Atlanta › Charter and Related Laws — Part I

Chapter 5 — Health and Sanitation

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§ 5-1

Authority of state legislature in connection with health and sanitation in Fulton County and Atlanta.

Sec. 5-1. Authority of state legislature in connection with health and sanitation in Fulton County and Atlanta.

(a)The General Assembly of Georgia shall have authority to determine and prescribe by general, local and special laws all the powers, responsibilities and limitations of Fulton County and the commissioners or other governing authority thereof both in the incorporated and unincorporated areas within its boundaries and throughout the City of Atlanta, located in Fulton County, in respect to health and sanitation, and outside of the incorporated areas within its boundaries in respect to police protection, fire protection and prevention, parks and recreational facilities, garbage and refuse collection and disposal, sewerage and drainage systems, water distribution systems, county streets and roads and other public works, the regulation and inspection of buildings, electrical installations, plumbing and other construction, airports, libraries, and the regulation of traffic. Without limiting the power granted above, the General Assembly is authorized to:

(1)District said county or authorize the commissioners or other governing authority thereof to do so, without regard to uniformity of area or population, for the purpose of providing any of such services;

(2)Empower the commissioners of said county to levy taxes or assessments, or both, on property or property owners to defray all or part of the cost of such services;

(3)Provide that any of such services except county streets and roads and other public works shall be rendered by said county only through one (1) or more municipalities lying wholly or partially in said county, in which event the General Assembly shall require one (1) or more of such municipalities to supply such services on a cost basis at the request of the commissioners; and the municipalities in said county are hereby empowered to supply any of such services, inside or outside their corporate limits, any provision of their charters to the contrary notwithstanding;

(4)Provide that the laws, ordinances, rules and regulations in force then or in the future in the City of Atlanta in respect to any function or service mentioned in this paragraph shall apply to all or any portion of the unincorporated area of said county, and that the violation thereof in such unincorporated area may be punished as for a misdemeanor and all fines collected therefor shall be paid to the City of Atlanta; and

(5)Provide that said county shall have the duty or authority to perform functions and render services relating to public health and sanitation throughout the City of Atlanta, located in Fulton County; that the rules, regulations and orders relating to public health and sanitation in said county shall apply with the same force and effect in the City of Atlanta, located in Fulton County, or any part thereofin Fulton County; and that the violation of any such rule, regulation or order may be punished as for a misdemeanor and the fines collected for offenses committed in the City of Atlanta shall be paid to the City of Atlanta.

(b)All of such powers may be exercised by the General Assembly without regard to uniformity and without being limited or restricted by any existing provisions of or amendment to this Constitution or any general or special laws heretofore enacted.

(c)Fulton County, or the commissioners or other governing authority thereof, shall not render any of the services or perform any of the functions mentioned in paragraph (a) of this section, except health and sanitation, inside any incorporated area within its boundaries.

(d)The authority conferred on the General Assembly by this amendment [section] shall be retroactive to January 1, 1951. Any act passed after January 1, 1951, germane to the subject matter of this amendment [section], shall be conclusively presumed to have been passed under the authority of this amendment [section]. It is declared that the authority conveyed to the General Assembly by this amendment [section] relates to only one (1) general subject matter, and the General Assembly is empowered, but not directed, to exercise such authority by one (1) law pertaining to all or any one (1) or more of said services, which law may be passed prior to the submission of this amendment [section] to the people. (1951 Ga. Laws, page 828, § 1)

Editor’s note—The above local constitutional amendment to Ga. Const. (1945), art. XI was continued in effect by 1986 Ga. Laws, page 4442.

See. 5-2. Atlanta, Fulton County and DeKalb County may contract with each other or with a hospital authority.

