Title 47 — Title 47

(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…

Any member retired under this chapter or vested for a benefit under this chapter may serve as a senior judge as provided for in Code Section 15-1-9.2 or Code Section 15-1-9.3 or as otherwise provided by legislation enacted after July 1, 1998, and compensation for such service sha…

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…

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…

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…

(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…

(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…

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.…

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…

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…

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.) 47-23-27. Legal adviser.

The Attorney General shall be legal adviser of the board. (Code 1981, § 47-23-27, enacted by Ga. L. 1998, p. 513, § 1.) 47-23-28. Transfer of contributions from earlier funds.

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…

(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…

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…

For purposes of complying with federal Internal Revenue Service rules and regulations, the plan year for this retirement system shall be the 12 month period beginning on July 1 of each year. (Code 1981, § 47-23-31, enacted by Ga. L. 2009, p. 947, § 32/HB 202.) Effective date. — T…

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 …

(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…

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…

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 …

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…

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 …

(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…

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…

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.) 47-…

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…

(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…

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…

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: (…

As used in this chapter, the term: (1) ‘‘Board’’ means the Board of Trustees of the Employees’ Retirement System of Georgia. 731 47-24-21 (2) ‘‘Creditable service’’ means prior service, membership service, and other service for which credit is allowed toward retirement under this…

(a) Upon the written application to the board, any member of the fund who: (1) Has attained the age of 60 years; (2) Has completed 20 or more years of creditable service, at least 15 of which were service as a member of the Georgia National Guard; (3) Served at least ten consecut…

Upon retirement under subsection (a) of Code Section 47-24-100, the retired member shall receive a monthly service retirement allowance of $50.00 plus an additional $5.00 per month for each year of creditable service over 20 years, up to a maximum monthly benefit of $100.00. (Cod…

— Pursuant to Section 2 of Ga. L. 1998, p. 147, which reads, ‘‘If that legislation creating the Georgia Judicial Retirement System, designated as 1997 House Bill 751, is enacted and becomes law, this Act shall amend Code Section 47-23-102 of the Official Code of Georgia Annotated…

Any person who knowingly makes any false statements or falsifies or permits to be falsified any records of the fund in any attempt to defraud the fund, as a result of such an act, shall be guilty of a misdemeanor and, on conviction, shall be punished by a fine not to exceed $500.…

If any change or error in the records results in any member or beneficiary receiving from the fund more or less than he or she would have been entitled to receive had the records been correct, the board shall have the power to correct such error and to adjust the payments as far …

The benefits provided under this chapter shall not be a part of any contract and shall be subject to future legislation. (Code 1981, § 47-24-122, enacted by Ga. L. 2002, p. 1153, § 1.) 738 T.47, C.25 CHAPTER 25 MAGISTRATES RETIREMENT FUND Sec. 47-25-1. Article 1 Article 5 General…

(a) A pension fund is created and placed under the administration of the Board of Trustees of the Employees’ Retirement System of Georgia to provide retirement allowances and other benefits for members of the Georgia National Guard. The pension fund shall begin operation as of Ju…

There is created an office to be known as the executive secretary of the Georgia Military Pension Fund. The director of the Employees’ Retirement System of Georgia shall serve as executive secretary of this fund. (Code 1981, § 47-24-21, enacted by Ga. L. 2002, p. 1153, § 1.) 732 …

The accumulation account shall be the account in which all reserves for the payment of the part of all retirement allowances and other benefits payable from contributions made by the employer shall be held and from which all retirement allowances payable under the fund and the ad…

All persons who are members of the Georgia National Guard on July 1, 2002, shall become members of the fund as of such date. All other persons shall become members of the fund on first becoming a member of the Georgia National Guard. (Code 1981, § 47-24-40, enacted by Ga. L. 2002…

The creditable service of a member shall include all established creditable prior service, service as a member of the Georgia National Guard since he or she became a member of the fund, and such other service as may be allowed as creditable service pursuant to this article. (Code…

In addition to the creditable service allowed pursuant to Code Section 47-24-80, any member shall receive creditable service for any past service as a member of the United States Army, Army Reserve, Army National Guard, Navy, Navy Reserve, Marine Corps, Air Force, Air Force Reser…

(a) Any provision of this article to the contrary notwithstanding, no service which is used to qualify a member for a retirement or pension benefit based on length of service, age, or physical disability from any of the regular components of the United States armed forces shall b…

As used in this chapter, the term: (1) ‘‘Average final monthly compensation’’ means the average monthly earnable compensation of any employee during his or her highest 24 months of creditable service. (2) ‘‘Board’’ means the Board of Commissioners of the Magistrates Retirement Fu…

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…

None of the funds provided for in this chapter shall be subject to attachment, garnishment, or judgment rendered against the person entitled to receive the same. Such funds shall not be assignable. (Code 1981, § 47-25-101, enacted by Ga. L. 2006, p. 246, § 1/SB 244.) 748

(a) There is created the Board of Commissioners of the Magistrates Retirement Fund of Georgia. The board shall consist of seven members as follows: (1) The Governor or the Governor’s designee; (2) An appointee of the Governor who is not the Attorney General; and (3) Five full-tim…

(a)(1) There is created the office of secretary-treasurer of the board. The secretary-treasurer shall be elected and appointed by the board and shall serve at the pleasure of the board. His or her compensation and duties may be fixed by the board. In addition to such salary, the …

(a) The board is granted the following powers and duties: (1) To provide for the collection of all moneys provided in this chapter; (2) To pay the administrative expenses of the board; (3) To hear and decide all applications for retirement benefits under this chapter; 741 47-25-2…

(a) The board shall have control of all funds provided for in this chapter and all funds shall be received and disbursed from a special account to the credit of the board. The expenses of administering this fund and the benefits provided for in this chapter shall be paid from suc…