2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 8 - Employment Security
Article 3 - Administration
§ 34-8-81. Creation of Employment Security Administration Fund; Sources of Money for Fund; Management and Control of Moneys

1. There is created a trust fund, with the Commissioner as trustee, to be known as the Employment Security Administration Fund. All moneys which are deposited or paid into this fund shall be continuously available to the Commissioner for expenditure in accordance with this chapter and shall not lapse at any time or be transferred to any other fund except as provided in this Code section and shall not be subject to Article 4 of Chapter 12 of Title 45. All moneys in this fund, except money received under Code Section 34-8-85 pursuant to Section 903 of the federal Social Security Act, as amended, which are received from the federal government or any agency thereof or which are appropriated by this state for the purposes described in Code Section 34-8-77 shall be expended solely for the purposes and in the amounts found necessary by the United States secretary of labor for the proper and efficient administration of this chapter.
2. The fund shall consist of all moneys appropriated by this state for the purposes described in Code Section 34-8-77; all moneys received from the United States or any agency thereof, including the United States secretary of labor; all moneys, except funds appropriated pursuant to Code Section 34-8-92, received from any other source for such purpose; any moneys received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency; any amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Security Administration Fund or by reason of damage to equipment or supplies purchased from moneys in such fund; and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this chapter.
3. All moneys in this fund shall be deposited, administered, and disbursed in the manner and under the conditions and requirements provided under this chapter, except that moneys in this fund shall not be commingled with other state funds but shall be maintained in a separate account on the books of a depository bank. Such moneys shall be secured by the depository in which they are held to the same extent and in the same manner as required by the general depository laws of this state, and collateral pledged shall be maintained in a separate custody account. The Commissioner shall be liable on the Commissioner's official bond for the faithful performance of duties in connection with the Employment Security Administration Fund provided for under this chapter. All sums recovered on any surety bond for losses sustained by the Employment Security Administration Fund shall be deposited in the fund.
4. Notwithstanding any provision of this Code section, all money requisitioned and deposited in this fund under Code Section 34-8-85 pursuant to Section 903 of the federal Social Security Act, as amended, shall remain part of the Unemployment Trust Fund and shall be used only in accordance with conditions specified in Code Section 34-8-85.

(Code 1981, §34-8-81, enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1992, p. 6, § 34.)

- Pursuant to § 28-9-5, in 1991, "a" was inserted in the second sentence of subsection (c).

- Section 903 of the federal Social Security Act, referred to in subsections (a) and (d), is codified as 42 U.S.C. § 1103.

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions decided under former Code 1933, § 54-645 and Ga. L. 1937, p. 806 are included in the annotations for this Code section.

- Ga. L. 1937, p. 806 (see now O.C.G.A. § 34-8-81) authorizes the Commissioner of Labor to determine what are proper expenditures of federal funds for employment security purposes; the Commissioner may, therefore, authorize payment of the moving expenses from those funds. 1972 Op. Att'y Gen. No. U72-53 (decided under Ga. L. 1937, p. 806).

- To the extent that former Code 1933, §§ 54-645 and 89-812 (see now O.C.G.A. §§ 34-8-81 and45-8-13), or any other laws, are irreconcilably inconsistent with Ga. L. 1971, p. 553 (see now O.C.G.A. §§ 50-17-53 and50-17-58), they are superseded or repealed by implication. 1971 Op. Att'y Gen. No. 71-112 (decided under former Code 1933, § 54-645).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Employment Agencies, § 15. 76 Am. Jur. 2d, Unemployment Compensation, § 2.

- 81 C.J.S., Social Security and Public Welfare, § 364.