2021 Georgia Code
Title 45 - Public Officers and Employees
Chapter 18 - Employees' Insurance and Benefits Plans
Article 2 - Deferred Compensation Plans
§ 45-18-36. Salary Deductions; Records of Individual Account Information
- The salary reduction or deductions referred to in this article shall be instituted:
- At the request of the participating employees by the payroll departments applicable to the respective employees; or
- Pursuant to an automatic enrollment arrangement permitted by and operated in accordance with applicable federal laws and regulations.
- Records of participation agreements, payroll deductions, investment options, and other individual account information shall be maintained as confidential by the administrator. The records shall not be disclosed except as necessary to accomplish the purposes of this article or in cases where a subpoena has been issued for the purpose of discovery or as otherwise authorized in writing by the employee. This prohibition shall not bar federal, state, or local tax authorities from such access to the records as may be necessary to establish the tax status or liability of a participating employee.
(Ga. L. 1974, p. 198, § 8; Ga. L. 1989, p. 313, § 1; Ga. L. 2005, p. 134, § 1/HB 275; Ga. L. 2018, p. 743, § 2/SB 333.)
The 2018 amendment, effective May 8, 2018, substituted the present provisions of subsection (a) for the former provisions, which read: "The salary reduction or deductions referred to in this article shall be instituted at the request of the participating employees by the payroll departments applicable to the respective employees."
OPINIONS OF THE ATTORNEY GENERAL
Extent of legal involvement of employing agency in plan.
- Employing agencies must make salary deductions and reductions necessary under plan when requested to do so by participating employee. Other than making deductions and reductions and transmitting funds to State Personnel Board, the employing agency has no other legal involvement. 1980 Op. Att'y Gen. No. 80-6.