The City ofAtlanta, Fulton County, and DeKalb County, or either of these political subdivisions, may jointly and severally, by a majority vote of the governing body, or bodies, of the respective political subdivisions, enter into contracts each with the other, or with a duly authorized and created hospital authority, and assume thereby definite and fixed future liabilities or obligations for the period of time provided under and in furtherance of the general powers and obligations pertaining to hospitalization authorized by Ga. Const, art. VII, § VI, T III, of the Constitution and may agree to levy and collect a tax within the millage limitations as prescribed by the Hospital Authority Act, Ga. Laws 1941, page 241 et seq. [now O.C.G.A. § 31-7-70 et seq.], and any amendments thereto, for the purpose of complying with the terms of any contract so entered into; such contracts so entered into, and the liabilities or obligations arising thereunder shall not require an election for that purpose, and such liabilities or obligations so assumed thereby shall not be deemed within the debt limitation provision of the Constitution. (1943 Ga. Laws, page 18, § l)

Editor’s note—The above local constitutional amendment to Ga. Const. (1877) art. VII, § VII, T I was continued in effect by 1986 Ga. Laws, page 4783.

Supp. No. 99 Chapter 6 PENSIONS Article I. In General Sec. 6-1.

Interest on refunds.

Sec. 6-2.

Retirement Benefits.

Sec. 6-3.

Credit for service while covered by the City of Atlanta 2010 Defined Benefit Pension Plan.

Secs. 6-4—6-35. Reserved.

Article II. Nonuniformed Officers and Employees Sec. 6-36. Sec. 6-37. Sec. 6-38. Sec. 6-39. Sec. 6-40. Sec. 6-41.

Sec. 6-42. Sec. 6-43. Sec. 6-44. Sec. 6-45. Sec. 6-46. Sec. 6-47. Sec. 6-48. Sec. 6-49. Sec. 6-50.

Sec. 6-51. Sec. 6-52. Sec. 6-53. Sec. 6-54. Sec. 6-55.

Sec. 6-56.

Sec. 6-57. Sec. 6-57.1.

Sec. 6-58.

Sec. 6-59.

Sec. 6-60.

Sec. 6-61. Sec. 6-62.

Sec. 6-63. Sec. 6-64. Sec. 6-65.

Sec. 6-66.

Division 1. Generally Establishment of funds. 1978 Pension Act. 1978 recomputation benefits. Consent by applicant to participate in system. Refunds regulated. Transfer of funds where participant appointed or elected to position having pension system. Transfer of funds where hospitals taken over. Deductions from salaries, wages. Additional deduction when wife is named beneficiary. Same; effect of objection to deductions from salaries and wages. Participation in fund compulsory; scope of provisions. Participation in fund upon attaining salary level. Employees ineligible for participation. Eligibility of officers and employees of traffic court. Eligibility of officers and employees of joint city-county board of tax assessors; conditions. Member leaving, reentering service; payment required. Same; notice required for employee reentering service. Right to retirement; generally. Same; compulsory retirement at age 70. Same; compulsory retirement provisions inapplicable to city attorney. Same; rights of officers who are not reelected or reappointed or whose offices are abolished. Rights of discharged persons. Rights of those terminated through reduction in force between December 31, 2001 and December 31, 2003. Rights of officers, employees of annexed territory; service credit, contributions. Transferred officers, employees; transfer from one department to another; service credit; contributions. Transferred officers, employees; transfer from city to county or from county to city. Transfer from county to city; terms, conditions. Same; officers, employees reentering employment of political subdivision where employed prior to transfer to city. Same; applicability to board of education. Same; rights of officers, employees of board of education. Same; credit for service of officers and employees transferred to city from county or county board of education. Same; transfer from city to county employment.

Supp. No. 99 Sec. 6-67.

Same; transfer of golf professional from city to county employ-ment.

Sec. 6-68.

Same; credit for service of employee not previously authorized.

Sec. 6-69.

Service requirements—Persons employed on or after April 1, 1945; applicability.

Sec. 6-70.

Service credits; employees working nine months per year.

Sec. 6-71.

Same; service in the armed forces; terms, conditions.

Sec. 6-72.

Same; rights of officers, employees inducted into armed forces.

Sec. 6-73.

Same—officers and employees serving in Korean conflict, or subsequent thereto.

Sec. 6-74.

Credit for prior service; terms, conditions.

Sec. 6-75.

Credit for government service.

