Title 47 — Title 47
0 chapters · 311 sections in this title.
O.C.G.A. § 47-1-1 Intent of codification and enactment of this title
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The enactment of Title 47 of this Code is intended only as a recodification of the existing laws of this state relating to retirement and pensions. The codification and enactment of this title are not intended to nor shall they be construed to increase, diminish, grant, destroy, …
O.C.G.A. § 47-1-10 Intent of codification and enactment of this title
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Pooling of funds by retirement systems for investment purposes; accounting practices with regard to pooled funds. Power of a local retirement system to hire an actuary; payment of the administrative costs of a local retirement system; periodic actuarial investigations; annual fin…
O.C.G.A. § 47-1-11 Editor’s notes
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— Ga. L. 1990, p. 527, § 3, not codified by the General Assembly, provides: ‘‘Any creditable service obtained prior to the effective date of this Act under the Employees’ Retirement System of Georgia and under a local retirement or pension system by any person who is subject to t…
O.C.G.A. § 47-1-13 Maximum compensation used in computing employee and employer contributions
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(a) As used in this Code section, the term ‘‘eligible member’’ means a person who became a member of a public retirement or pension system prior to the plan year beginning after December 31, 1995. (b) Any other provision of law to the contrary notwithstanding, the maximum compens…
O.C.G.A. § 47-1-13.1 Annual compensation limits in determining benefits or contributions due
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(a) As used in this Code section, the term: (1) ‘‘Annual compensation’’ means compensation during the determination period. Such term shall include any cost-of-living adjustment in effect for a calendar year if the determination period begins with or within such calendar year. (2…
O.C.G.A. § 47-1-20 Definitions
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As used in this article, the term: (1) ‘‘Conviction’’ means a judgment of conviction for the commission of a crime which is entered upon a verdict or plea of guilty. (1.1) ‘‘Drug related crime’’ means a felony specified in subsection (b) of Code Section 16-13-30 and any felony sp…
O.C.G.A. § 47-1-21 Definitions
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Termination of membership in public retirement system for committing public employment related crimes; applicability to employees on July 1, 1985; determination of benefits. 47-1-22. Reduction and forfeiture of rights and benefits by public employees after July 1, 1985, for commi…
O.C.G.A. § 47-1-30 Authority to increase benefits
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(a) As used in this Code section, the term: (1) ‘‘Board of trustees’’ means the board of trustees or other fiscal authority or governing body, by whatever name designated, of a retirement system. (2) ‘‘Retirement system’’ means a retirement or pension system or fund created by or…
O.C.G.A. § 47-1-40 Definitions
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As used in this article, the term: (1) ‘‘Public employee’’ means an active member of a retirement system defined in paragraph (2) of this Code section. (2) ‘‘Retirement system’’ means: (A) The Employees’ Retirement System of Georgia provided for in Chapter 2 of this title; (B) Th…
O.C.G.A. § 47-1-42 Use of other provisions of article not precluded
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Obtaining creditable service pursuant to the provisions of this article shall not preclude the use of the provisions of this article to obtain creditable service for another future temporary disability, provided that there is a period of at least five years of active service as a…
O.C.G.A. § 47-1-43 Definitions
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Employees authorized to receive creditable service for period of temporary disability; application for creditable service; payment of employee contributions during period. Use of other provisions of article not precluded. Applicability of article; proof of temporary disability. A…
O.C.G.A. § 47-1-6 Code Commission notes
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— The amendment of this Code section by Ga. L. 2002, p. 1159, § 1, irreconcilably conflicted with and was treated as superseded by Ga. L. 2002, p. 1160, § 3. See County of Butts v. Strahan, 151 Ga. 417 (1921).
