§ 154-91. Definitions.  


Latest version.
  • The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Accrued benefit means the amount of retirement benefit payable under the plan and trust, which benefit accrues on the basis of creditable service and final average monthly earnings.

    Active participant means an eligible employee satisfying the criteria set forth in section 154-111 who has not lost that status pursuant to section 154-112.

    Actuary means the enrolled actuary or firm of actuaries selected by the board of trustees to make the actuarial computations in connection with the plan and trust.

    Adjusted pensioner index means the pensioner base index adjusted, on a cumulative basis, for all percentage adjustments made in benefits before the current annual adjustment date. The adjusted pensioner index shall be applicable to any beneficiary becoming entitled to benefits under the plan in the same manner as it would have been applicable to the participant had he lived.

    Annual adjustment date means each January 1.

    Base pension. A participant with 15 or more years of creditable service under the plan or plan supplements who is not otherwise eligible for an early retirement benefit under their plan shall be entitled to a "base pension," as set by the county commissioners. Effective December 20, 2007, the monthly base pension is $300.00.

    Beneficiary. The beneficiary of a participant who is married shall be his eligible spouse, or shall be the person with whom s/he is in a "certified committed relationship" as defined by Fulton County Code of Laws, section 154-469, established pursuant to section 154-471, and not otherwise terminated pursuant to section 154-477. If there is no eligible spouse and no person with whom s/he is in a certified committed relationship, then the beneficiary shall be the child or children of the participant under the age of 18 years. No other person shall be a beneficiary.

    Board or board of trustees means the board of trustees of the Fulton County Employees Retirement System, as specified in this division, or any successor or successors that accept appointment to execute the duties of a trustee under the plan and trust.

    Certified committed relationship. "Certified committed relationship" shall be as defined by Fulton County Code of Laws, section 154-469, established pursuant to section 154-471, and not otherwise terminated pursuant to section 154-477.

    Code means the Internal Revenue Code of 1986, as amended, or any future corresponding United States Internal Revenue law. References to specific section numbers shall be deemed to refer to the corresponding provisions of any future Internal Revenue law.

    Creditable service means:

    (1)

    General. Subject to the provisions below, the period of time between an individual's employment commencement date and his severance from service date, without regard to the number of hours worked or credited in any 12-month period. The term "creditable service" shall include all service rendered by a participant in the pension system created by this division to Fulton County or to the Fulton County Department of Family and Children Services following the effective date of this division, provided that all employee contributions are made. Creditable service shall include accumulated sick leave credit.

    (2)

    Credit for temporary service and C.E.T.A. service with the employer. A participant shall receive creditable service for temporary service and C.E.T.A. service with the employer, subject to the following terms and conditions:

    a.

    Such service must have been for full-time, continuous employment;

    b.

    Such service must have immediately preceded and led into permanent employment by the employer and participation in the plan;

    c.

    The participant shall pay the same employee contribution that he would have paid had he been participating in the plan during such period of service based on the compensation he received during the period for which he claims the creditable service. If such employee contribution is insufficient to fund the actuarial liability created by crediting such prior service, the employer shall pay any additional amounts required to make up such shortfall from its general funds.

    (3)

    Prior service with certain other employers. Any participant who was employed by the State of Georgia; a member of the General Assembly of Georgia; employed by a municipality located in whole or in part in Fulton County, the Fulton County Board of Education, or the Atlanta-Fulton County Recreation Authority; or an active member of the United States armed forces may claim credit for such prior service as creditable service, subject to the following terms and conditions:

    a.

    No credit shall be given for part-time or temporary service.

    b.

    Once such participant has worked for the employer for five years, he shall be eligible to receive creditable service for any such periods of prior service, not to exceed four years for military service and not to exceed ten years when combined with any other prior service, other than military service, claimed under the plan.

    c.

    To obtain prior service credit, such participant shall pay into the plan, in addition to any other amount required by this plan, eight percent of the current compensation of such participant times the period of service claimed.

    d.

    No service credited under this subsection shall be used to obtain pension benefits in any other pension system supported in whole or in part with public funds, with the exception of social security benefits.

    e.

    Any participant seeking creditable service under this subsection must furnish to the board of trustees proof of the prior service in such manner as the board may prescribe.

    (4)

    Special service rules for judges and the district attorney. Judges of the Superior Court of Fulton County and the District Attorney of the Atlanta Judicial District who elect to participate in the plan pursuant to section 154-111(c) shall receive creditable service for years of prior service during which they received compensation from the employer or from municipalities located, in whole or in part, in Fulton County, active service in the United States armed forces, and service in the General Assembly of Georgia; provided, however, that no such creditable service in excess of ten years, plus four years of military service, if applicable, will be granted in the case of service for an entity other than the employer. Except in the case of service rendered to the employer, the participant must contribute the amount required by section 1 of the act approved on March 30, 1971, 1971 Ga. Laws, page 2309, as amended, to receive such creditable service under the plan. The participant shall contribute the amount he would have contributed had the plan been in effect during such prior period of service. Such payments may be made in interest bearing installments as provided under section 154-163. Notwithstanding the foregoing, if the participant participated in a pension plan supported, in whole or part, by the employer, such participant may receive credit for such prior service credited under such pension plan by authorizing the transfer of contributions made to such plan to the plan.

