reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 1 - STATE EMPLOYEES' HEALTH INSURANCE PLAN (§§ 45-18-1 — 45-18-28) › Part 2 - GEORGIA STATE EMPLOYEES POST-EMPLOYMENT HEALTH BENEFIT FUND (§§ 45-18-24 — 45-18-28) › Section 45-18-27 - Control of fund by commissioner; obligations to be paid from fund; investment powers; prohibition against personal interest

(a)
Subject to the supervision of the board, the commissioner shall have control over the fund established by this part. The obligations provided for in this part and all administrative expenses shall be paid from the fund. The department may expend moneys from the fund for any purpose authorized by this part.
(b)
Subject to the supervision of the board, the commissioner shall have full power to invest and reinvest its assets, subject to all of the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of Title 47, the "Public Retirement Systems Investment Authority Law" for large retirement systems. Subject to such terms, conditions, limitations, and restrictions, the commissioner shall have full power to hold, purchase, sell, assign, transfer, and dispose of any securities and investments in which any of the moneys are invested, including the proceeds of any investments and other moneys belonging to the fund. The records maintained by the fund shall have the same exemption from public inspection as that provided in Code Section
47-1-14
.
(c)
Except as otherwise provided in this part, no member of the board or employee of the department shall have any personal interest in the gains or profits from any investment made by the board or use the assets of the fund in any manner, directly or indirectly, except to make such payments as may be authorized by the board or by the commissioner as the executive officer of the board in accordance with this part.
Added by 2009 Ga. Laws 19,§ 2, eff. 4/21/2009.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 1 - STATE EMPLOYEES' HEALTH INSURANCE PLAN (§§ 45-18-1 — 45-18-28) › Part 2 - GEORGIA STATE EMPLOYEES POST-EMPLOYMENT HEALTH BENEFIT FUND (§§ 45-18-24 — 45-18-28) › Section 45-18-28 - Minimum annual required contributions; employer responsibilities

(a)
The board shall annually determine the minimum annual required contributions sufficient to maintain the fund in an actuarially sound manner in accordance with Governmental Accounting Standards Board Statement No. 43 or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund.
(b)
The board may annually establish required employer contributions to the fund which are supplemental to required employer contributions to the health plans as set forth in Part 1 of this article.
(c)
It shall be the responsibility of state agencies to make contributions to the fund, subject to appropriations, in accordance with the employer contribution rate established by the board.
(d)
It shall be the responsibility of all other employers to make contributions to the fund in accordance with the employer contribution rates established by the board.
Added by 2009 Ga. Laws 19,§ 2, eff. 4/21/2009.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 2 - DEFERRED COMPENSATION PLANS (§§ 45-18-30 — 45-18-38) › Section 45-18-30 - "Employee" defined

As used in this article, the term "employee" means any person, whether appointed or elected, who provides services for the state, including any state authority authorized to participate in the Employees' Retirement System of Georgia under Chapter 2 of Title 47, or for a county, municipality, or other political subdivision and who is paid for providing such services.
Amended by 2005 Ga. Laws 23,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 2 - DEFERRED COMPENSATION PLANS (§§ 45-18-30 — 45-18-38) › Section 45-18-31 - Deferred compensation plans authorized for state, municipalities, counties, or other political subdivisions

The state or any county, municipality, or other political subdivision may contract with any employee to defer, in whole or in part, any portion of such employee's compensation under a deferred compensation plan; and the state, county, municipality, or other political subdivision may provide the deferred compensation plan itself or it may contract with any company qualified to do business in this state to provide such benefits.
Amended by 2005 Ga. Laws 23,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 2 - DEFERRED COMPENSATION PLANS (§§ 45-18-30 — 45-18-38) › Section 45-18-33 - Payments from deferred compensation funds for purchase of insurance, endowments, annuities, mutual funds, or savings from funds derived from deferral; custodian of assets of the fund

