Voluntary Contributions by State Government Employees Through Payroll Deductions to Certain Not for Profit Organizations

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Salaries and Fees
  5. Salary Deductions
  6. Voluntary Contributions by State Government Employees Through Payroll Deductions to Certain Not for Profit Organizations

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  1. Any department, agency, authority, or commission of the state is authorized to deduct designated amounts from the salaries or wages of its employees and remit such moneys to not for profit organizations, associations, or corporations providing tangible services and benefits to state government or its employees. Except as provided in subsection (b) of this Code section, no such deduction shall be made unless at least 2,500 of the full-time employees of the state request such deduction. Where 2,500 or more full-time employees of the state request payroll deduction services to any not for profit organization, association, or corporation having among its objectives educational, legislative, or professional development activities related to promoting and enhancing the efficiency, productivity, and welfare of state government services or of state government employees, then the state shall provide such deductions as an additional employment benefit to its employees.
  2. Where 500 or more full-time state employees who are employed in the Division of Family and Children Services or in the law enforcement, corrections officer, or registered nursing disciplines request payroll deduction services to any not for profit association having among its specific objectives (1) professional development activities related to such employment, (2) the provision of assistance to or on behalf of persons who are killed, injured, in need of medical attention, or otherwise in need of assistance while engaged in such employment or as a result of such employment, or (3) promoting or enhancing law enforcement, corrections, or registered professional nursing in the State of Georgia, then the state shall provide such deductions as an additional employment benefit to its employees. This provision shall not be interpreted to require the agency or state to provide the funds for any employee's dues or contributions.
  3. The commissioner of administrative services shall have the authority to administer this Code section and to determine and compel compliance with its provisions.
  4. No deduction shall be made under this Code section without the express written and voluntary consent of the employee. Each such request shall designate the exact amount to be deducted. Any employee who consents to such deduction is authorized to terminate the deduction with two weeks' written notice to the department, agency, authority, or commission.
  5. No deduction shall be made under this Code section to any organization, association, or corporation which engages in collective bargaining with the state or encourages its members to strike or stop work.
  6. Each department, agency, authority, or commission of the state shall collect from the deductions withheld a cost of administration fee not to exceed 1 percent of the total deduction collected.
  7. No person shall disclose to any other person the name of any employee deducting amounts, or the organizations, associations, or corporations designated, except as is necessary to accomplish the purpose of this article or as otherwise authorized in writing by the individual employee.
  8. Departments, agencies, authorities, and commissions and their employees shall not incur any liability for errors or omissions made in performance of the payroll deduction agreement between the state and the employee, provided that this Code section does not confer immunity from criminal or civil liability for conversion, theft by conversion, theft by taking, theft by extortion, theft by deception, or any other intentional misappropriation of the money or property of another.

(Code 1981, §45-7-54, enacted by Ga. L. 1994, p. 699, § 1; Ga. L. 1995, p. 831, § 1; Ga. L. 2002, p. 415, § 45; Ga. L. 2005, p. 466, § 1/HB 183; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-70/HB 642.)

Cross references.

- Deductions for contributions or dues to interdisciplinary charitable associations, § 20-3-83.

Editor's notes.

- 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

Additional voluntary salary deduction programs.

- A not-for-profit organization whose membership dues are currently being deducted under O.C.G.A. § 45-7-54 is authorized to have other voluntary member tangible benefits approved for automatic payroll deduction. 1996 Op. Att'y Gen. No. U96-11.


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