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Georgia Statutes, Title 47

Georgia/Statutes

← All Georgia coverage

Title 47

22 chapters · 673 sections in this title.

All chapters in Title 47673 Ch 2, EMPLOYEES’ RETIREMENT SYSTEM OF GEORGIA130 Ch 3, TEACHERS RETIREMENT SYSTEM OF GEORGIA69 Ch 23, GEORGIA JUDICIAL RETIREMENT SYSTEM49 Ch 1, GENERAL PROVISIONS41 Ch 7, GEORGIA FIREFIGHTERS’ PENSION FUND38 Ch 16, SHERIFFS’ RETIREMENT FUND OF GEORGIA31 Ch 20, PUBLIC RETIREMENT SYSTEMS STANDARDS31 Ch 4, PUBLIC SCHOOL EMPLOYEES RETIREMENT S…28 Ch 12, DISTRICT ATTORNEYS EMERITUS AND THE …27 Ch 17, PEACE OFFICERS’ ANNUITY AND BENEFIT FUND26 Ch 5, GEORGIA MUNICIPAL EMPLOYEES BENEFIT …24 Ch 8, SUPERIOR COURT JUDGES RETIREMENT FUN…24 Ch 14, SUPERIOR COURT CLERKS’ RETIREMENT FU…23 Ch 6, GEORGIA LEGISLATIVE RETIREMENT SYSTEM21

27 sections·Filtered byTitle 47✕Ch 12✕

O.C.G.A. § 47-12-1 Definitions
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As used in this chapter, the term: (1) ‘‘Board of trustees’’ means the Board of Trustees of the District Attorneys Retirement Fund of Georgia. (2) ‘‘Fund’’ means the District Attorneys Retirement Fund of Georgia. (3) ‘‘Member’’ means a member of the District Attorneys Retirement …
O.C.G.A. § 47-12-20 Creation of the office of district attorney emeritus
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There is created the office of district attorney emeritus. (Ga. L. 1949, p. 780, § 1.)
O.C.G.A. § 47-12-21 Creation of the fund; membership of the board of trustees; payments to the fund
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(a) There is created the District Attorneys Retirement Fund of Georgia. (b) The board of trustees of the fund shall be the Governor, the state treasurer, and an appointee of the Governor who is not the Attorney General. All payments to this fund shall be made to the board of trus…
O.C.G.A. § 47-12-22 Power of board of trustees to make rules and regulations for the administration of the fund
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The board of trustees is authorized to make such rules and regulations not inconsistent with this chapter for the proper administration of this chapter. (Ga. L. 1949, p. 780, § 14.)

O.C.G.A. § 47-12-23 Power of board of trustees to invest money received under this chapter

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The board of trustees shall have authority to invest any of the money received under this chapter in such manner as funds of the Employees’ Retirement System of Georgia are invested and reinvested. (Ga. L. 1949, p. 780, § 15; Ga. L. 1995, p. 651, § 7.)

O.C.G.A. § 47-12-24 Annual audit of the fund

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The state auditor is authorized to make an annual audit of the fund. (Ga. L. 1949, p. 780, § 16.)

O.C.G.A. § 47-12-40 Eligibility to participate in the fund

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All district attorneys of judicial circuits of this state who qualify under this chapter shall be eligible to participate in the fund. (Ga. L. 1949, p. 780, § 8.)

O.C.G.A. § 47-12-41 Payments by district attorneys into the fund

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(a) All district attorneys who qualify under this chapter shall pay into the fund the amount of 5 percent of their state salary for each year; and any district attorney who makes payment to this fund shall be eligible to retire from the office and be eligible to the appointment o…

O.C.G.A. § 47-12-42 Spouses’ benefits coverage; payments required for such coverage; effect of spouse’s death, divorce, or remarriage

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(a) Any district attorney who is married shall pay into the fund an amount equal to 2 1/2 percent of his state salary for each year of service, up to a maximum of 19 years, for spouses’ benefits coverage. Such payment shall entitle his surviving spouse to receive from the State o…

O.C.G.A. § 47-12-43 Manner of deduction of payments to the fund; penalty for late payments; payments made on behalf of the district attorney

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(a) The payment into the fund either of 5 percent or 7 1/2 percent, as applicable, of the state salary shall be deducted monthly by the Prosecuting Attorneys’ Council of the State of Georgia from the salary of each district attorney who is a member of the fund. If any such paymen…

O.C.G.A. § 47-12-44 Transfer of membership and contributions to the Employees’ Retirement System of Georgia; payment of additional state contribution upon transfer

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The board of trustees shall transfer to the Employees’ Retirement System of Georgia all contributions made to the fund by a member who transfers to the Employees’ Retirement System of Georgia; and the Prosecuting Attorneys’ Council of the State of Georgia is authorized and direct…

O.C.G.A. § 47-12-60 Eligibility for retirement from the office of district attorney and appointment to the office of district attorney emeritus

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Except as otherwise provided by general law, any person who is in at least his or her nineteenth year of service as district attorney of this state or as both a solicitor of a city court from which appeals can be taken directly to the Court of Appeals and as district attorney sha…