Sec. 6-76.

Closing of schools, effect on employees of board of education.

Sec. 6-77.

Credit for prior service as member of General Assembly.

Sec. 6-78.

Prior service credit for cafeteria employees of board of educa-tion.

Sec. 6-79.

Dependents of officers, employees; designation as beneficiary of pension benefits.

Sec. 6-80.

Light-duty status.

Sec. 6-81.

Effect of disqualification of beneficiary.

Sec. 6-82.

Notice of election to participate for benefit of beneficiary, required.

Sec. 6-83.

Widows' rights; generally.

Sec. 6-84.

Same; amount to be received.

Sec. 6-85.

Same; computation, payment of benefits.

Sec. 6-86.

Spendthrift provisions.

Sec. 6-87.

Reemployment of pensioners; eligibility, conditions, applicabil-ity.

Sec. 6-88.

Effect on workers' compensation laws.

Sec. 6-89.

Effect on other pensions; effect of receipt of other pensions.

Sec. 6-90.

Computations of time; fractional parts of years to be counted.

Sec. 6-91.

Salary and earnings.

Sec. 6-92.

Distribution Requirements.

Sec. 6-93.

Limitation on benefits.

Sec. 6-94.

Treatment of employee contributions for prior service with certain other employers.

Sec. 6-95.

Limitation on monthly earnings.

Sec. 6-96.

Uniformed Services Employment and Reemployment Rights Act.

Sec. 6-97.

Supplemental benefit arrangement.

Sec. 6-98.

Eligible rollover distributions.

Sec. 6-99.

Employees of the Atlanta Independent School System.

Sec. 6-100. Exclusive benefit.

Sec. 6-101. Minimum vesting standards.

Sec. 6-102. Credit for service while covered by the City of Atlanta Defined Contribution Plan.

Sec. 6-103. Thirty-year retirement.

Sec. 6-104. Application of Pension Modification pursuant to City Related Laws Section 6-2.

Secs. 6-105—6-140. Reserved.

Division 2. Board of Trustees Sec. 6-141. Board of trustees; constituted, membership, duties. Sec. 6-142. Appeals; procedure. Sec. 6-143. Investment of excess funds. Sec. 6-144. Actuarial investigation. Secs. 6-145—6-170. Reserved.

Supp. No. 99 RELATED LAWS—PENSIONS Division 3. Benefits Sec. 6-171. Amount of pension, maximum designated. Sec. 6-172. Reduction of certain pensions. Sec. 6-173. Employees dying with not less than 10 years' service; benefits payable. Sec. 6-174. Employee killed in line of duty; benefits payable. Sec. 6-175. Disability benefits; generally. Sec. 6-176. Refunds of employees dying. Sec. 6-177. Right to designate recipient of refund in event of death; failure to make designation. Sec. 6-178. Refunds of employees leaving city employ. Sec. 6-179. Refunds when leaving employment prior to retirement. Sec. 6-180. Increase of pensions for over 25 years of service. Sec. 6-181. Funds for increased benefits provided by section 6-180. Sec. 6-182. Recomputation of pensions for certain retired officers, employees. Sec. 6-183. Benefits in lieu of existing benefits. Sec. 6-184. Deferred pension benefits. Sec. 6-185. Deduction from benefits for unrepaid advanced sick leave. Sec. 6-186. Statement of accumulated benefits. Secs. 6-187—6-220. Reserved.

Article III. Police Department Sec. 6-221. Sec. 6-222. Sec. 6-223. Sec. 6-224. Sec. 6-225. Sec. 6-226. Sec. 6-227. Sec. 6-228. Sec. 6-229. Sec. 6-230. Sec. 6-231. Sec. 6-232.

Sec. 6-233.

Sec. 6-234. Sec. 6-235. Sec. 6-236.

Sec. 6-237. Sec. 6-238. Sec. 6-239.

Sec. 6-240. Sec. 6-241.

Sec. 6-242. Sec. 6-243. Sec. 6-244. Sec. 6-245. Sec. 6-246. Sec. 6-247. Sec. 6-248. Sec. 6-249.

