2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 18 - Employees' Insurance and Benefits Plans
Article 3 - Employee Benefit Plan Council
§ 45-18-51. Creation and Operation of Council

1. 1. There is created an Employee Benefit Plan Council consisting of the following ten members appointed by the Governor:
      1. The five members of the State Personnel Board who shall serve for terms of office which correspond with their terms of office on the State Personnel Board;
      2. Two department heads who have employees eligible to participate in the employee benefit plans, which department heads shall serve for terms of office of four years; provided, however, that the initial term of one of such appointees shall be two years; and provided, further, that the office of such a member shall become vacant if he or she ceases to be a department head;
      3. Two state employees who are eligible to participate in the employee benefit plans, which state employees shall serve for terms of office of four years; provided, however, that the initial term of one of such appointees shall be two years; and provided, further, that the office of such a member shall become vacant if he or she ceases to be a state employee; and
      4. One member from a corporation domiciled in the State of Georgia that insures or administers employee benefit plans, which member shall serve for a term of office of four years.
   2. Successors to the members of the council provided in paragraph (1) of this subsection shall have the same qualifications and shall be appointed by the Governor for terms of office of four years and until their successors are appointed and qualified. A vacancy on the council shall be filled by the Governor appointing a successor who possesses the same qualifications as his or her predecessor and who shall serve for the unexpired term.
2. The members of the council who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which they are employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the State Accounting Office. For those councilmembers who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, from the Department of Administrative Services.
3. The Governor shall appoint one member to act as chairperson for a term specified by the Governor until a successor is duly appointed. The council shall elect one of its members as vice chairperson to act in the absence of the chairperson. If the office of chairperson is vacated for any reason, the Governor shall appoint a successor.
4. Meetings of the council shall be scheduled at the discretion of the council chairperson and, where feasible, concomitant with the meetings of the State Personnel Board as provided in Chapter 20 of this title. All meetings of the council shall be open to the public.
5. The council shall adopt procedures for the conduct of its activities.
6. The commissioner of administrative services shall serve as executive secretary to the council and provide the council with staff support and other assistance in carrying out its duties.
7. In the promulgation of rules and regulations, the council shall be governed by Chapter 20 of this title.

(Code 1981, §45-18-51, enacted by Ga. L. 1985, p. 441, § 1; Ga. L. 2002, p. 415, § 45; Ga. L. 2005, p. 694, § 38/HB 293; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-77/HB 642; Ga. L. 2013, p. 141, § 45/HB 79.)

- 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

Expenses of State Personnel Board members.

- Members of the State Personnel Board are authorized to receive their mileage expense and one daily allowance equal to the daily allowance received by members of the General Assembly for each day in which they perform duties or attend meetings for the State Personnel Board, including attendance at meetings for the Employee Benefit Plan Council, but they are not entitled to any additional compensation whatsoever. 1990 Op. Att'y Gen. No. 90-21.