Notwithstanding any other provision of law to the contrary, in order to carry out the provisions of the deferred compensation plan, the state or any county, municipality, or other political subdivision is authorized to make payments for the purchase of insurance, endowments, annuities, mutual funds, or savings from funds derived from the deferral of compensation. Such payments shall not be construed to be a prohibited use of the general assets of the state, county, municipality, or other political subdivision. The Board of Trustees of the Employees' Retirement System of Georgia or the administrator of the plan shall have the power to arrange for a custodian for the holding of such insurance policies, funds, investments, and other assets of the fund.
Amended by 2005 Ga. Laws 23,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 2 - DEFERRED COMPENSATION PLANS (§§ 45-18-30 — 45-18-38) › Section 45-18-34 - Plans not to reduce pensions or other benefits

The deferred compensation programs authorized by this article shall exist and serve in addition to retirement, pension, or benefit systems established by the state, county, municipality, or other political subdivision; and no deferral of income under the deferred compensation program shall effect a reduction of any retirement, pension, or other benefit provided by law.
Amended by 2005 Ga. Laws 23,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 2 - DEFERRED COMPENSATION PLANS (§§ 45-18-30 — 45-18-38) › Section 45-18-35 - Plans to operate without cost to state, counties, cities, or other political subdivisions

The Board of Trustees of the Employees' Retirement System of Georgia or the administrator of the plan shall arrange for all services required to carry out the deferred compensation plan or plans so that such plan or plans shall operate without cost to the state, county, city, or other political subdivision except for:
(1)
Employer contributions to a deferred compensation plan;
(2)
The incidental expense of administering the payroll salary deduction or reduction and the remittance thereof; or
(3)
The payment of costs or fees associated with an employee's participation in a deferred compensation plan when authorized by the governing authority of a municipality pursuant to ordinance or resolution.
Amended by 2018 Ga. Laws 447,§ 1, eff. 5/8/2018.
Amended by 2005 Ga. Laws 23,§ 1, eff. 7/1/2005.
Amended by 2003 Ga. Laws 387, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 2 - DEFERRED COMPENSATION PLANS (§§ 45-18-30 — 45-18-38) › Section 45-18-36 - Salary deductions; records of individual account information

(a)
The salary reduction or deductions referred to in this article shall be instituted:
(1)
At the request of the participating employees by the payroll departments applicable to the respective employees; or
(2)
Pursuant to an automatic enrollment arrangement permitted by and operated in accordance with applicable federal laws and regulations.
(b)
Records of participation agreements, payroll deductions, investment options, and other individual account information shall be maintained as confidential by the administrator. The records shall not be disclosed except as necessary to accomplish the purposes of this article or in cases where a subpoena has been issued for the purpose of discovery or as otherwise authorized in writing by the employee. This prohibition shall not bar federal, state, or local tax authorities from such access to the records as may be necessary to establish the tax status or liability of a participating employee.
Amended by 2018 Ga. Laws 447,§ 2, eff. 5/8/2018.
Amended by 2005 Ga. Laws 23,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 2 - DEFERRED COMPENSATION PLANS (§§ 45-18-30 — 45-18-38) › Section 45-18-37 - [Repealed] Special pay plan for deferred payment of special compensation to reduce federal tax burden

Repealed and Reserved by 2007 Ga. Laws 58,§ 1, eff. 7/1/2007.
Amended by 2005 Ga. Laws 23,§ 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 588, § 1, eff. 7/1/2004.
Reserved. Repealed by Ga. L. 2007, p. 172, § 1/HB 213, effective July 1, 2007.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 2 - DEFERRED COMPENSATION PLANS (§§ 45-18-30 — 45-18-38) › Section 45-18-38 - Board of Trustees of the Employees' Retirement System to be the successor to the State Personnel Board and Employee Benefit Council for administration of deferred compensation plans; employment of and contracting with agents