Division 1. Generally Establishment of funds. 1978 Pension Act. Consent by applicant to participate in system. Refunds regulated. Tax on salaries of policemen. Appropriations for fund. Appropriations by city. Maintenance of fund. Right of retirement; computation of service. Credit for prior service; terms, conditions. Status of member not desiring to retire after becoming eligible. Eligibility to retire of policemen employed on or after April 1, 1945. Retirement age and service required for policemen employed on or after April 1, 1945. Policemen must pass civil service examination. Time lost due to suspension for cause or leave of absence. Rights of employees transferring from one department to another; application of provisions. Rights of county policemen transferred to city. Same; service in the armed forces; terms, conditions. Same; officers and employees serving in Korean conflict or subsequent thereto. Same; method of receiving credit for military leave. Subsistence allowances to be treated as compensation in fixing benefits and obligations. Service prerequisite to disability benefits. Type of rights created. Spendthrift provisions. Reemployment of pensioners. Effect on workers' compensation laws. Computations of time; fractional parts of years to be counted. Salary and earnings. Distribution requirements.

Supp. No. 99 Sec. 6-250. Limitation on benefits. Sec. 6-251. Treatment of employee contributions for prior service with certain other employers. Sec. 6-252. Limitation on monthly earnings. Sec. 6-253. Uniformed Services Employment and Reemployment Rights Act. Sec. 6-254. Supplemental benefit arrangement. Sec. 6-255. Eligible rollover distributions. Sec. 6-256. Exclusive benefit. Sec. 6-257. Minimum vesting standards. Sec. 6-258. Application of Pension Modification pursuant to City Related Laws Section 6-2. Secs. 6-259—6-280. Reserved.

Division 2. Board of Trustees Sec. 6-281. Board of trustees; constituted, membership. Sec. 6-282. Appeals; procedure. Sec. 6-283. Investment of excess funds. Sec. 6-284. City attorney; function, compensation. Sec. 6-285. Actuarial investigations. Secs. 6-286—6-310. Reserved.

Sec. 6-311. Sec. 6-312.

Sec. 6-313.

Sec. 6-314.

Sec. 6-315.

Sec. 6-316.

Sec. 6-317. Sec. 6-318.

Sec. 6-319.

Sec. 6-320. Sec. 6-321. Sec. 6-322. Sec. 6-323.

Sec. 6-324. Sec. 6-325.

Sec. 6-326. Sec. 6-327.

Sec. 6-328.

Sec. 6-329. Sec. 6-330.

Sec. 6-331. Sec. 6-332. Sec. 6-333.

Division 3. Benefits Amount of pension; benefits to dependents. Designation of spouse or unmarried child or children as beneficiaries; secondary beneficiary. Reduction of certain pensions; application to come under 1933 act. Recomputation of benefits for persons who retired prior to March 8, 1945. Recomputation of pensions for officers, employees, retiring prior to April 1, 1955. Increase of pensions for retired officers with over 25 years of service. Funds for benefits under sections 6-314 and 6-316. Benefits payable upon death of nonpensioned policeman with 25 years of service. Compensation payable upon death of member with at least five years of service. Retirement due to total disability in line of duty. Determination of total and permanent disability. Light-duty status. Payment of disability benefits to widow, widowed mother, children of member. Continuance of pensions to dependents. Dependents' rights upon member being killed in line of duty prior to eligibility for retirement. Compensation for death from injuries in line of duty. Benefits to members dying or becoming totally disabled outside line of duty. Refunds to members leaving service or dying before eligibility for retirement. Refunds when leaving employment prior to retirement. Refunds for noncredited deductions upon compulsory retirement or death. Benefits in lieu of like existing benefits. Deferred pension benefits. [Deduction in benefits for repayment of advanced sick leave.] Supp. No. 99 RELATED LAWS—PENSIONS Secs. 6-334—6-365. Reserved.

