O.C.G.A.

O.C.G.A. § 47-7-1 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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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As used in this chapter, the term:

(1) ‘‘Board’’ means the Board of Trustees of the Georgia Firefighters’ Pension Fund.

(2) ‘‘Fire department’’ means a full-time fire department or volunteer fire department or a combination full-time and volunteer fire department which satisfies the following criteria:

(A) The fire department is certified by the superintendent of the Georgia Firefighter Standards and Training Council as provided in Article 1 of Chapter 4 of Title 25; and

(B) The public fire suppression facilities of the fire department are ratable not less favorably than a class nine rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by a rating organization licensed by the Commissioner of Insurance performing similar rating functions which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner.

The board may require annual certification by the chief of a fire department of the satisfaction of such requirements as a condition to the eligibility of firefighters and volunteer firefighters to become members of the fund to obtain creditable service with the fund.

(3) ‘‘Firefighter’’ means a person who is:

(A) A full-time employee of a fire department who in the course of his or her employment by and within a department either is a candidate for or holds a current firefighter’s certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services; or

(B) Appointed and regularly enrolled as a volunteer with a volunteer fire department or combination full-time and volunteer fire department which satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23 and who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires.

(3.1) ‘‘Full-time employment’’ means working at a permanent job position for at least 40 hours a week.

(4) ‘‘Full-time fire department’’ means a full-time department, bureau, division, or other organizational unit, separately organized and administered as such, of this state or any municipality or other political subdivision thereof, which organizational unit:

(A) Has, as an organizational unit, the principal responsibility to prevent and suppress fires; and

(B) Is financed by public appropriation or subscription and is not privately owned. A full-time fire department includes the fire chief or chief operating officer of the organizational unit and only those employees who are under the direction and supervision of the fire chief or chief operating officer.

(5) ‘‘Fund’’ means the Georgia Firefighters’ Pension Fund.

(5.1) ‘‘Part-time employment’’ means working at a permanent job position for less than 40 hours a week.

(6) ‘‘Volunteer fire department’’ means a volunteer fire department staffed by firefighters, volunteer firefighters, or a combination of firefighters and volunteer firefighters, separately organized and administered as such, of this state or any municipality or other political subdivision of this state or serving any fire district therein, which:

(A) Has the principal responsibility to prevent and suppress fires;

(B) Is financed by public appropriation or subscription and is not privately owned;

(C) Holds drills and meetings of not less than eight hours monthly; and

(D) Meets the requirements imposed by Code Section 47-7-81.

(7) ‘‘Volunteer firefighter’’ means an individual who is appointed and regularly enrolled as a volunteer, with or without compensation, with a fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23.

History

(Ga. L. 1955, p. 339, § 1; Ga. L. 1956, p. 368, § 1; Ga. L. 1961, p. 417, § 1; Ga. L. 1974, p. 377, § 1; Ga. L. 1976, p. 241, §§ 1, 2; Ga. L. 1983, p. 1310, § 1; Ga. L. 1985, p. 209, § 1; Ga. L. 1991, p. 755, § 2; Ga. L. 1992, p. 477, § 1; Ga. L. 1994, p. 703, § 1; Ga. L. 1995, p. 27, § 1; Ga. L. 1995, p. 1064, § 1; Ga. L. 1997, p. 1376, § 1; Ga. L. 2006, p. 120, § 1/HB 749; Ga. L. 2006, p. 122, §§ 1, 2, 3, 4/HB 344; Ga. L. 2010, p. 197, §§ 1, 2/HB 1150.)

Annotations

Cross references. - Volunteer firefighters for counties and municipalities, § 36-60-22.

Code Commission notes. - The amendment of former subparagraphs (A) and (B) of paragraph (3) of this Code section by Ga. L. 2006, p. 120, § 1, irreconcilably conflicted with and was treated as superseded by Ga. L. 2006, p. 122, § 1. See County of Butts v. Strahan, 151 Ga. 417 (1921). Pursuant to Code Section 28-9-5, in 2006, ‘‘who is: (A) A full-time’’ was substituted for ‘‘who is a full-time’’ in paragraph (3).

OPINIONS OF THE ATTORNEY GENERAL Full-time firefighter’s membership not lost if utilized as police officer. - Firefighter employed full time and in accordance with this statute would not lose the firefighter’s right to membership in the fund if the employing city utilized the firefighter as a police officer. 1971 Op. Att’y Gen. No. U71-15 (see O.C.G.A. § 47-7-1). ‘‘Fireman’’ defined. - Scope of Georgia

Firemen’s Pension Fund’s participation should not be extended to employees who are placed on fire department’s payroll merely by local government’s administrative classification. 1982 Op. Att’y Gen. No. U82-17. Determination of membership. - Board of Trustees of the Georgia Firemen’s Pension Fund is duly empowered to make fac-

tual determination of whether an applicant is employed by and working for a fire department or whether the applicant is merely working out of a fire department. 1982 Op. Att’y Gen. No. U82-17. Volunteer firefighter attending required percentage of drills, meetings, and fires entitled to credit. - Volunteer firefighter who attends the annual required percentage of the composite total number of drills, meetings, and fires in a calendar year is entitled to credit for that year. 1960-61 Op. Att’y Gen. p. 325. No credit received when unexcused absences more than 50 percent. - Volunteer firefighter may not receive credit under the fund for calendar years of service in which

the firefighter did not attend 75 percent (now 50 percent) of all drills, meetings, and fires; however, the board of trustees is authorized and empowered to excuse volunteer firefighters from the required attendance percentage at drills, meetings, and fires of their respective departments so long as the attendance is prevented by causes beyond the control of the volunteer firefighters. 1974 Op. Att’y Gen. No. U74-8. Only actual fires included in reports of volunteer firefighter participation. - Only actual fires, and not nonfire rescue calls, should be included in reports of participation by volunteer firefighters. 1973 Op. Att’y Gen. No. U73-104.

RESEARCH REFERENCES C.J.S. - 62 C.J.S., Municipal Corporations, § 535 et seq.

Notes of Decisions
Cited in 2 cases, 1993–1996 · leading case: Belk v. Westbrooks, 469 S.E.2d 149 (Ga. 1996).
Belk v. Westbrooks, 469 S.E.2d 149 (Ga. 1996). · cites it 18× “Membership in the Fund is voluntary, however it is limited to firemen and volunteer firemen affiliated, either as employees or volunteers, with "full-time fire departments", OCGA § 47-7-1 (4), or "volunteer fire departments", OCGA § 47-7-1 (6), which are rated between Class 1…”
Washington v. Georgia Firemen's Pension Fund, 438 S.E.2d 118 (Ga. Ct. App. 1993). · cites it 6× “He applied for disability retirement benefits pursuant to OCGA § 47-7-1 et seq. He was examined by a doctor who verified that he was physically disabled, but who also concluded that Washington’s disability was partially the result of mental problems.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.