Title 47

(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; (4) To make…

(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…

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 it for the use and purposes of the fund in accordance with this chapter. (Code 1981, § 47-25-24, enacted by Ga. L. 2006, p. 246, § 1/SB 244.)

The board shall keep permanent records of all persons who qualify to participate in the benefits of this chapter, an accurate record of all payments and disbursements, and a detailed record of all the acts and doings of the board. (Code 1981, § 47-25-25, enacted by Ga. L. 2006, p…

The state auditor is authorized and directed to make an annual audit of the acts and doings of the board and to make a complete report of the same to the General Assembly in such detail as he or she may see fit. The state auditor shall also have the right to audit the affairs of …

Before any person shall be eligible to participate in the fund, he or she must be serving as a duly qualified and commissioned full-time chief magistrate of a county of the State of Georgia or as the secretary-treasurer. Any qualified person who desires to participate in the fund…

Each member shall pay into the fund as dues the sum of $105.00 per month. Each month’s dues shall be paid not later than the tenth day of that month. (Code 1981, § 47-25-41, enacted by Ga. L. 2006, p. 246, § 1/SB 244.) ARTICLE 4 FEES

(a) In addition to all other legal costs, the sum of $3.00 shall be charged and collected in each civil matter or proceeding filed in the magistrate courts. (b) The clerks of the magistrate courts shall collect the fees provided for in subsection (a) of this Code section and the …

In order for a member to be eligible to receive retirement benefits under this chapter, he or she must have: (1) Served as a regularly qualified and commissioned full-time chief magistrate or as the secretary-treasurer for at least eight years; (2) Fully complied with this chapte…

Any member who is approved for retirement benefits as provided in Code Section 47-25-80 shall be paid a monthly sum equal to 4 percent of his or her average final monthly compensation for each year served by the member up to, but not exceeding, a total of 20 years; provided, howe…

(a) As used in this Code section, the term ‘‘surviving spouse’’ means the person who was married to a member on the date of the member’s death. (b) Upon the death of any member who is then receiving retirement benefits and upon the surviving spouse of such member attaining 60 yea…

(a) Any member, after ceasing to serve as a full-time chief magistrate or as the secretary-treasurer and after waiving any right to retirement benefits in writing on a form to be provided by the board, may apply for and be refunded all dues paid, together with 5 percent simple in…

Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing four years of creditable service if he or she becomes totally and permanently disabled after commencing service as a full-time chief magistrate or as the secretary-treasurer…

Nothing contained in this chapter shall be construed so as to prevent any person who is a member of the fund from belonging to any other retirement, annuity, or benefit system. (Code 1981, § 47-25-85, enacted by Ga. L. 2006, p. 246, § 1/SB 244.)

(a) If a retired member becomes employed as a full-time or part-time magistrate or chief magistrate, his or her retirement benefits shall be suspended during the period of time he or she holds such position, and upon cessation of such service, his or her prior retirement allowanc…

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.)