(a)
Effective July 1, 2005, the Board of Trustees of the Employees' Retirement System of Georgia shall be the successor to the State Personnel Board for the purpose of administering any deferred compensation plan provided to employees as referenced in Code Sections
45-18-32
and
45-18-33
. The State Personnel Board shall transfer individual accounts, associated funds, and any other applicable information in a manner prescribed by the Board of Trustees of the Employees' Retirement System of Georgia no later than September 30, 2005.
(b)
The Board of Trustees of the Employees' Retirement System of Georgia shall be the successor to the Employee Benefit Council for the purpose of administering any deferred compensation plan provided to employees as referenced in Code Section
45-18-32
. The Employee Benefit Council shall transfer individual accounts, associated funds, and any other applicable information in a manner prescribed by the Board of Trustees of the Employees' Retirement System of Georgia.
(c)
The Board of Trustees of the Employees' Retirement System of Georgia is authorized to employ agents and to contract with such agents for their services as investment advisors and counselors who will make recommendations for investments and make investments as the board of trustees so authorizes.
Amended by 2006 Ga. Laws 514,§ 1, eff. 4/19/2006.
Added by 2005 Ga. Laws 23,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 3 - EMPLOYEE BENEFIT PLAN COUNCIL (§§ 45-18-50 — 45-18-58) › Section 45-18-50 - Definitions

As used in this article, the term:
(1)
Reserved.
(2)
"Council" means the Employee Benefit Plan Council established in Code Section
45-18-51
.
(3)
"Employee" means a member of the General Assembly or a person who works full time for the state and receives his or her compensation in a direct payment from a department, agency, authority, or institution of state government; a county department of family and children services or a county department of health; the Federal-State Shipping Point Inspection Service; the Georgia Firefighters' Pension Fund; a member of any local board of education; and public school teachers and public school employees as defined in Code Sections
20-2-880
and
20-2-910
, exclusive of the members, employees, and officials of the Board of Regents of the University System of Georgia.
(4)
"Full time" means the employment of a person who works at least 30 hours per week and whose employment is intended to be continuing employment. This would exclude any student, seasonal, intermittent, or part-time employment; provided, however, that public school teachers and public school employees as defined in Code Sections
20-2-880
and
20-2-910
shall be deemed to be employed full time for the purposes of this article. This would also exclude employment intended for only a very limited duration or in a sheltered employment program for the purpose of training or transitioning a person into the continued employment environment.
Amended by 2012 Ga. Laws 630,§ 2-76, eff. 7/1/2012.
Amended by 2002 Ga. Laws 984, § 1, eff. 7/1/2002.
Amended by 2001 Ga. Laws 333, §3, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 3 - EMPLOYEE BENEFIT PLAN COUNCIL (§§ 45-18-50 — 45-18-58) › Section 45-18-52 - Establishment of flexible employee benefit plans

(a)
The council is authorized to establish a flexible employee benefit plan for employees of the state and public schoolteachers and public school employees and to promulgate rules and regulations for its administration, subject to the limitations contained in this article and in Articles 1 and 2 of this chapter. The flexible employee benefit plan may provide for deductions or salary reductions for group life insurance, group property and casualty insurance, disability insurance, supplemental health and accident insurance, health care or dependent care spending accounts as authorized under Section 125 of the United States Internal Revenue Code of 1986, other types of employee welfare benefits, or for salary reductions for health premiums under Article 1 of this chapter and Code Sections
20-2-880
and
20-2-910
. The council may establish rating categories for disability insurance based on eligibility for coverage by the disability program of the Social Security Administration. At the council's discretion, any of the insurance or other type of employee welfare benefits authorized by this Code section may be operated as a self-insured plan in whole or in part or by contract with any company authorized to transact such business in this state. Except as provided in Code Section
45-18-30
, Code Sections
20-2-880
and
20-2-910
, and as implemented prior to January 1, 1986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Internal Revenue Code for the purpose of income tax advantage.
(b)
The council is authorized to promulgate rules and regulations to require local school boards that elect coverage under the plan as provided in subsection (b) of Code Section
45-18-54
to enroll and maintain a minimum participation percentage when offering the plan to its employees.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 3 - EMPLOYEE BENEFIT PLAN COUNCIL (§§ 45-18-50 — 45-18-58) › Section 45-18-53 - Authorization for payroll deductions

