Retirement after disability

Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing four years of creditable service if he becomes totally and permanently disabled after commencing service as a probate judge or as an employee of the board. Any such probate judge or employee shall be entitled to receive retirement benefits in the amount that he would receive if his retirement were effective at the time he became disabled. All questions relating to the degree and nature of the total and permanent disability suffered by the probate judge or employee shall be determined by the board. (Code 1981, § 47-11-73, enacted by Ga. L. 1986, p. 1249, § 2; Ga. L. 1992, p. 1037, § 7.) 513 T.47, C.11, A.6 RETIREMENT AND PENSIONS 47-11-91 ARTICLE 6 MISCELLANEOUS PROVISIONS 47-11-90. Effect of insufficiency of funds on payment of retirement benefits; liability of board for such insufficiencies. If the board determines that the funds derived from the sources provided for in this chapter are not actuarially sufficient at any time to enable the board to pay in full each person determined to be entitled to the benefits provided for, plus all contingent and other liabilities, then a prorated percentage of such payments shall be made to each person entitled thereto until the funds shall be replenished actuarially sufficiently to enable the board to resume such payments in accordance with the terms of this chapter. In no event shall the board or any member thereof be liable to any person for any deficiency in payments made under this Code section. (Ga. L. 1958, p. 185, § 12; Ga. L. 1959, p. 354, § 5.)