Cessation of retirement allowance for resuming state service

(a) Except as provided in subsection (b) of this Code section, if any retired member who has not yet reached normal retirement age returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, except as a member of the General Assembly, his or her retirement allowance shall cease. Upon cessation of such service, the retired member, after proper notification to the board, shall receive the same retirement allowance which 727 47-23-110 he or she was receiving prior to returning to state service, calculated with any increases granted during the period of compensation. (b) The retirement allowance of a retired member who has reached normal retirement age and who returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, other than as a member of the General Assembly shall not cease provided that such member performs no more than 1,040 hours of such service in any calendar year. (Code 1981, § 47-23-109, enacted by Ga. L. 1998, p. 513, § 1; Ga. L. 2009, p. 752, § 1/SB 98; Ga. L. 2009, p. 947, § 34/HB 202.) The 2009 amendments. — The first 2009 amendment, effective July 1, 2009, substituted ‘‘State Personnel Administration’’ for ‘‘State Merit System of Personnel Administration’’ at the end of subsection (b). The second 2009 amendment, effective May 11, 2009, in the first sentence of subsection (a), inserted ‘‘who has not yet reached normal retirement age’’ and inserted ‘‘, including, without limitation, service directly or indirectly as or for an independent contractor,’’; and, in subsection (b), inserted ‘‘who has reached normal retirement age and’’, inserted ‘‘, including, without limitation, service directly or indirectly as or for an independent contractor,’’, and deleted ‘‘; provided, however, that no such retired member shall be eligible for employee health benefits other than those available to the member as a part of his or her retirement benefits or for any annual leave, any sick leave, or any other employee benefits available to a state employee in the classified service of the State Merit System of Personnel Administration’’ following ‘‘year’’ at the end. See the Code Commission notes regarding the effect of these amendments.