Anything in this chapter to the contrary notwithstanding, the Governor is empowered to authorize a referendum in accordance with the requirements of Section 218(d)(3) of the Social Security Act on the question of whether services in positions covered by the District Attorneys Retirement Fund of Georgia, Chapter 12 of this title, shall be excluded from or included under an agreement under this chapter with an effective date of July 1, 1956. If the referendum results in an affirmative vote, employee contributions required for social security coverage shall be deducted by the Prosecuting Attorneys' Council of the State of Georgia from the compensation or other funds due the employee. Such employee deductions shall be based on an affidavit from each individual as to the total wages received by him or her each calendar quarter as district attorney. Such affidavit shall be forwarded to the Prosecuting Attorneys' Council of the State of Georgia before the fifth day of the month following the end of each calendar quarter. If any district attorney fails to submit the required affidavit to the Prosecuting Attorneys' Council of the State of Georgia within the required time, any and all funds due such individual shall be withheld by the Prosecuting Attorneys' Council of the State of Georgia until an appropriate affidavit has been received. The Prosecuting Attorneys' Council of the State of Georgia is authorized and directed to pay the required employer contribution from the funds appropriated or otherwise available.
(Ga. L. 1958, p. 172, § 1; Ga. L. 1982, p. 3, § 47; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 92, § 1; Ga. L. 2009, p. 753, § 13/SB 109; Ga. L. 2010, p. 1248, § 5/HB 997.)
The 2009 amendment, effective July 1, 2010, substituted "Prosecuting Attorneys' Council of the State of Georgia" for "commissioner of administrative services" throughout this Code section, inserted "or her" in the third sentence, and substituted "or otherwise available" for "for the operation of the superior courts of the state" at the end of the last sentence.
The 2010 amendment, effective July 1, 2010, deleted "and shall be remitted to the state agency, together with the required employer contributions" following "employee" at the end of the second sentence.