2020 Georgia Code
Title 47 - Retirement and Pensions
Chapter 7 - Georgia Firefighters' Pension Fund
Article 1 - General Provisions
§ 47-7-1. Definitions

As used in this chapter, the term:

1. "Active member" means an individual who has been granted membership in the fund in accordance with the rules of this chapter and who is not an inactive member, a suspended member, a retired member, or a withdrawn member.
2. "Board" means the Board of Trustees of the Georgia Firefighters' Pension Fund.
3. "Fire department" means a full-time fire department or volunteer fire department or a combination full-time and volunteer fire department which satisfies the following criteria:
   1. The fire department holds a valid certificate of compliance issued by the Georgia Firefighter Standards and Training Council pursuant to Article 2 of Chapter 3 of Title 25; and
   2. The public fire suppression facilities of the fire department are ratable not less favorably than a class nine rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by a rating organization licensed by the Commissioner of Insurance performing similar rating functions which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner.

      The board may require annual certification by the chief of a fire department of the satisfaction of such requirements as a condition to the eligibility of firefighters and volunteer firefighters to become members of the fund to obtain creditable service with the fund.

4. "Firefighter" means a person who is:
   1. A permanent, compensated employee of a fire department who in the course of his or her employment by and within a department either is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires and who works at least 1,040 hours per year; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services; or
   2. Appointed and regularly enrolled as a volunteer with a volunteer fire department or combination full-time and volunteer fire department which satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23 and who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires.
5. "Full-time fire department" means a full-time department, bureau, division, or other organizational unit, separately organized and administered as such, of this state or any municipality or other political subdivision thereof, which organizational unit:
   1. Has, as an organizational unit, the principal responsibility to prevent and suppress fires; and
   2. Is financed by public appropriation or subscription and is not privately owned.

      A full-time fire department includes the fire chief or chief operating officer of the organizational unit and only those employees who are under the direction and supervision of the fire chief or chief operating officer.

6. "Fund" means the Georgia Firefighters' Pension Fund.
7. "Inactive member" means an individual who was an active member of the fund who obtained a leave of absence in accordance with Code Section 47-7-41 and who has not withdrawn his or her dues pursuant to Code Section 47-7-60.
8. "Part-time employment" means working at a permanent job position for less than 40 hours a week but at least 1,040 hours a year.
9. "Retired member" means an individual who was an active member of the fund who has commenced receipt of benefits pursuant to Article 6 of this chapter or pursuant to Code Section 47-7-102.
10. "Suspended member" means an individual who was an active member of the fund who owes at least six months of dues payments pursuant to Code Section 47-7-60.
11. "Volunteer fire department" means a volunteer fire department staffed by firefighters, volunteer firefighters, or a combination of firefighters and volunteer firefighters, separately organized and administered as such, of this state or any municipality or other political subdivision of this state or serving any fire district therein, which:
    1. Has the principal responsibility to prevent and suppress fires;
    2. Is financed by public appropriation or subscription and is not privately owned;
    3. Holds drills and meetings of not less than eight hours monthly; and
    4. Meets the requirements imposed by Code Section 47-7-81.
12. "Volunteer firefighter" means an individual who is appointed and regularly enrolled as a volunteer, with or without compensation, with a fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23.
13. "Withdrawn member" means an individual who was an active member of the fund who has had his or her moneys refunded pursuant to Code Section 47-7-105.

(Ga. L. 1955, p. 339, § 1; Ga. L. 1956, p. 368, § 1; Ga. L. 1961, p. 417, § 1; Ga. L. 1974, p. 377, § 1; Ga. L. 1976, p. 241, §§ 1, 2; Ga. L. 1983, p. 1310, § 1; Ga. L. 1985, p. 209, § 1; Ga. L. 1991, p. 755, § 2; Ga. L. 1992, p. 477, § 1; Ga. L. 1994, p. 703, § 1; Ga. L. 1995, p. 27, § 1; Ga. L. 1995, p. 1064, § 1; Ga. L. 1997, p. 1376, § 1; Ga. L. 2006, p. 120, § 1/HB 749; Ga. L. 2006, p. 122, §§ 1, 2, 3, 4/HB 344; Ga. L. 2010, p. 197, §§ 1, 2/HB 1150; Ga. L. 2014, p. 478, § 1/SB 235; Ga. L. 2015, p. 898, § 5/HB 266.)