O.C.G.A. § 47-1-60 Definitions
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As used in this article, the term: 30 47-1-61 (1) ‘‘Creditable service’’ means service with a public retirement system or fund used in the same manner as actual service in the computation of all rights and benefits. (2) ‘‘Public retirement system or fund’’ means a public retireme…
O.C.G.A. § 47-1-84 Modifications by board of trustees
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(a) Notwithstanding any other provision of this title to the contrary, the board of trustees of a retirement or pension system may modify a request by 42 47-1-86 a plan member to make a contribution to the public retirement or pension system if the amount of the contribution woul…
O.C.G.A. § 47-1-85 Assets of public retirement or pension system to be held in trust
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(a) The assets of a public retirement or pension system shall be held in trust, and it shall not be possible at the time prior to satisfaction of all liabilities to plan members and their beneficiaries under the public retirement or pension system for any part of said assets to b…
O.C.G.A. § 47-1-86 Adopted plan document or rules and regulations govern
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Any other provision of this chapter to the contrary notwithstanding, to the extent that the Board of Trustees of the Georgia Municipal Employees Benefit System created by Chapter 5 of this title has adopted a plan document or rules and regulations that are in compliance with Sect…
O.C.G.A. § 47-2-1 Definitions
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As used in this chapter, the term: (1) ‘‘Accumulated contributions’’ means the sum of all the 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 the member’s individual ac…
O.C.G.A. § 47-2-100 Additional creditable service
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(a) Any member of this retirement system may obtain up to an additional three years of creditable service as provided in this Code section. In order to obtain such additional creditable service, the member must: (1) Make application to the board of trustees in such manner as the …
O.C.G.A. § 47-2-111 Persons eligible to retire at age 55
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Any other provision of this chapter to the contrary notwithstanding, any member employed by the Uniform Division of the Department of Public Safety as an officer, a noncommissioned officer, or a trooper; by the Georgia Bureau of Investigation as an officer or agent; by the Depart…
O.C.G.A. § 47-2-120 Retirement allowances
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(a) Upon service retirement, a member shall receive a service retirement allowance which shall consist of: (1) An annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her retirement; and (2) A pension equal to the annuity a…
O.C.G.A. § 47-2-121 Optional retirement allowances
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(a) A member may elect to convert the retirement allowance otherwise payable to him or her into a modified retirement allowance of equivalent actuarial value in accordance with one of the options set forth in subsections (b) through (e) of this Code section; provided, however, th…
O.C.G.A. § 47-2-126 Restoration to service of disability beneficiary
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If a disability beneficiary is restored to service, the retirement allowance of the beneficiary shall cease and the beneficiary shall again become a contributing member of the retirement system. Anything in this chapter to the contrary notwithstanding, any prior service certifica…
O.C.G.A. § 47-2-127 Applicable ages for computation of benefits; duration of benefits
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In the application of Code Sections 47-2-121, 47-2-123, 47-2-124, and subsection (d) of Code Section 47-2-120 to allowances, the monthly benefit of the member, whether dead or in life, or his beneficiary shall be computed as if the member attained age 60 or 65, whichever is appli…
O.C.G.A. § 47-2-128 Survivors benefit coverage; fund; contributions
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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. (b) Pursuant to the provisions of this Code section, Code Section 47-2-129, and rules or regulations adopted for such purpose, the board of …
O.C.G.A. § 47-2-129 Group term life insurance protection as part of survivors benefits program
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47-2-130. Refund of accumulated contri- 47-2-141. 47-2-142. Credit for transfer to a federal agency during a national emergency; retransfer to employment under retirement system; termination of federal employment. Employer contributions for transfer to federal agency; accumulated…
O.C.G.A. § 47-2-164 Membership of employees of the General Assembly; contributions
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(a) Anything in this chapter to the contrary notwithstanding, any employee of the General Assembly who is in a position which normally requires actual performance of duties during the full 12 months of the calendar year, as reflected by the state auditor’s report, shall, as a con…
O.C.G.A. § 47-2-182 Credit for service to certain members of local retirement systems
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(a) As used in this Code section, the term: (1) ‘‘Local retirement system’’ means a retirement system maintained by a county or independent school district for the purpose of providing a retirement benefit program for the teachers and other employees of the county or independent …
O.C.G.A. § 47-2-190 Transfer to Employees’ Retirement System of Georgia prohibited
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Any member who has service credits with the Public School Employees Retirement System may not have any such service credits transferred to the Employees’ Retirement System of Georgia. (Code 1981, § 47-2-190, enacted by Ga. L. 1987, p. 575, § 7.) Part 4 Employees of Certain State …
O.C.G.A. § 47-2-2 Definitions
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Involuntary separation from employment; grounds and procedures for discharge of employees. Employee’s right to judicial review following discharge from employment. 47-2-3. 47-2-28. 47-2-29. 47-2-30. Article 2 Creation, Administration, and Management of the Assets of the Retiremen…
O.C.G.A. § 47-2-24 Designation of medical board; duties
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The board of trustees shall designate a medical board of three physicians who are not eligible to participate in the retirement system. If required, other physicians may be employed to report on special cases. The medical board shall arrange for and pass upon all medical examinat…
O.C.G.A. § 47-2-25 Legal adviser of the board of trustees
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The Attorney General shall be the legal adviser of the board of trustees. (Ga. L. 1949, p. 138, § 6; Ga. L. 2010, p. 1207, § 65/SB 436.) or election to which any person was entitled pursuant to such title on June 30, 2010, and the board of trustees of each public retirement syste…
O.C.G.A. § 47-2-265 Membership in retirement system of district attorney investigators
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(a) As used in this Code section, the term ‘‘district attorney investigator’’ means a district attorney investigator who is compensated from state funds pursuant to Code Section 15-18-14.1. 175 47-2-265 (b) Effective on July 1, 1988, or on first becoming a district attorney inves…
O.C.G.A. § 47-2-266 Membership of judicial employees; contributions
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(a) As used in this Code section, the term: (1) ‘‘Judicial employee’’ means: (A) A full-time assistant to a district administrative judge and any full-time secretarial or clerical judicial administrative district employee employed pursuant to the provisions of Code Section 15-5-6…
O.C.G.A. § 47-2-267 Membership of employees of district attorneys; contributions
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Except as provided in Code Section 47-2-265, each full-time employee of a district attorney, which employee is compensated through funds appropriated by the General Assembly, shall be a member of this retirement system as a condition of employment. Any such employee who is alread…
O.C.G.A. § 47-2-29 Postretirement benefit adjustments
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(a) On a date to be established by the board of trustees, but not before April 1, 1967, the board of trustees is authorized to adopt a method of providing for postretirement benefit adjustments for the purpose of maintaining essentially no less purchasing power for a beneficiary …
O.C.G.A. § 47-2-291 Prior service as a judge or solicitor of a court of record
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Prior service performed by a member as a judge or solicitor of a court of record shall be creditable year for year, not to exceed five years for each type of service, notwithstanding that such service may have been for longer periods. (Ga. L. 1952, p. 175, § 3.)
