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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

49 sections·Filtered byTitle 47✕Ch 23✕

O.C.G.A. § 47-23-1 Definitions
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As used in this chapter, the term: (1) ‘‘Accumulated contributions’’ means the sum of all amounts deducted from the earnable compensation of a member or paid by the member to establish or reestablish credit for service, which amounts are credited to his or her individual account …
O.C.G.A. § 47-23-20 Administration; membership of the board; term; compensation; quorum
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(a) There is created the Georgia Judicial Retirement System which shall be administered by the Board of Trustees of the Georgia Judicial Retirement System provided for by this Code section. (b) The board shall be composed of all members of the Board of Trustees of the Employees’ …
O.C.G.A. § 47-23-21 Authority of board
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(a) The board is given the following authority, powers, and duties: (1) To contract with proper federal authorities for old-age, survivors, and disability insurance coverage under the Social Security Act; (2) To provide for the collection of all moneys provided for in this chapte…
O.C.G.A. § 47-23-22 Control of funds; investments
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(a) The board shall be the trustees of the funds and shall have control of the funds provided for in this chapter and all funds received by the board shall be deposited into the Georgia Judicial Retirement System Fund. The benefits provided for in this chapter and all administrat…

O.C.G.A. § 47-23-23 Gifts

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The board may take, by gift, grant, or bequest, any money, real or personal property, or any other thing of value and may hold or invest the same for the uses and purposes of the retirement system in accordance with this chapter. (Code 1981, § 47-23-23, enacted by Ga. L. 1998, p.…

O.C.G.A. § 47-23-24 Records; audited annual financial statement

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The board shall keep permanent records of all its accounts in granting retirement and disability benefits and shall keep proper records and books concerning its operation. Each year the board shall publish an audited annual financial statement of the retirement system. (Code 1981…

O.C.G.A. § 47-23-25 Payment of administrative expenses

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In order to pay the administrative expenses of the fund and upon the receipt of a request from the board on or after July 1, 1998, and each year thereafter, The Council of Superior Court Judges of Georgia, The Council of State Court Judges of Georgia, the Council of Juvenile Cour…

O.C.G.A. § 47-23-26 Administration of fund

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The board shall contract with the Employees’ Retirement System of Georgia for the administration of the fund. (Code 1981, § 47-23-26, enacted by Ga. L. 1998, p. 513, § 1.)

O.C.G.A. § 47-23-27 Legal adviser

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The Attorney General shall be legal adviser of the board. (Code 1981, § 47-23-27, enacted by Ga. L. 1998, p. 513, § 1.)

O.C.G.A. § 47-23-28 Transfer of contributions from earlier funds

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All employer and employee contributions, plus the earnings on such amounts, made to a predecessor retirement system by or on behalf of any member of this retirement system, together with all other funds and assets held by such retirement systems shall be transferred to the Georgi…

O.C.G.A. § 47-23-29 Survivors benefits — Group term life insurance

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(a) Wherever the term ‘‘survivors benefits’’ is used or referred to in this chapter, it shall be construed to be group term life insurance. Whenever reference is made in this Code section to members of this retirement system, such reference shall include active superior court jud…

O.C.G.A. § 47-23-30 Contract for group term life insurance protection

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The board of trustees may provide group term life insurance protection for the members of the retirement system as the survivors benefits program provided for in Code Section 47-23-29 by contracting for such service with the board of trustees of the Employees’ Retirement System o…

O.C.G.A. § 47-23-40 Eligibility

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Any person who on June 30, 1998, was an active, inactive, or retired member of a predecessor retirement system shall be transferred to this retirement system in the same status effective July 1, 1998. Any person who on June 30, 1998, was a beneficiary of a predecessor retirement …

O.C.G.A. § 47-23-41 Employee contributions

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(a) Any person who becomes a superior court judge, a judge or solicitor-general of a state court, a juvenile court judge, or a district attorney on or after July 1, 1998, shall be a member of this retirement system and shall make employee contributions into the fund. The provisio…

O.C.G.A. § 47-23-43 Preservation of prior rights under this Code section by certain attorneys employed by Legislative Counsel or Department of Law

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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-…

O.C.G.A. § 47-23-44 Members receiving benefits from predecessor retirement systems; creditable service with other systems

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(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, 19…

O.C.G.A. § 47-23-45 Effect of change in employment

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Any member of this retirement system shall be entitled to remain as a member by holding any position or office covered by the fund and shall receive full credit for all service as a member despite his or her change from one position or office to another covered by the fund. Upon …