(a)
In order to carry out the provisions of the flexible employee benefit plan, the head of each department, agency, authority, county department of health, the Federal-State Shipping Point Inspection Service, the Georgia Firefighters' Pension Fund, or local school system is authorized to deduct or reduce from salary or wages voluntarily designated amounts by his employees for purchasing insurance or other welfare benefits.
(b)
Records of benefit selections, payroll deductions, and other individual account information shall be maintained as confidential by the flexible benefit plan. The records shall not be disclosed except as necessary to accomplish the purposes of this article or as otherwise authorized in writing by the employee. This prohibition shall not bar federal, state, or local tax authorities from such access to the records as may be necessary to establish the tax status or liability of an employee or other individual.
Amended by 2002 Ga. Laws 984, § 2, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 3 - EMPLOYEE BENEFIT PLAN COUNCIL (§§ 45-18-50 — 45-18-58) › Section 45-18-54 - Continuation of optional plans; approval of optional plans or contracting with new or additional insurers

(a)
The head of each department, agency, authority, or county department of health shall have the option to determine whether or not the employees within his respective agency shall continue any optional program that is in operation on January 1, 1986. New optional employee benefit plans or any contracting with new or additional insurers under existing plans that authorize the deduction or reduction of voluntarily designated amounts, including insurance, from the salaries of the full-time employees must be approved by the council after January 1, 1986, except that the Legislative Services Committee may continue or approve any optional program for members of the General Assembly and employees of the General Assembly.
(b)
Each local board of education shall have the option to elect coverage in this program, and, in the event an employee rejects coverage, such employee shall be authorized to obtain coverage at a later date upon compliance with the rules and regulations promulgated by the council relative thereto. New optional employee benefit plans or any contracting with new or additional insurers under existing plans that authorize the deduction or reduction of voluntarily designated amounts, including insurance, from the salaries of the full-time employees must be approved by the council after January 1, 1991. Each local board of education electing to participate in the coverage under this plan shall be assessed a pro rata share of the cost of administering the plan.
(c)
Each local board of education electing coverage shall have the option to determine whether or not the employees within the school system shall continue any optional program that is in operation on January 1, 1991.
(d)
The Geo. L. Smith II Georgia World Congress Center Authority shall have the option to irrevocably elect or reject coverage for employees of the authority in this program no later than June 30, 2014. New optional employee benefit plans or any contracting with new or additional insurers under existing plans that authorize the deduction or reduction of voluntarily designated amounts, including insurance, from the salaries of the full-time employees must be approved by the council. If the authority elects to participate in the coverage under this plan, it shall be assessed a pro rata share of the cost of administering the plan.
Amended by 2014 Ga. Laws 490,§ 2, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 3 - EMPLOYEE BENEFIT PLAN COUNCIL (§§ 45-18-50 — 45-18-58) › Section 45-18-55 - Commissioner of administrative services as executive officer and custodian

The commissioner of administrative services shall be the executive officer for the administration of this article and the custodian of such fund or funds as may be required in the implementation of this article. The commissioner of administrative services shall employ such personnel as may be necessary to carry out his or her duties and responsibilities under this article.
Amended by 2012 Ga. Laws 630,§ 2-78, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 3 - EMPLOYEE BENEFIT PLAN COUNCIL (§§ 45-18-50 — 45-18-58) › Section 45-18-56 - Execution of contracts by commissioner; bidding procedure

The commissioner is authorized to execute a contract or contracts to provide the benefits as approved in the plan or plans in accordance with this article. Such contract or contracts may be executed with one or more corporations licensed to transact business in this state, or the plan or plans, except for life, disability, or individual supplemental accident and sickness insurance, may be totally self-administered. Prior to entering into any contract under this Code section, the commissioner shall invite proposals from and allow a reasonable time for qualified corporations or qualified entities to bid on providing approved plan or plans benefits. The commissioner may invite proposals from any qualified entity as in the opinion of the council would desire to accept any part of the benefits authorized by this article.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 3 - EMPLOYEE BENEFIT PLAN COUNCIL (§§ 45-18-50 — 45-18-58) › Section 45-18-57 - Contributions from state departments, boards, and agencies