    Current average cost-of-living index means the average of the monthly Consumer Price Index for the 12-month period from November 1 through October 31, before the applicable annual adjustment date, as determined by the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average.

    Deferred retirement date means the day following the termination of employment by a participant who continues to be employed by the employer beyond the occurrence of his earliest normal retirement event.

    Disability retirement date means the day following the date on which a participant who terminates employment on account of total disability is no longer on the payroll of the employer.

    Early retirement date means the day following the date on which a participant terminates employment after becoming entitled to an early retirement benefit before his earliest normal retirement date.

    Eligible certified committed relationship. An individual who has been in a certified committed relationship to a participant for the one-year period ending on the participant's date of death.

    Eligible employee means, with the exception of ineligible employees, as defined in this section, the following individuals who shall be entitled to participate in the retirement system established by this division:

    (1)

    All state and county officers, deputies, and employees whose salary or wages are paid, in whole or in part, by the Finance Department of Fulton County.

    (2)

    All state officers, deputies, and employees and court employees whose salary or wages are paid, in whole or in part, by the Finance Department of Fulton County.

    (3)

    The executive secretary and staff of the pension system created hereby.

    (4)

    All officers elected by the people whose salaries are paid, in whole or in part, by the Finance Department of Fulton County.

    (5)

    All officers or employees of the Atlanta-Fulton County Recreation Authority, provided that such officers or employees shall be employed by Fulton County, and the Atlanta-Fulton County Recreation Authority shall reimburse Fulton County for employer contributions made on behalf of such officers or employees. Contributions for persons eligible to participate in the fund established by this division under the provisions of this section shall be based upon the total compensation of such individuals from both Fulton County and the Atlanta-Fulton County Recreation Authority.

    (6)

    All employees of the Fulton County Department of Family and Children Services who were participating in the Fulton County General Employees Pension Fund on December 18, 1991.

    (7)

    All individuals who were or had been properly members of any pension fund maintained by Fulton County prior to December 18, 1991.

    Eligible spouse means an individual who has been married to a participant for the one-year period ending on the participant's date of death.

    Employee means any individual who is employed by the employer, including elected or appointed officials, and including any individual who is an employee solely by reason of being a leased employee within the meaning of section 414(n)(2) of the code.

    Employer means Fulton County, Georgia.

    Employment commencement date means the date on which an employee performs his first hour of service with the employer.

    ERISA means the Employee Retirement Income Security Act of 1974, as amended from time to time.

    Final average monthly earnings means the average of the monthly earnings of the highest three 12-month periods of employment. If a participant receives a lump sum payment for compensatory time, accumulated vacation time, bonus pay, or similar benefits, the amount of such payment shall be equally distributed over the period of time in which such compensation or benefit was earned or accumulated. In the case of an elected official or department head, final average monthly earnings shall be the average of the monthly earnings during the 12 months preceding the date of computation of benefits. For purposes of calculating the amount of a 1991 early retirement window benefit under section 154-137, the final average monthly earnings of the participant shall be the average monthly earnings received by the participant during the 12 consecutive month period when the participant received his highest compensation, plus 14 hours pay for accumulated annual leave and 1/36 of any amounts received for cumulative compensatory time.

    Fulton County service means creditable service earned with respect to service in the employ of the employer or service with the City of Atlanta that must be considered as service for the employer pursuant to Georgia law.

    Ineligible employees. Notwithstanding the definition of eligible employee, the following persons shall be ineligible to participate in the plan:

    (1)

    "Leased employees" under section 414(n)(2) of the code.

    (2)

    Temporary or casual employees.

    (3)

    Employees hired on a contract basis for a specific task.

    (4)

    Poll officers and election workers who are not regular employees.

    (5)

    Members of the Fulton County Board of Commissioners and personnel such as attorneys in the Fulton County Legal Department who are not required by law or the terms of their employment to work on a full-time basis for the employer and who were initially employed, appointed, or elected after August 1, 1988.

    (6)

    Employees of the Fulton County Department of Family and Children Services who were not participating in the Fulton County General Employees Pension fund on September 11, 1991.

    (7)

    Any assistant district attorney for the Atlanta Judicial Circuit who participates in any retirement system for the officers or employees of the State of Georgia.

    Editor's note— Subsection (1) of this definition shall become effective Jan. 1, 2000.

