Refunding contributed funds; penalties not refunded

All contributions to the trust fund and interest earned thereon which have been appropriated but which: 506 31-8-158 (1) Were void because of having been appropriated in violation of Code Section 31-8-156; (2) Remain unexpended and not contractually obligated at the end of the fiscal year for which they were appropriated; or (3) Are determined by the department to be ineligible for anticipated federal matching funds or other matching funds from a public source or charitable organization shall be returned to the trust fund and shall not lapse but shall be refunded pro rata to the contributors thereof, except that penalties so transferred to the fund shall not be refunded. The Office of Planning and Budget shall determine the amount required to be refunded and the pro rata distribution thereof within 60 days following the end of each fiscal year or, when the department has made a determination pursuant to paragraph (3) of this Code section, within 60 days after that determination. The amount so determined shall be refunded by the state treasurer within 60 days following that determination. History. — Code 1981, § 31-8-157, enacted by Ga. L. 1990, p. 139, § 1; Ga. L. 1993, p. 1014, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2001, p. 1240, § 5; Ga. L. 2010, p. 863, § 3/SB 296. 31-8-158. Refunding funds not appropriated or determined void or ineligible. Moneys transferred to the trust fund and interest earned thereon which have not been appropriated by the end of the fiscal year or which have been appropriated but have been determined to be: (1) Void because of having been appropriated in violation of Code Section 31-8-156; (2) Ineligible for anticipated federal matching funds; (3) Subject to return pursuant to any rule promulgated under Code Section 31-8-155; or (4) Void because of violation of the terms of a contract, agreement, or other instrument executed pursuant to subsection (c) of Code Section 31-8-155 shall be returned to the trust fund and refunded pro rata to the entities responsible for transfer. The refund shall be made by the state treasurer no less than 30 days following the end of the fiscal year or such a determination by the department, as applicable. 507 History. — Code 1981, § 31-8-158, enacted by Ga. L. 1993, p. 1014, § 1; Ga. L. 2010, p. 863, § 3/SB 296. Editor’s notes. — Ga. L. 1993, p. 1014, T.31, C.8, A.6A § 1, effective April 13, 1993, renumbered former Code Section 31-8-158 as present Code Section 31-8-159. 31-8-159. Reporting requirements.