2020 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 2 - Administration
§ 34-9-52. Officials, Personnel, and Employees Subject to State Personnel Board; Compensation of Board Members and Administrative Law Judges
- All members of the board, including the chairperson thereof, shall be in the unclassified service, as defined in Code Section 45-20-2, and shall not be subject to the rules and regulations of the State Personnel Board. The salaries of all members of the board, including the chairperson thereof, shall be as provided in this Code section. The chairperson and each member of the board shall receive an annual salary which is equal to 90 percent of the base annual salary plus cost-of-living adjustments provided in Code Section 45-7-4 for each Judge of the Court of Appeals.
-
- Each administrative law judge, whose method of appointment, removal, and terms of office shall remain as now provided by law, shall be in the unclassified service as defined in Code Section 45-20-2, except for certain compensation purposes, shall not be subject to the rules and regulations of the State Personnel Board. The compensation of the administrative law judges shall be fixed by the board based on a pay grade of the general pay schedule issued pursuant to the rules and regulations of the State Personnel Board and each administrative law judge shall be eligible for increases in compensation as established on the general pay schedule, subject to the review and approval of the board.
- Each administrative law judge employed by the board shall be entitled to any annual cost-of-living adjustment increases provided for all state employees.
- All administrative law judges appointed prior to January 1, 1990, shall be placed on the same pay grade of the general pay schedule and at the step which is the equivalent of one full step above their salary as established on July 1, 1989.
- As a cost-of-living adjustment, the annual base salary of all of the members of the board, including the chairperson thereof, shall be increased by the same percentage provided to state officials by subsection (b) of Code Section 45-7-4.
- All other officials, personnel, and employees of the board shall be subject to the rules and regulations of the State Personnel Board.
(Code 1933, § 114-701.5, enacted by Ga. L. 1975, p. 198, § 6; Ga. L. 1981, p. 114, §§ 1, 2; Ga. L. 1988, p. 1679, § 10; Ga. L. 1989, p. 579, § 1; Ga. L. 1990, p. 1409, § 2; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-43/HB 642.)
Cross references.- State merit system generally, § 45-20-1 et seq.
Editor's notes.- Ga. L. 1989, p. 579, § 2, not codified by the General Assembly, provided that the 1989 amendment of this Code section "shall apply to all awards or decisions of the State Board of Workers' Compensation issued on or after July 1, 1989".
Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.
Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."
OPINIONS OF THE ATTORNEY GENERAL
Power of State Personnel Board to fix salaries.
- See 1970 Op. Att'y Gen. No. 70-45.
Compensation of administrative law judges.- Effective July 1, 1989, administrative law judges for the State Board of Workers' Compensation received a $6,000.00 pay increase, provided that their salary does not exceed the statutory ceiling; however, they will not receive any additional cost of living raise. 1989 Op. Att'y Gen. 89-28.
Outside employment of court reporters.- If no conflict with their state employment exists, court reporters employed by the State Board of Workers' Compensation may continue to provide court reporting services to the public on their own time. 1983 Op. Att'y Gen. No. 83-56.
Annual leave.
- Neither the chairman nor the members of the board may currently accrue annual leave under the provisions of O.C.G.A. § 34-9-52(a) for use as terminal leave. 1991 Op. Att'y Gen. No. 91-2.
Collection of unused terminal leave on separation.- Members of the State Board of Workers' Compensation who have been serving since before July 1, 1989, may collect the unused terminal leave to which they were entitled on June 30, 1989, upon separation from their employment. 1992 Op. Att'y Gen. No. 92-7.