Article IV. Firefighters Division 1. Generally Sec. 6-366. Establishment of funds. Sec. 6-367. 1978 Pension Act. Sec. 6-368. Consent by applicant to participate in system. Sec. 6-369. Refunds regulated. Sec. 6-370. Tax on salaries of firemen. Sec. 6-371. Tax on fire and lightning insurance companies. Sec. 6-372. Maintenance of fund. Sec. 6-373. Appropriations by city, when fund is insufficient. Sec. 6-374. Compulsory participation. Sec. 6-375. Right of retirement; computation of service. Sec. 6-376. Credit for prior service; terms, conditions. Sec. 6-377. Status of member not desiring to retire after becoming eligible. Sec. 6-378. Eligibility to retire of firemen employed on or after April 1, 1945. Sec. 6-379. Rights of employees transferring from one department to another;

application of provisions. Sec. 6-380. Rights of county firemen transferring to city. Sec. 6-381. Service in the armed forces—Scope of provisions. Sec. 6-382. Same—Terms, conditions of service. Sec. 6-383. Same—Officers and employees serving in Korean conflict or subsequent thereto. Sec. 6-384. Same—Method of receiving credit for military leave. Sec. 6-385. Spendthrift provisions. Sec. 6-386. Reemployment of pensioners. Sec. 6-387. Effect on workers' compensation laws. Sec. 6-388. Prior pension laws preserved. Sec. 6-389. Computations of time; fractional parts of years to be counted. Sec. 6-390. Overtime pay excluded from calculation of benefits. Sec. 6-391. Distribution requirements. Sec. 6-392. Limitation on benefits. Sec. 6-393. Treatment of employee contributions for prior service with certain other employers. Sec. 6-394. Limitation on monthly earnings. Sec. 6-395. Uniformed Services Employment and Reemployment Rights Act. Sec. 6-396. Supplemental benefit arrangement. Sec. 6-397. Eligible rollover distributions. Sec. 6-398. Exclusive benefit. Sec. 6-399. Minimum vesting standards. Sec. 6-400. Application of Pension Modification pursuant to City Related Laws Section 6-2. Secs. 6-401—6-420. Reserved.

Division 2. Board of Trustees Sec. 6-421. Board of trustees; constituted, membership, duties. Sec. 6-422. Appeals; procedure. Sec. 6-423. Investment of excess funds. Sec. 6-424. Court review of decisions of board of trustees. Sec. 6-425. City attorney; function, compensation. Sec. 6-426. Actuarial investigations. Secs. 6-427—6-460. Reserved.

Sec. 6-461. Sec. 6-462.

Sec. 6-463.

Sec. 6-464. Sec. 6-465. Sec. 6-466.

Sec. 6-467.

Sec. 6-468. Sec. 6-469. Sec. 6-470.

Sec. 6-471. Sec. 6-472.

Sec. 6-473.

Sec. 6-474. Sec. 6-475. Sec. 6-476.

Sec. 6-477.

Sec. 6-478. Sec. 6-479.

Sec. 6-480. Sec. 6-481. Sec. 6-482.

Division 3. Benefits Amount of pension; benefits to dependents. Designation of spouse or unmarried child or children as beneficiaries; secondary beneficiary. Benefits continued for persons receiving pensions under 1924 act. Total pension benefits limited. Recomputation of pensions for certain retired officers, employees. Rights of dependents when fireman dies after becoming eligible for retirement. Increase of pensions for retired officers with over 25 years of service. Funds for benefits provided in sections 6-465 and 6-467. Disability retirement generally. Benefits payable to member for total disability incurred in line of duty. Service prerequisite to disability benefits. Benefits for disability not in line of duty; effect of death of member. Amount of pension for total disability not in line of duty after five years' service. Compensation for death from injuries in line of duty. Refunds when leaving employment prior to retirement. Refunds to firemen leaving service before eligibility for retirement. Refunds for noncredited deductions upon compulsory retirement or death. Benefits in lieu of existing benefits, generally. Election by member qualified as fire fighter or subject to fire fighting duties. Light-duty status. Deferred pension benefits. Deduction from benefits for repayment of advanced sick leave.

RELATED LAWS—PENSIONS ARTICLE I. IN GENERAL