The various departments, boards, and agencies of the state government may contribute such portions of the cost of such benefits and the administration thereof as may be established by the general appropriations Act.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 3 - EMPLOYEE BENEFIT PLAN COUNCIL (§§ 45-18-50 — 45-18-58) › Section 45-18-58 - Liability for errors or omissions

The various departments, boards, agencies, and their employees shall not incur any liability for errors or omissions made in the performance of the agreement between the departments, boards, and agencies and the employee.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 4 - CAPITOL HILL DAY-CARE CENTER (§§ 45-18-70 — 45-18-72) › Section 45-18-70 - Establishment and operation

Notwithstanding any other provisions of law, the commissioner of administrative services in conjunction with the Georgia Building Authority is authorized by contract or otherwise to establish, equip, and operate a child care learning center as a capitol hill pilot program for the purpose of serving children who are members of households of employees of state government in and around the state capitol. The commissioner of administrative services in conjunction with the Georgia Building Authority is authorized to establish or provide for the establishment of appropriate fees and charges to be chargeable against the state employees who are beneficiaries of services provided by such facility to pay for the cost of their operation and to accept money, equipment, or other property donated for use in connection with the facility.
Amended by 2013 Ga. Laws 32,§ 12, eff. 7/1/2013.
Amended by 2012 Ga. Laws 630,§ 2-79, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 4 - CAPITOL HILL DAY-CARE CENTER (§§ 45-18-70 — 45-18-72) › Section 45-18-71 - Rules and regulations for personnel administration

The State Personnel Board shall promulgate such rules and regulations as may be required for the effective administration of this article.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 4 - CAPITOL HILL DAY-CARE CENTER (§§ 45-18-70 — 45-18-72) › Section 45-18-72 - Start-up costs

The commissioner of administrative services shall present recommendations no later than December 1, 1986, for funding any start-up costs of the pilot project.
Amended by 2012 Ga. Laws 630,§ 2-80, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 5 - EXEMPTION OF CERTAIN EMPLOYEES FROM LIABILITY FOR SERVICES AT STATE HOSPITALS (§§ 45-18-80 — 45-18-81) › Section 45-18-80 - Certain employees retired prior to July 1, 1962, exempt from personal liability for services at state hospitals; cooperation in application and claims process

Any other provision of this chapter to the contrary notwithstanding, those state employees with at least 34 years of creditable service who retired from state government prior to July 1, 1962, who are entitled to full medical and dental services from a state hospital, as established by the State Board of Health in its March 1, 1962, meeting, shall be exempt from any and all personal liabilities for services at state hospitals. Such services shall include full medical, dental, psychiatric, skilled and intermediate nursing care, and custodial care as available at state hospitals and shall be considered as part of retirement benefits to such retirees. Such retired employees shall be required to cooperate in the application and claims process for any and all benefits, plans, or programs available for payment of cost of care at state hospitals, but such employees shall be exempt from personal liability for any cost after application of such benefits, plans, or programs.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 5 - EXEMPTION OF CERTAIN EMPLOYEES FROM LIABILITY FOR SERVICES AT STATE HOSPITALS (§§ 45-18-80 — 45-18-81) › Section 45-18-81 - Legislative intent

It is the intent of this article to provide that any such state employees currently hospitalized at any state hospital shall be relieved of personal liability for any existing cost of care charges, provided employees or those responsible for employees cooperate and ensure that to the greatest extent possible applications are made for all benefits, plans, and programs available for payment of cost of care at state hospitals.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 18 - EMPLOYEES' INSURANCE AND BENEFITS PLANS (§§ 45-18-1 — 45-18-100) › Article 6 - [REPEALED] GEORGIA RETIREE HEALTH BENEFIT FUND (§ 45-18-100) › Section 45-18-100 - through 45-18-105 - [Repealed]