O.C.G.A. § 47-23-46 Members from District Attorneys’ Retirement System

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Any member who on June 30, 1998, was entitled to remain a member of the District Attorneys’ Retirement System while employed in a position covered by Chapter 2 of this title pursuant to the provisions of Code Section 47-13-40.1, as such Code section appeared on June 30, 1998, sha…

O.C.G.A. § 47-23-47 Transfer of members’ contributions

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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 Council of Superior Court Judges of Georgia, The Council of State Court Judges …

O.C.G.A. § 47-23-48 Election of retirement system; effect of subsequent legislation

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(a)(1) Any member of this retirement system who is vested for a normal retirement benefit who without a break in service becomes the head of a state department or agency or who is appointed by the Governor to a full-time salaried position on a state board or commission may make a…

O.C.G.A. § 47-23-50 Retirement options for state judges serving Fulton County

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Any person who becomes a judge of the State Court of Fulton County on or after July 1, 2004, shall become a member of this retirement system by operation of law and shall not be a member of any other public retirement system. (Code 1981, § 47-23-50, enacted by Ga. L. 2004, p. 573…

O.C.G.A. § 47-23-60 Transfer of service credits

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Any creditable service credited to any member of this retirement system pursuant to a predecessor retirement system shall be deemed to be creditable service for the purposes of this chapter, effective July 1, 1998. (Code 1981, § 47-23-60, enacted by Ga. L. 1998, p. 513, § 1.)

O.C.G.A. § 47-23-61 Establishing creditable service

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Any member who on June 30, 1998, was entitled to receive creditable service for prior service as a state court judge, state court solicitor-general, or juvenile court judge pursuant to the provisions of Code Section 47-9-41.1, as such Code section appeared on June 30, 1998, shall…

O.C.G.A. § 47-23-62 Obtaining creditable service; obtaining creditable service in other systems; calculations

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(a)(1) Any member who became a member on July 1, 1998, and any member who becomes a member after that date may receive creditable service for the number of years he or she contributed to the Employees’ Retirement System of Georgia pursuant to Code Section 47-2-262. (2) In order t…

O.C.G.A. § 47-23-63 Definition and effect of full-time and part-time service; calculations

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(a) As used in this Code section, the term: (1) ‘‘Full-time service’’ means any service in a covered position during which such member was generally prohibited from the practice of law by virtue of holding such position. (2) ‘‘Part-time service’’ means any service in a covered po…

O.C.G.A. § 47-23-64 Transfer of funds from Employees’ Retirement System of Georgia by judges, solicitor general, or district attorneys; crediting service

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(a)(1) Any superior court judge, state court judge, solicitor general, or district attorney who was previously an active member of the Employees’ Retirement System of Georgia may elect to have all contributions made by or on behalf of such member transferred from such retirement …

O.C.G.A. § 47-23-65 Creditable service for certain prior service

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Any superior court judge or district attorney who is an active member of this retirement system may receive up to five years of creditable service for his or her past service as a circuit-paid assistant district attorney who was not eligible to participate in a local retirement p…

O.C.G.A. § 47-23-80 Contributions by superior court judges and district attorneys; employer contributions

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(a) The provisions of this Code section shall be applicable to judges of the superior courts and district attorneys. The amount of employee contributions to the fund by superior court judges shall be 7 1/2 percent of the earnable monthly compensation from state funds provided by …

O.C.G.A. § 47-23-81 Contributions by judges and solicitors-general of state courts; employer contributions; reports required

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(a) The provisions of this Code section shall be applicable to judges and solicitors-general of state courts. The basis for employer and employee contributions to the fund with respect to a judge or solicitor-general of a state court shall be the actual earnable monthly compensat…

O.C.G.A. § 47-23-82 Contributions by juvenile court judges; employer contributions; reports required

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(a) The provisions of this Code section shall be applicable to juvenile court judges. The basis for employer and employee contributions to the fund with respect to juvenile court judges shall be the earnable monthly compensation paid to such judges by the employing units paying t…

O.C.G.A. § 47-23-83 Termination of membership prior to vesting

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Whenever any member of this retirement system terminates his or her membership prior to acquiring a vested right to any retirement benefits and withdraws his or her total employee contributions, plus regular interest, from the funds held by the board, the following shall occur: (…

O.C.G.A. § 47-23-100 Salary defined

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(a) As used in this article, the term ‘‘salary’’ means: (1) For superior court judges, the earnable monthly compensation from state funds provided by law for judges of the superior courts on the date the member begins receiving a retirement benefit; (2) For district attorneys, th…

O.C.G.A. § 47-23-101 Calculation of benefits based on salary after July 1, 1998

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For members who become members after July 1, 1998, no portion of any salary, as defined in Code Section 47-23-100, earned after July 1, 1998, which is used to calculate benefits under this retirement system may be used to calculate benefits under any other state or local retireme…