    Investment adviser means the one or more persons or entities appointed pursuant to section 154-213 to manage all or a designated part of the assets of the trust fund.

    Minimum pension. The "minimum pension" is the amount set by the county commissioners as the minimum monthly entitlement to be paid to a participant or a retiree who is retiring or already retired under any normal retirement event.

    Monthly earnings means all salary and wages paid to an employee by the employer on a monthly basis, including overtime pay, vacation pay, bonus pay, or similar benefits; provided, however, that monthly earnings shall not include any incentive awards which may have been paid to an individual on an irregular basis. Monthly earnings that on an annualized basis exceed $150,000.00 on January 1, 1996 (or such greater amount as the Secretary of the Treasury shall determine pursuant to section 401(a)(17) of the code) shall be disregarded for all purposes under the plan, except, however, that with respect to an individual who was a participant on or before December 31, 1995, only monthly earnings that on an annualized basis exceed $235,840.00 shall be so disregarded.

    Editor's note— The amendment to this definition shall be effective Jan. 1, 1996.

    Normal retirement age. The normal retirement age is the age at which a participant would attain a normal retirement event under the plan when credited with the amount of creditable service the participant has accrued as of their early retirement date. Such normal retirement age is to be used solely for purposes of calculating the reduction penalty under the early retirement benefit of section 154-133 of this plan, or under the applicable early retirement benefit section of a supplemental plan for those participants eligible for benefits under a supplemental plan, and for no other purpose.

    Normal retirement date means the day following the individual's normal retirement event pursuant to which he was retired.

    Normal retirement event means the attainment of:

    (1)

    Age 65 and ten years of creditable service;

    (2)

    Age 60 and 15 years of creditable service;

    (3)

    Age 55 and 30 years of creditable service;

    (4)

    In the case of an elected official or department head participating in the Fulton County Employees' Pension Fund who resigns, fails to be reelected or to run for reelection, or whose office is abolished, ten years of creditable service, provided that in such a case benefits will not be paid until the participant has attained the age of 55;

    (5)

    In the case of a peace officer, the age of 55 and 25 years of creditable service; or

    (6)

    A combined age and years of creditable service that equals at least 80, with at least ten years of Fulton County Service.

    Participant means an active participant or any other living individual who has an accrued benefit under the plan and trust.

    Peace officer means any individual who is required by the terms of his employment to be a firefighter or a candidate therefor as defined in O.C.G.A. § 25-4-1 et seq., Georgia Firefighter Standards and Training Act, or a certified peace officer or a candidate therefor as defined in O.C.G.A. § 35-8-1 et seq., Georgia Peace Officer Standards and Training Act.

    Pensioner base index means the average of the Consumer Price Index for the 12-month period ending two months before a participant's retirement date. If the Bureau of Labor Statistics changes the base year for computing the monthly Consumer Price Index, the board of trustees shall, with the advice of the actuary, adjust the pensioner base index of each retired participant and beneficiary receiving benefit payments under the plan, effective for benefit payments commencing during the first year in which such change was made, so as to effect the original intent of section 154-141 in an equitable manner. The pensioner base index shall be applicable to any beneficiary becoming entitled to benefits under the plan in the same manner as it would have been applicable to the participant had he lived.

    Plan and trust means the Fulton County Employees Retirement System, effective September 1, 1991, as it may be amended from time to time.

    Plan year means the calendar or fiscal year on which the records of the plan and trust are kept, which at present is the 12-month period ending on December 31 of each year.

    Prior plan participant means an individual who is or was at the relevant time a participant in a prior plan.

    Prior plans means the Fulton County Employees Pension Fund, the Fulton County General Employees Pension Fund, the Fulton County Public Safety Employees Pension Fund, and the Fulton County Judges and Solicitors Pension Fund.

    Retirement date means the date on which payment of the participant's retirement income is to commence.

    Supplemental benefit arrangement. Such portion of the plan that is described in subdivision IX.

    Editor's note— This definition shall become effective Jan. 1, 2000.

    Severance from service date means the day on which the employee quits, is discharged, retires, dies, or otherwise ceases to be employed by the employer.

    Total disability or totally disabled means the disability of a participant that is total and permanent and that is the result of injury, ill health, advanced age, or infirmity.

    Trust means the trust established by this division, which trust is an integral part of the plan and trust.

    Trust fund means all funds or property received by the trustees, including all income, profits, or increments thereon.

    Trustee means any individual member of the board of trustees.

(91-RC-669, art. 1, 12-18-91; 92-RM-443, §§ 1—7, 9-2-92; 95-0273, 3-8-95; 00-1471, §§ 1—3, 12-20-00; Res. No. 06-1060, 11-1-06; Res. No. 06-1277, § 1, 12-20-06)

Cross reference

Definitions generally, § 101-2.