Added by 2009 Ga. Laws 19,§ 3, eff. 9/1/2010.
Amended by 2007 Ga. Laws 26,§ 6, eff. 7/1/2007.
Amended by 2007 Ga. Laws 26,§ 5, eff. 7/1/2007.
Amended by 2007 Ga. Laws 26,§ 4, eff. 7/1/2007.
Added by 2005 Ga. Laws 124,§ 8, eff. 7/1/2005.
Repealed by Ga. L. 2009, p. 49, § 3, effective September 1, 2010.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 1 - STRIKES BY PUBLIC EMPLOYEES (§§ 45-19-1 — 45-19-5) › Section 45-19-1 - Definitions; right to express complaints or opinions not impaired

As used in this article, the term:
(1)
"Public employee" means any person holding a position by appointment or employment in the government of this state or any person holding a position which provides essential public services without which the public health, safety, welfare, or morals would be endangered, by appointment or employment in the government of a county, municipality, school system, or other political subdivision of this state or in any agency, authority, board, commission, or public institution of this state or political subdivision thereof.
(2)
"Public employment" means the appointment or employment in the government of this state or the government of a county, municipality, school system, or other political subdivision of this state or in any agency, authority, board, commission, or public institution of this state or political subdivision thereof.
(3)
"Strike" means the failure to report for duty, the willful absence from one's position, the stoppage or deliberate slowing down of work, or the withholding in whole or in part of the full, faithful, and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of public employment; provided, however, that nothing in this article shall limit or impair the right of any public employee to express or communicate a complaint or opinion on any matter related to the conditions of public employment so long as the same is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 1 - STRIKES BY PUBLIC EMPLOYEES (§§ 45-19-1 — 45-19-5) › Section 45-19-2 - Public employees not to promote, participate in, or encourage strikes

No public employee shall promote, encourage, or participate in any strike; provided, however, that no right to collective bargaining currently recognized by law is abridged by this article.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 1 - STRIKES BY PUBLIC EMPLOYEES (§§ 45-19-1 — 45-19-5) › Section 45-19-3 - Supervising personnel not to authorize, approve, or consent to strikes

No person exercising any authority, supervision, or direction over any public employee shall have the power to authorize, approve, or consent to a strike by one or more public employees; and such person shall not authorize, approve, or consent to such a strike.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 1 - STRIKES BY PUBLIC EMPLOYEES (§§ 45-19-1 — 45-19-5) › Section 45-19-4 - Termination of employment, forfeiture of civil service status, job rights, seniority, and emoluments upon violation of Code Section 45-19-2; eligibility of employee for reappointment

Any public employee who violates Code Section
45-19-2
shall be deemed to have terminated his or her employment; shall forfeit his or her civil service status, job rights, seniority, and emoluments, if any; and subsequent to such violation shall not be eligible for appointment or reappointment or employment or reemployment in public employment for a period of three years after such violation except upon the following conditions:
(1)
His or her direct or indirect compensation shall in no event exceed that received by him or her immediately prior to the time of such violation;
(2)
His or her direct or indirect compensation shall not be increased for three years after such subsequent appointment or reappointment or employment or reemployment; and
(3)
He or she shall be on probation for a period of five years following such appointment or reappointment or employment or reemployment, during which period he or she shall serve without tenure and at the pleasure of the appointing or employing officer or body.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 1 - STRIKES BY PUBLIC EMPLOYEES (§§ 45-19-1 — 45-19-5) › Section 45-19-5 - Action by person not a public employee to encourage strike

Any person who is not a public employee and who shall knowingly incite, agitate, influence, coerce, persuade, or picket to urge a public employee to strike shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed one year, or by a fine of not less than $100.00 nor more than $1,000.00, or both.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-20 - Short title

This article shall be known and may be cited as the "Fair Employment Practices Act of 1978."
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-21 - Purposes and construction of article