O.C.G.A. § 47-2-295.1 Employees of Department of Juvenile Justice
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(a) As used in this Code section, the term: (1) ‘‘Department’’ means the Department of Juvenile Justice. (2) ‘‘Local retirement system’’ means a retirement or pension system maintained by a county which includes as members thereof county probation and intake employees who become …
O.C.G.A. § 47-2-296 County probation system employees
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(a) As used in this Code section, the term ‘‘local retirement system’’ means a retirement or pension system maintained by a county which includes as members thereof employees of the county probation system which becomes a part of the state-wide probation system, and the term incl…
O.C.G.A. § 47-2-298 Employees of county departments of family and children services
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(a) As used in this Code section, the term ‘‘local retirement system’’ means a retirement or pension system maintained by a county which includes as members thereof employees of the county department of family and children services and the term includes any such retirement or pen…
O.C.G.A. § 47-2-3 Employee’s right to judicial review following discharge from employment
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(a) As used in this Code section, the term: (1) ‘‘Employee’’ means an employee subject to the provisions of Code Section 47-2-2 who is discharged from employment pursuant to that Code section and who is aggrieved by such discharge from employment. (2) ‘‘Employer’’ shall have the …
O.C.G.A. § 47-2-33 Plan year designated
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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, § 47-2-33, enacted by Ga. L. 2009, p. 947, § 13/HB 202.) Effective date. — Th…
O.C.G.A. § 47-2-350 Short title
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This article shall be known and may be cited as the ‘‘Georgia State Employees’ Pension and Savings Plan.’’ (Code 1981, § 47-2-350, enacted by Ga. L. 2008, p. 1005, § 1/SB 328.) 47-2-351. ‘‘Member’’ defined; membership optional; calculation. (a) Except where indicated clearly to t…
O.C.G.A. § 47-2-352 Employee and employer contributions
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(a) Every member subject to this article shall contribute employee membership contributions in an amount equal to 1 1/4 percent of earnable compensation which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and pa…
O.C.G.A. § 47-2-353 Service retirement allowance
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Every member subject to this article shall, upon becoming eligible under the provisions of this chapter, be entitled to a service retirement allowance, which shall consist of: (1) An annuity which shall be the actuarial equivalent of the member’s accumulated contributions at the …
O.C.G.A. § 47-2-354 Conditions; rights, privileges, obligations, and duties
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(a) Members subject to this article shall be subject to the following conditions: (1) The following provisions shall not be applicable to members subject to this article: (A) Subsection (d) of Code Section 47-2-120; 232 47-2-354 EMPLOYEES’ RETIREMENT SYSTEM OF GEORGIA 47-2-354 (B…
O.C.G.A. § 47-2-355 Disability retirement; periodic medical examination and review
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(a)(1) Subject to the provisions of paragraphs (2) through (5) of this subsection, any member in service who has at least 15 years of creditable service who becomes disabled in service before becoming eligible to receive a service retirement allowance may be retired on a disabili…
O.C.G.A. § 47-2-356 Death allowances and benefits
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(a) For purposes of calculating a survivor’s benefit, any member who has at least 15 years of creditable service and who dies in service before becoming eligible for a service retirement shall be deemed to be eligible to retire forthwith without regard to age and to receive the e…
O.C.G.A. § 47-2-357 Withdrawal; employer contributions; vesting; date of election
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(a) As used in this Code section, the term: (1) ‘‘401(k)’’ means the deferred compensation plan offered by the state for public employees pursuant to Article 3 of Chapter 18 of Title 45 utilizing Section 401(k) of the federal Internal Revenue Code. (2) ‘‘Plan’’ means the employee…
O.C.G.A. § 47-2-359 Conflicting provisions
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The provisions of this article shall control over conflicting or inconsistent provisions of this chapter or any other law of this state. It is the intention of the General Assembly that this article has not been and may not be repealed, superseded, or modified by implication thro…
O.C.G.A. § 47-2-360 Short title
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‘‘Member’’ defined; membership optional; calculation. Employee and employer contributions. Service retirement allowance. Conditions; rights, privileges, obligations, and duties. Disability retirement; periodic medical examination and review. Death allowances and benefits. Withdra…