O.C.G.A. § 47-12-61 Credit for service rendered as a judge of a city court from which appeals can be taken directly to the Court of Appeals; payments required in order to obtain such credit

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In computing years of service as a district attorney for any purpose under this chapter, any time served by a district attorney as a judge of any city court from which appeals can be taken directly to the Court of Appeals of Georgia may be counted in computing the required number…

O.C.G.A. § 47-12-62 Credit for service rendered as a judge of a county court from which appeals can be taken directly to the Court of Appeals; payments required in order to obtain such credit

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In computing years of service as a district attorney for any purpose under this chapter, any time served by a district attorney as a judge of any county court from which appeals can be taken directly to the Court of Appeals of Georgia may be counted in computing the number of yea…

O.C.G.A. § 47-12-63 Credit for service rendered as a member of the General Assembly or as an attorney for the state or an authority thereof; payments required in order to obtain such credit

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In computing years of service as a district attorney for any purpose under this chapter, up to three years of service as a member of the General Assembly and any time served as an attorney for the state or any authority thereof on a salary basis may be counted in computing the nu…

O.C.G.A. § 47-12-64 Credit for service in the armed forces of the United States during certain national emergencies; payments required in order to obtain such credit

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In computing years of service as a district attorney, credit shall be given for services in the armed forces of the United States occasioned by only one of the following national emergencies: World War I, World War II, or the Korean Conflict. Such credit shall be given upon payme…

O.C.G.A. § 47-12-80 Retirement from the office of district attorney and appointment to the office of district attorney emeritus; term of office as district attorney emeritus

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(a) A person who desires to resign from the office of district attorney and accept appointment as a district attorney emeritus shall so advise the Governor in writing. The Governor shall appoint to such position any district attorney who is eligible under Code Section 47-12-60. U…

O.C.G.A. § 47-12-81 Practice of law during term of office as district attorney emeritus

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District attorneys emeritus are prohibited from practicing law in any cases against the State of Georgia in any of the courts of this state or of the United States. (Ga. L. 1949, p. 780, § 5; Ga. L. 1983, p. 1805, § 1.)

O.C.G.A. § 47-12-82 Salary for district attorneys emeritus; suspension of office upon eligibility for or appointment to an office of profit or trust under the United States Constitution or the Constitution of Georgia

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(a) Any person holding office as a district attorney emeritus on July 1, 1990, or who is appointed to such position on or after such date shall receive from the State of Georgia an annual salary of $15,000.00 or one-half of the state salary received by such person as a district a…

O.C.G.A. § 47-12-83 Duties of district attorney emeritus

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It shall be the duty of each district attorney emeritus to consult with and advise the district attorney of his former circuit. (Ga. L. 1949, p. 780, § 6; Ga. L. 1972, p. 362, § 1; Ga. L. 1981, p. 1392, § 2; Ga. L. 1983, p. 1805, § 2.)

O.C.G.A. § 47-12-84 Disability retirement; determination of disability; continuation of payments to the fund

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Any district attorney who, after 17 years of continuous service and the payment of amounts due under this chapter, becomes unable to perform his official duties because of ill health or other causes may retire under this chapter, provided that he is so certified by the judges of …

O.C.G.A. § 47-12-85 Resignation from the office of district attorney emeritus; reappointment to office

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Any other provision of this chapter to the contrary notwithstanding, any person who holds the office of district attorney emeritus shall have the right to resign as district attorney emeritus and also to be reappointed as district attorney emeritus upon written request to the Gov…

O.C.G.A. § 47-12-86 Withdrawal of payments to the fund; right to participate in the fund after such withdrawal; how payments made on behalf of the district attorney are to be treated

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(a) Any district attorney may, after 30 days’ written notice to the board of trustees, withdraw his total payments, without interest, from the fund. His right to participate in the benefits under this chapter shall cease unless he otherwise qualifies as an active district attorne…

O.C.G.A. § 47-12-87 Withdrawal of payments for disqualification from office or retirement; payments made upon the death of the district attorney; payments by employer

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(a) Any district attorney who resigns or otherwise becomes disqualified to hold his office shall be entitled to withdraw the total amount, without interest, which such district attorney has paid to the fund. If any district attorney dies, the total amount, without interest, paid …

O.C.G.A. § 47-12-100 Effect of sufficiency of the fund on payments to persons who are eligible for retirement benefits; order of liability for such payments

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The state shall pay benefits under this chapter to all district attorneys who are eligible for retirement under this chapter without regard to the sufficiency of the fund to pay such benefits, provided that prior to any withdrawal against general funds of the state for payment of…

O.C.G.A. § 47-12-101 Exemption of moneys and rights accruing under this chapter from taxation; exemption from levy and sale, attachment, garnishment, and other process; assignability

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The right to a retirement benefit, district attorney emeritus salary, return of contributions, any optional benefit, or any other right accrued or accruing to any person under this chapter and the moneys in the fund are exempt from any state, county, or municipal tax, except as p…

O.C.G.A. § 47-12-25 Creation of the office of district attorney emeritus

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Creation of the fund; membership of the board of trustees; payments to the fund. Power of board of trustees to make rules and regulations for the administration of the fund. Power of board of trustees to invest money received under this chapter. Annual audit of the fund. Administ…