The 2010 amendment, effective July 1, 2010, in paragraph (2), inserted "or a combination full-time and volunteer fire department" in the introductory paragraph, substituted the present provisions of subparagraph (2)(A) for the former provisions, which read: "The fire department is certified by the superintendent of the Georgia Fire Academy as provided in Chapter 3 of Title 25;", and substituted "nine" for "eight" near the beginning of subparagraph (2)(B); and, in paragraph (3), substituted "his or her" for "full-time" near the beginning of subparagraph (3)(A), in subparagraph (3)(B), substituted "volunteer fire department or combination full-time and volunteer fire department which satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23 and" for "class nine fire department;" near the beginning, and deleted "; and who satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23" following "fires" at the end.

The 2014 amendment, effective July 1, 2014, in subparagraph (3)(A), substituted "permanent, compensated" for "full-time" near the beginning and inserted "and who works at least 1,040 hours per year" near the end; deleted former paragraph (3.1), which read: "'Full-time employment' means working at a permanent job position for at least 40 hours a week."; and added "but at least 1,040 hours a year" at the end of paragraph (5.1).

The 2015 amendment, effective July 1, 2015, added paragraph (1); renumbered former paragraphs (1) though (5) as present paragraphs (2) through (6), respectively; in present paragraph (3), substituted "full-time" for "full time" twice in the introductory language, and substituted "holds a valid certificate of compliance issued by the Georgia Firefighter Standards and Training Council pursuant to Article 2 of Chapter 3 of Title 25" for "is certified by the superintendent of the Georgia Firefighter Standards and Training Council pursuant to Article 1 of Chapter 4 of Title 25" in subparagraph (3)(A); substituted "full-time" for "full time" in present subparagraph (4)(B); in present paragraph (5), substituted " 'Full-time fire department' means a full-time" for "'Full time fire department' means full time" in the introductory language, and substituted "full-time fire department" for "full time fire department" at the end of paragraph (5); added paragraph (7); redesignated former paragraph (5.1) as present paragraph (8); in paragraph (8), substituted " 'Part-time employment' means" for " 'Part time employment' means"; added paragraphs (9) and (10); redesignated former paragraphs (6) and (7) as present paragraphs (11) and (12), respectively; and added paragraph (13).

- Volunteer firefighters for counties and municipalities, § 36-60-22.

- The amendment of former subparagraphs (A) and (B) of paragraph (3) of this Code section by Ga. L. 2006, p. 120, § 1, irreconcilably conflicted with and was treated as superseded by Ga. L. 2006, p. 122, § 1. See County of Butts v. Strahan, 151 Ga. 417 (1921).

Pursuant to Code Section 28-9-5, in 2006, "who is: (A) A full-time" was substituted for "who is a full-time" in paragraph (3).

OPINIONS OF THE ATTORNEY GENERAL

Full-time firefighter's membership not lost if utilized as police officer.

- Firefighter employed full time and in accordance with this statute would not lose the firefighter's right to membership in the fund if the employing city utilized the firefighter as a police officer. 1971 Op. Att'y Gen. No. U71-15 (see O.C.G.A. § 47-7-1).

- Scope of Georgia Firemen's Pension Fund's participation should not be extended to employees who are placed on fire department's payroll merely by local government's administrative classification. 1982 Op. Att'y Gen. No. U82-17.

- Board of Trustees of the Georgia Firemen's Pension Fund is duly empowered to make factual determination of whether an applicant is employed by and working for a fire department or whether the applicant is merely working out of a fire department. 1982 Op. Att'y Gen. No. U82-17.

- Volunteer firefighter who attends the annual required percentage of the composite total number of drills, meetings, and fires in a calendar year is entitled to credit for that year. 1960-61 Op. Att'y Gen. p. 325.

- Volunteer firefighter may not receive credit under the fund for calendar years of service in which the firefighter did not attend 75 percent (now 50 percent) of all drills, meetings, and fires; however, the board of trustees is authorized and empowered to excuse volunteer firefighters from the required attendance percentage at drills, meetings, and fires of their respective departments so long as the attendance is prevented by causes beyond the control of the volunteer firefighters. 1974 Op. Att'y Gen. No. U74-8.

- Only actual fires, and not nonfire rescue calls, should be included in reports of participation by volunteer firefighters. 1973 Op. Att'y Gen. No. U73-104.

RESEARCH REFERENCES

C.J.S.

- 62 C.J.S., Municipal Corporations, § 535 et seq.