TITLE 47
RETIREMENT AND PENSIONS
Section 17. Peace Officers' Annuity and Benefit Fund, 47-17-1 through 47-17-105.
ARTICLE 2
ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND
47-17-20. Membership of the board; manner of appointment; filling of vacancies; reimbursement of expenses; election of officers; quorum.
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In order to carry out this chapter and to perform the duties fixed in it, there is created the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund. The board shall be composed of six members, as follows:
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The Governor or the Governor's designee;
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An appointee of the Governor who is not the Attorney General;
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The Commissioner of Insurance or the Commissioner's designee;
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A peace officer actively employed by an agency of the state or a retired peace officer who was employed by an agency of the state upon retirement;
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A peace officer actively employed by a county or a retired peace officer who was employed by a county upon retirement; and
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A peace officer actively employed by a municipality or a retired peace officer who was employed by a municipality upon retirement.
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Each of the members provided for under paragraphs (4), (5), and (6) of subsection (a) of this Code section shall be an active member of the fund or a retired peace officer who is a beneficiary of the fund. Each such member shall be appointed by the Governor to take office on July 1, 1984. The initial member appointed pursuant to paragraph (4) of subsection (a) of this Code section shall be the successor to incumbent board member, Sergeant Robert Brown, whose regular term of office expires October 31, 1984, and the term of said incumbent member is shortened to expire on June 30, 1984; and the initial term of the successor appointed by the Governor shall be one year. The initial member appointed pursuant to paragraph (5) of subsection (a) of this Code section shall be the successor to incumbent board member, Captain Raymond Purvis, whose regular term of office expires on October 31, 1985, and the term of said incumbent member is shortened to expire on June 30, 1984; and the initial term of the successor appointed by the Governor shall be two years. The initial member appointed pursuant to paragraph (6) of subsection (a) of this Code section shall be the successor to incumbent board member, Sergeant Terry McAfee, whose regular term of office expires October 31, 1984, and the term of said incumbent member is shortened to expire on June 30, 1984; and the initial term of the successor appointed by the Governor shall be three years. Thereafter, successors to such members shall be appointed by the Governor to take office upon the expiration of the respective terms of office for terms of three years. All such members shall serve until their successors are appointed and qualified.
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If a vacancy occurs in a position on the board held by one of the members appointed pursuant to subsection (b) of this Code section, the Governor shall fill such vacancy for the unexpired term within 30 days after the date the vacancy occurred. The members of the board shall receive the same expense allowance as that received by members of the General Assembly and the same mileage allowance for the use of a personal automobile as that received by other state officials or employees or a travel allowance of actual transportation costs if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of the member's duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal automobile as that received by other state officials and employees or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. The board, by regulation, shall provide for the submission and approval of expense vouchers in conformity with the requirements of this subsection.
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The board shall elect from its members a chairman and a vice-chairman.
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A majority of the members of the board shall constitute a quorum for the purpose of transacting all business that may come before the board.
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The executive committee of the Peace Officers' Association of Georgia shall submit to the Governor a list of three names for each person to be appointed by the Governor pursuant to subsection (b) of this Code section as a member of the board. In making appointments pursuant to subsection (b) of this Code section, the Governor may consider the names submitted by the executive committee, but it is specifically provided that the appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to choose any appointee from names submitted by the executive committee.
(Ga. L. 1950, p. 50, §§ 1, 2; Ga. L. 1956, p. 280, § 1; Ga. L. 1958, p. 341, § 1; Ga. L. 1959, p. 330, § 1; Ga. L. 1962, p. 39, § 1; Ga. L. 1984, p. 926, § 1; Ga. L. 1988, p. 426, § 1.)
Cross references.
- Expense allowances for General Assembly members,
§
28-1-8.
Editor's notes.
- Ga. L. 1984, p. 926,
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2, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor [March 28, 1984] or upon its otherwise becoming law for the purpose of allowing the Governor to consider appointments pursuant to said quoted Code Section 47-17-20 of Section 1 of this Act. This Act shall become effective for all purposes on July 1, 1984."
OPINIONS OF THE ATTORNEY GENERAL
Purchase of real estate for construction of offices.
- Peace Officers' Annuity and Benefit Fund Commissioners have legal authority to construct an office building for use by the fund, and for lease or rent to other occupants. The Peace Officers' Annuity and Benefit Fund Commissioners are required to submit an application to purchase the real estate contemplated to the Georgia Real Estate Investment Board (now abolished) for the Board's approval, disapproval, or rejection. 1962 Op. Att'y Gen. p. 369.
RESEARCH REFERENCES
C.J.S.
- 67 C.J.S., Officers and Public Employees,
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313.