Judges and solicitors-general of state courts ineligible

Judges and solicitors-general of state courts who are members of the Employees’ Retirement System of Georgia pursuant to Code Section 47-2-290 shall not be eligible to become members of this retirement system. (Code 1981, § 47-23-42, enacted by Ga. L. 1998, p. 513, § 1.) 47-23-43. Preservation of prior rights under this Code section by certain attorneys employed by Legislative Counsel or Department of Law. Any person employed pursuant to Code Section 28-4-3 or 45-15-31 subject to the provisions of this Code section on June 30, 2005, shall retain all rights and obligations as exist on that day. Such persons shall be subject to all provisions of this chapter applicable to solicitors-general of the state courts. Employer contributions shall be paid by the respective employers under such Code sections. (Code 1981, § 47-23-43, enacted by Ga. L. 1998, p. 513, § 1; Ga. L. 2000, p. 131, § 1; Ga. L. 2005, p. 57, § 1/HB 492; Ga. L. 2009, p. 315, § 1/HB 210.) The 2009 amendment, effective July 1, 2009, inserted ‘‘employed pursuant to Code Section 28-4-3 or 45-15-31’’ near the beginning of the first sentence and added the last sentence. Editor’s notes. — The persons subject to provisions of this Code section as it existed on June 30, 2005, included certain attorneys employed by the Office of Legislative Counsel pursuant to Code Section 28-4-3 and by the Department of Law pursuant to Code Section 45-15-31. For provisions of this Code section that were in effect on June 30, 2005, see Ga. L. 1998, p. 513, § 1, as amended by Ga. L. 2000, p. 131, § 1. 47-23-44. Members receiving benefits from predecessor retirement systems; creditable service with other systems. (a) The provisions of this Code section shall apply only to persons who become members or beneficiaries of this retirement system by operation of Code Section 47-23-40. (b) Any beneficiary of this retirement system subject to the provisions of this Code section who on June 30, 1998, was receiving a benefit from two predecessor retirement systems shall continue to receive both such benefits from this retirement system as if he or she were a beneficiary of two retirement systems. (c) Any member subject to this Code section who on June 30, 1998, is receiving a retirement benefit from one predecessor retirement system and is an active member of another predecessor retirement system shall continue to receive such retirement benefit from this retirement system and shall continue as an active member of this retirement system. Upon complying with all conditions precedent to receiving a benefit under this retirement system, such member shall be entitled to receive both such 704 47-23-45 benefits in the same manner as if he or she were a member of two separate retirement systems. (d) Any member subject to the provisions of this Code section who on June 30, 1998, has ten or more years of creditable service in one predecessor retirement system but has not yet begun receiving a retirement benefit and who on such date was an active member of another predecessor retirement system may: (1) Continue his or her status in this retirement system as if he or she were a member of two retirement systems, and upon retirement his or her retirement benefits in both capacities shall be calculated as provided under this retirement system; or (2) Combine the years of service under the predecessor retirement system with his or her years of service under this retirement system as provided in Code Section 47-23-45. (e)(1) As used in this subsection, the term ‘‘category of covered position’’ means service as: (A) A judge of the superior courts; (B) A judge or solicitor-general of a state court or a juvenile court judge; or (C) A district attorney. (2) Any member subject to the provisions of this Code section who after June 30, 1998, obtains ten or more years of service in one category of covered positions and who subsequently becomes employed in another category of covered position may, at his or her option: (A) Consider himself or herself vested in a retirement benefit in the initial position and begin accruing service in the subsequent position as if he or she were a member of two retirement systems; or (B) Combine the years of service under this retirement system as provided in Code Section 47-23-45. (Code 1981, § 47-23-44, enacted by Ga. L. 1998, p. 513, § 1.) 47-23-45. Effect of change in employment.