs".

The 2018 amendment, effective July 1, 2018, deleted "and" at the end of division (5)(I)(v); substituted "43-34-6; and" for "43-34-24.1;" at the end of division (5)(I)(vi); and added division (5)(I)(vii).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1998, in division (5)(I)(i),"Juvenile Justice" was substituted for "Children and Youth Services" in two places and "juvenile justice" was substituted for "children and youth services".

Editor's notes.

- Ga. L. 2009, p. 859, § 1, effective July 1, 2009, redesignated former Code Section 43-34-24.1, referred to in division (5)(I)(vi) of this Code section, as present Code Section 43-34-6.

Ga. L. 2010, p. 1207, § 1, not codified by the General Assembly, provides that: "The intent of this Act is to repeal obsolete and inoperative provisions and to make certain stylistic corrections in Title 47 of the Official Code of Georgia Annotated. Nothing in this Act shall deny, abridge, increase, renew, revive, or on any way affect any right, benefit, option, credit, or election to which any person was entitled pursuant to such title on June 30, 2010, and the board of trustees of each public retirement system is authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this Act; provided, however, that any such right, benefit, option, credit, or election shall be subject to the statutory provisions in effect on June 30, 2010."

Ga. L. 2010, p. 1207, § 67, not codified by the General Assembly, provides that: "In the event of an irreconcilable conflict between a provision of Sections 62 through 64 of this Act and a provision of another Act enacted at the 2010 regular session of the General Assembly, the provision of such other Act shall control over this Act to the extent of the conflict."

JUDICIAL DECISIONS

In determining whether a person is a "peace officer" as contemplated by this statute, the court has stressed the duties which the law imposes upon the person. Fleming v. Maddox, 225 Ga. 737, 171 S.E.2d 276 (1969) (see O.C.G.A. § 47-17-1).

In determining the question of whether or not a party is a peace officer authorizing the party's membership in the fund, the party's authority to act as a peace officer "must be found in some public law." Fleming v. Maddox, 225 Ga. 737, 171 S.E.2d 276 (1969).

Party's classification by the personnel board as a civilian employee, the party's membership in the city's general pension fund, and the fact that the party does not wear a uniform or receive a uniform allowance are immaterial in determining whether the party is a "peace officer" within the statutory definition. Fleming v. Maddox, 225 Ga. 737, 171 S.E.2d 276 (1969).

County work camp guards are "peace officers."

- County work camp guards may be "peace officers" within the meaning of O.C.G.A. § 47-17-1 whether or not the guards carry weapons during working hours. Priest v. Peace Officers' Annuity & Benefit Fund, 248 Ga. 603, 284 S.E.2d 257 (1981).

Custodial and supervisory duties of county work camp employee over inmates qualify employee as a "guard," hence a "peace officer" under O.C.G.A. § 47-17-1 whether or not the employee carried weapons during working hours. Berry v. Peace Officers' Annuity & Benefit Fund, 248 Ga. 810, 286 S.E.2d 28 (1982).

"Public order" means the tranquility and security which every person feels under the protection of the law, a breach of which is an invasion of the protection which the law affords. Board of Comm'rs v. Clay, 214 Ga. 70, 102 S.E.2d 575 (1958); Fleming v. Maddox, 225 Ga. 737, 171 S.E.2d 276 (1969).

To preserve the public peace means to secure that quiet and freedom from disturbance which is guaranteed by the law. Board of Comm'rs v. Clay, 214 Ga. 70, 102 S.E.2d 575 (1958); Fleming v. Maddox, 225 Ga. 737, 171 S.E.2d 276 (1969).

Rights of "life" and "property" embrace every right of the citizen which the law protects, and includes all liberties, whether personal, civil or political. Board of Comm'rs v. Clay, 214 Ga. 70, 102 S.E.2d 575 (1958); Fleming v. Maddox, 225 Ga. 737, 171 S.E.2d 276 (1969).

"The detection of crime" means the investigation and discovery of violators of all public laws. Fleming v. Maddox, 225 Ga. 737, 171 S.E.2d 276 (1969).

Deputy sheriff paid by corporation not "peace officer."

- One who was appointed deputy sheriff because a corporation desired additional law enforcement protection, whose regular salary was paid by the corporation and who received fees amounting from $75.00 to $150.00 per year from the sheriff, was not a "peace officer" within the meaning of this statute. Vandiver v. Carlin, 217 Ga. 515, 123 S.E.2d 548 (1962) (see O.C.G.A. § 47-17-1).

Inspectors of motor vehicles for hire, employed by the Georgia Public Service Commission, are not "peace officers" as defined by this statute, so as to make the inspectors eligible for membership in the Peace Officers' Annuity and Benefit Fund. Board of Comm'rs v. Clay, 214 Ga. 70, 102 S.E.2d 575 (1958) (see O.C.G.A. § 47-17-1).

Cited in McCallum v. Almand, 213 Ga. 701, 100 S.E.2d 924 (1957); Griffin v. Bass, 96 Ga. App. 892, 102 S.E.2d 64 (1958); McCallum v. Quarles, 214 Ga. 192, 104 S.E.2d 105 (1958); Carter v. Haynes, 228 Ga. 462, 186 S.E.2d 115 (1971); Smith v. Price, 616 F.2d 1371 (5th Cir. 1980).

OPINIONS OF THE ATTORNEY GENERAL

Security officers at Georgia Tech are eligible to be participating members of the Peace Officers' Annuity and Benefit Fund. 1960-61 Op. Att'y Gen. p. 330.

State game protector or deputy state game protector would come within the classification of a "Peace Officer" as defined in this statute. 1950-51 Op. Att'y Gen. p. 91 (see O.C.G.A. § 47-17-1).

Parole review officers employed by the State Board of Pardons and Paroles are entitled to membership in the Peace Officers' Annuity and Benefit Fund. 1975 Op. Att'y Gen. No. U75-30.

Parks Department (now Department of Natural Resources) employees.

- Since the peace officer authority of Parks Department (now Department of Natural Resources) employees is limited to enforcing laws on state park property, and since the employees will not be devoting full time to work as general law enforcement officers, they are not eligible for participation in the Peace Officers' Annuity and Benefit Fund. 1971 Op. Att'y Gen. No. 71-155.

District attorney does not fit under any definition of a law enforcement officer or peace officer in this state. 1980 Op. Att'y Gen. No. U80-33.

Tax collectors and tax commissioners who become ex officio sheriffs under O.C.G.A. § 48-5-137 are not thereby rendered "peace officers" eligible for membership in the Peace Officers' Annuity and Benefit Fund. 1982 Op. Att'y Gen. No. U82-9.

Hospital authority as "employer."

- Hospital authority does not satisfy the statutory definition of an "employer" under the Act governing the Peace Officer and Annuity Benefit Fund and therefore, its security personnel are not entitled to membership in that Fund. 1991 Op. Att'y Gen. No. U91-12.

RESEARCH REFERENCES

C.J.S.

- 63 C.J.S., Municipal Corporations, § 473. 67 C.J.S., Officers and Public Employees, §§ 8 et seq., 68 et seq. 72 C.J.S., Prisons, § 12 et seq. 80 C.J.S., Sheriffs and Constables, § 1 et seq.

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