O.C.G.A. § 47-23-102 Vesting; benefits upon retirement

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The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service; provided, however, that no member shall receive a retirement benefit prior to attaining the age of 60 years. Except as otherwise provided in Article 2…

O.C.G.A. § 47-23-103 Normal retirement age under this retirement system shall be the date the member has reached age 60 years of age, provided that he or she has at least ten years of creditable service

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For purposes of Section 402(1) of the federal Internal Revenue Code regarding distributions from governmental plans for health and long-term care insurance for public safety officers, normal retirement age shall be the earliest date when the member has satisfied the requirements …

O.C.G.A. § 47-23-104 Disability; determination of benefits; determining disability

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(a) After obtaining a minimum of four years of creditable service, any member who becomes totally and permanently disabled to the extent that he or she is unable to perform the duties of his or her office shall be entitled to receive a disability retirement benefit which shall be…

O.C.G.A. § 47-23-105 Spouses’ benefits; ceasing spouses’ benefits; vesting; designation of survivors benefits

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(a)(1) Except as otherwise provided by subsection (b) of this Code section, each member of this retirement system shall pay for spouses’ benefits an employee contribution of 2 1/2 percent of the salary paid to such member. Such contribution shall be in addition to that required u…

O.C.G.A. § 47-23-106 County supplement of salaries

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(a) Whenever any county within a judicial circuit supplements the state salary paid to active superior court judges or the district attorney of said circuit, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pursuan…

O.C.G.A. § 47-23-107 Appointing beneficiary

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If there is no surviving spouse or survivor of a member covered by Code Section 47-23-105 or if a member not covered by such Code section dies before retirement, the amount of accumulated contributions made by such member, with regular interest on such amount, shall be paid to hi…

O.C.G.A. § 47-23-108 Withdrawal of funds

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Except as otherwise expressly provided in this chapter, if a member ceases to be employed in a covered position, he or she may withdraw the total sum, with 6 percent interest, which he or she has paid into the fund. The member shall not be eligible at any time after such withdraw…

O.C.G.A. § 47-23-109 Cessation of retirement allowance for resuming state service

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(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 contracto…

O.C.G.A. § 47-23-120 No abridgement of rights under predecessor retirement provisions

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This chapter shall not deny or abridge any right, benefit, option, credit, or election to which any person was entitled under a predecessor retirement system on June 30, 1998, and the board of trustees is authorized and directed to provide by regulation for the continuation of an…

O.C.G.A. § 47-23-121 Exemption from levy and sale, garnishment or attachment

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The 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 created by this chapter are exempt from levy and sale, garnishment, attachment, or any other process whatsoever and shall not be a…

O.C.G.A. § 47-23-122 Falsification of records; correction of errors; participation in Employees’ Retirement System or Superior Court Judges Retirement Fund

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(a) Any person who knowingly makes any false statements or falsifies or permits to be falsified any record or records of the retirement system in an attempt to defraud the retirement system as a result of such an act shall be guilty of a misdemeanor and, upon conviction thereof, …

O.C.G.A. § 47-23-123 Participation in Superior Court Judges Retirement Fund, District Attorneys Emeritus, and District Attorneys Retirement Fund

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No member of this retirement system shall be eligible to participate in the Superior Court Judges Retirement Fund of Georgia created by Chapter 8 of this title or the District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia created by Chapter 12 of this t…

O.C.G.A. § 47-23-124 Legislative intent

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It is the intention of the General Assembly that except as is expressly provided in an Act approved April 2, 1998 (Ga. L. 1998, p. 513), creating this retirement system, the benefits and conditions precedent to receiving benefits as provided by this chapter shall apply to all cov…

O.C.G.A. § 47-23-110 RETIREMENT AND PENSIONS Sec

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Calculation of benefits based on salary after July 1, 1998. Vesting; benefits upon retirement. Retirement based on age; application to retire. Disability; determination of benefits; determining disability. Spouses’ benefits; ceasing spouses’ benefits; vesting; designation of surv…

O.C.G.A. § 47-23-31 Administration; membership of the board; term; compensation; quorum

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Authority of board. Control of funds; investments. Gifts. Records; audited annual financial statement. Payment of administrative expenses. Administration of fund. Legal adviser. Transfer of contributions from earlier funds. Survivors benefits — Group term life insurance. Contract…

O.C.G.A. § 47-23-42 Election of retirement system; effect of subsequent legislation

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Irrevocable election by individuals employed but previously ineligible; creditable service [Repealed]. Retirement options for state judges serving Fulton County. Eligibility. Employee contributions. Judges and solicitors-general of state courts ineligible. Preservation of prior r…