GA Code § 47-4-80 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 4 - Public School Employees Retirement System|Article 5 - Service Creditable Toward Retirement|§ 47-4-80. Determination of Membership Service; Prior Service Credit and Prior Service Certificate; Creditable Service; Credit for Membership in Teachers Retirement System

  The board shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one year of membership service, but in no case shall more than one year of service be creditable for all service in one calendar year. In developing rules and regulations to determine how much service in any year is equivalent to one year of membership service, the board shall be guided by the nature of the employment being considered and the number of months, weeks, days, and hours normally worked to carry out the normal duties associated with the employment. Service rendered for a regular school year shall be equivalent to one year of service in any case.   Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of the membership service rendered by him or her since he last became a member and, if he or she has a prior service certificate in full force and effect, the amount of the service certified on his or her prior service certificate.   Any person who leaves public school employment at any time after January 1, 1970, to enter military service may return to public school employment at any time within five years after being released from military service and shall receive credit for such active military service upon the payment of employee contributions which would have been paid during his or her absence while in military service, plus the regular interest that would have accrued on such contributions.   Any member who was a member of the Teachers Retirement System of Georgia because the member held a position which required membership in that retirement system and who, during membership in said teachers retirement system, also held a position as a public school employee for which creditable service under this retirement system has not been obtained shall have the right to obtain credit for such prior service as a public school employee by paying to the board of trustees the employee contributions that would have been paid to this retirement system during the period of such prior service plus regular interest thereon compounded annually from the time the prior service was rendered until the date of payment. Any member wishing to obtain credit for prior service under this subsection shall apply therefor to the board of trustees.    (Ga. L. 1969, p. 998, § 5; Ga. L. 1974, p. 1242, § 1; Ga. L. 1975, p. 1490, § 1; Ga. L. 1977, p. 311, § 1; Ga. L. 1981, p. 1888, § 1; Ga. L. 1988, p. 638, § 1; Ga. L. 1993, p. 86, § 1; Ga. L. 2010, p. 1207, § 49/SB 436.)    The 2010 amendment,  effective July 1, 2010, deleted former subsection (b), which read: "Under such rules and regulations as the board shall adopt, each member who was a public school employee at any time from July 1, 1945, until the commencement date shall be entitled to file a detailed statement of all services as a public school employee rendered by him prior to the commencement date and for which he claims credit. If any person who would otherwise have qualified under this subsection is on leave in the armed forces of the United States, such person shall have six months after termination of his military service to qualify under this subsection for prior service credit. Upon verification of such statement of service, the board shall issue a prior service certificate based on the member's statement of service and certifying to the member the period of service prior to the commencement date with which he is credited. As long as a membership continues, a prior service certificate shall be final and conclusive proof of such service for retirement purposes. A member may within one year from the date of issuance or modification of his prior service certificate request the board to modify or correct such certificate. When membership ceases, such prior service certificate shall become void."; redesignated former subsections (c) and (d) as present subsections (b) and (c), respectively; in present subsection (b), inserted "or her" twice and inserted "or she" near the middle; deleted former subsections (e) through (i); and redesignated former subsection (j) as present subsection (d).   Cross references.   - Creditable service not allowed for military service from which discharge was other than honorable, § 47-1-11.   Editor's notes.   - Ga. L. 2010, p. 1207, § 1, not codified by the General Assembly, provides that: "The intent of this Act is to repeal obsolete and inoperative provisions and to make certain stylistic corrections in Title 47 of the Official Code of Georgia Annotated. Nothing in this Act shall deny, abridge, increase, renew, revive, or on any way affect any right, benefit, option, credit, 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 system is authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this Act; provided, however, that any such right, benefit, option, credit, or election shall be subject to the statutory provisions in effect on June 30, 2010."   OPINIONS OF THE ATTORNEY GENERAL   May establish credit for prior service with local board.    - Public school employee is entitled to establish credit under the retirement system pursuant to the provisions of this statute for prior service with a local board of public education; the employee must comply with the provisions as to age, length of service, and the specified time during which the prior service must have been performed. 1979 Op. Att'y Gen. No. 79-57 (see O.C.G.A. § 47-4-80).   RESEARCH REFERENCES   Am. Jur. 2d.   - 60A Am. Jur. 2d, Pensions and Retirement Funds, §§ 1168, 1192 et seq., 1226 et seq., 1231.   C.J.S.   - 67 C.J.S., Officers and Public Employees, § 316 et seq. 78 C.J.S., Schools and School Districts, § 264 et seq.   ALR.   - Disciplinary suspension of public employee as affecting computation of length of service for retirement or pension purposes, 6 A.L.R.2d 506.