(a)
The general purposes of this article are:
(1)
To provide for execution within public employment in the state of the policies embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat. 241), as amended by the Equal Employment Opportunity Act of 1972 (86 Stat. 103), as from time to time amended, the federal Age Discrimination in Employment Act of 1967 (81 Stat. 602), as from time to time amended, and the federal Rehabilitation Act of 1973 (87 Stat. 355), as from time to time amended;
(2)
To safeguard all individuals in public employment from discrimination in employment; and
(3)
To promote the elimination of discrimination against all individuals in public employment because of such individuals' race, color, religion, national origin, sex, disability, or age thereby to promote the protection of their interest in personal dignity and freedom from humiliation; to make available to the state their full productive capacities; to secure the state against domestic strife and unrest which would menace its democratic institutions; to preserve the public safety, health, and general welfare; and to further the interests, rights, and privileges of individuals within the state.
(b)
This article shall be broadly construed to further the general purposes stated in this Code section and the special purposes of the particular provision involved.
(c)
Nothing in this article shall be construed as indicating an intent to exclude local or federal laws on the same subject matter, which laws are not inconsistent with this article.
(d)
Nothing contained in this article shall be deemed to repeal any other nonconflicting law of this state relating to discrimination because of race, color, religion, national origin, sex, disability, or age.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-24 - Commission on Equal Opportunity created; administrator; assignment of commission to Governor for administrative purposes

There is created the Commission on Equal Opportunity. The Governor shall appoint an administrator of the Commission on Equal Opportunity who shall serve at the pleasure of the Governor. The Commission on Equal Opportunity shall be attached to the office of the Governor for administrative purposes only. The Commission on Equal Opportunity shall have an Equal Employment Division to assist the administrator in carrying out the provisions of this article.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-25 - Function of administrator

The function of the administrator shall be to encourage fair treatment for public employees and to discourage unlawful discrimination in public employment.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-26 - Role of Attorney General

The Attorney General shall be the legal adviser for the administrator.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-28 - Limitation on provisions of article relating to age discrimination

The provisions of this article relating to discrimination in employment on the basis of age shall apply only to individuals who are at least 40 years of age but less than 70 years of age.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-29 - Unlawful practices generally

It is an unlawful practice for an employer:
(1)
To fail or refuse to hire, to discharge, or otherwise to discriminate against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, national origin, sex, disability, or age;
(2)
To limit, segregate, or classify his employees in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect an individual's status as an employee because of such individual's race, color, religion, national origin, sex, disability, or age; or
(3)
To hire, promote, advance, segregate, or affirmatively hire an individual solely because of race, color, religion, national origin, sex, disability, or age, but this paragraph shall not prohibit an employer from voluntarily adopting and carrying out a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employment with respect to race, color, disability, religion, sex, national origin, or age if the plan has first been filed with the administrator for review and comment for a period of not less than 30 days.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-30 - Unlawful practices in training or apprenticeship programs

It is an unlawful practice for an employer controlling apprenticeship or other training or retraining including on-the-job training programs to discriminate against an individual because of such individual's race, color, religion, national origin, sex, disability, or age in admission to or employment in any program established to provide apprenticeship or other training or to discriminate by allowing admission or promotion to an apprenticeship or training program solely because of race, color, religion, national origin, sex, disability, or age.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-31 - Unlawful practices in advertisement of employment

It is an unlawful practice for an employer to print or publish or cause to be printed or published a notice or advertisement relating to employment by such an employer indicating any preference, limitation, specification, or discrimination based on race, color, religion, national origin, sex, disability, or age, except that such a notice or advertisement may indicate a preference, limitation, or specification based on race, color, religion, national origin, sex, disability, or age when religion, national origin, sex, disability, or age is a bona fide occupational qualification for employment.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-32 - Unlawful practice for party to violate conciliation agreement

It is an unlawful practice for a party to a conciliation agreement made pursuant to subsection (f) of Code Section
45-19-36
to violate the terms of the agreement.
Amended by 2024 Ga. Laws 395,§ 4, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-33 - Different standards of compensation or different terms and conditions of employment when not based on race, color, religion, sex, national origin, disability, or age

It is not an unlawful practice for an employer to apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex, disability, or age; nor is it an unlawful practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration, or action upon the results thereof is not designed, intended, or used to discriminate because of race, color, religion, national origin, sex, disability, or age.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-34 - Hiring, employing, or selecting for training programs when religion or national origin a bona fide occupational qualification

It is not an unlawful practice for an employer to hire and employ employees or to select an individual in any training program on the basis of religion or national origin in those certain instances where religion or national origin is a bona fide occupational qualification reasonably necessary to the normal functions of that particular employer's responsibilities.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-35 - Use of quotas because of imbalances in employee ratios prohibited; grants of preferential treatment to certain individuals or groups not required by article; adoption of plans required by Governor to reduce imbalance; effect of article upon certain employment practices

(a)
Quotas because of imbalances in employee ratios shall not be permitted.
(b)
Nothing contained in this article requires an employer to grant preferential treatment to an individual or to a group because of the race, color, religion, national origin, sex, disability, or age of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, national origin, sex, disability, or age in the state or a community, section, or other area or in the available work force in the state or a community, section, or other area.
(c)
It is specifically provided that neither subsection (a) nor (b) of this Code section nor any other provision of this article shall prohibit an employer from adopting or carrying out a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employment with respect to race, color, disability, religion, sex, national origin, or age if such plan is required by the Governor and filed with and approved by the administrator prior to its final adoption and implementation.
(d)
Nothing contained in this article prohibits:
(1)
Minimum hiring ages otherwise provided by law;
(2)
State compliance with federal regulations;
(3)
Termination of the employment of any person who is unable or incompetent or refuses to perform the person's duties;
(4)
Any physical or medical examinations of applicants or employees which an employer requires to determine fitness for the job or position sought or held; or
(5)
An employer from observing the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, or insurance plan which is not a subterfuge to evade the purposes of this article.
2023 CODE OF GEORGIA › Title 45 - PUBLIC OFFICERS AND EMPLOYEES (§§ 45-1-1 — 45-25-7) › Chapter 19 - LABOR PRACTICES (§§ 45-19-1 — 45-19-63) › Article 2 - FAIR EMPLOYMENT PRACTICES (§§ 45-19-20 — 45-19-46) › Section 45-19-38 - Findings, conclusions, and order of special master generally; order to cease and desist from unlawful practice and to take remedial action

(a)
If the hearing officer determines that the respondent has not engaged in an unlawful practice, the hearing officer shall state the hearing officer's findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the hearing officer, dismissing the complaint.
(b)
If the hearing officer determines that the respondent has engaged in an unlawful practice, the hearing officer shall state the hearing officer's findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the hearing officer, requiring the respondent to cease and desist from the unlawful practice and to take such remedial action as in the judgment of the hearing officer shall carry out the purposes of this article.
(c)
Remedial action under this Code section may include but is not limited to:
(1)
Hiring, reinstatement, or upgrading of employees with or without back pay. No award of back pay shall be ordered pursuant to this article with respect to any period more than two years prior to the date of the filing with the administrator of the complaint with respect to which such award of back pay is ordered. Interim earnings, unemployment benefits, workers' compensation benefits, or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable;
(2)
Admission or restoration of individuals to participate in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program and the utilization of objective criteria in the admission of individuals to such programs;
(3)
The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent;
(4)
Reporting as to the manner of compliance;
(5)
Posting notices in conspicuous places in the respondent's place of operation in the form prescribed by the administrator or hearing officer;
(6)
Restoration of employment benefits not otherwise specified in this Code section; or
(7)
Recommending to the Governor that the respondent be required to adopt and file with the administrator, within a specified time limitation, for the administrator's approval a plan to fill vacancies or hire new employees in a manner to eliminate or reduce imbalance in employment with respect to race, color, disability, religion, sex, national origin, or age.
(d)
Any monetary award ordered pursuant to this article shall be for actual damages only.
(e)
The respondent shall comply without delay with the terms and conditions of such a final order.
Amended by 2024 Ga. Laws 395,§ 7, eff. 7/1/2024.