reglab/housing_qa huggingface dataset:
GA Code § 47-11-72 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 11 - Judges of the Probate Courts Retirement Fund of Georgia|Article 5 - Retirement Benefits and Refunds of Dues|§ 47-11-72. Refund of Contributions Upon Termination of Office as Judge of the Probate Court and Waiver of Benefits; Interest on Dues Paid for Purposes of Computing Refunds to Deceased Members

  Any member of the fund, after ceasing to serve as a judge of the probate court or employee of the board 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 interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund.   Although retirement pay shall be based on Code Section 47-11-71 and nothing in this Code section shall be construed to alter same, at the effective date of retirement simple interest at a rate of 5 percent per annum shall be computed on all dues paid from the end of the calendar year in which paid to the end of the calendar year immediately preceding the date of retirement and shall be added to the total dues paid. After all retirement benefits coming due under subsection (a) or (b) of Code Section 47-11-71, as the case may be, have been paid and if the total thereof shall not be equal to or exceed the above total of dues and interest, then the balance of such principal and interest shall be paid to the estate of the deceased judge of the probate court or employee of the board.   Upon application by the estate of any member of the retirement system who dies prior to retirement and who does not have a surviving spouse who is eligible for benefits under Code Section 47-11-71.1, all dues paid by such deceased member, together with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund, shall be paid to the estate of the deceased judge of the probate court or employee of the board.   No dues may be refunded except in strict compliance with this Code section.    (Ga. L. 1958, p. 185, § 11; Ga. L. 1968, p. 548, § 9; Ga. L. 1976, p. 754, § 6; Ga. L. 1979, p. 595, § 5; Ga. L. 1982, p. 2207, §§ 2-4; Ga. L. 1992, p. 1037, § 6.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 60A Am. Jur. 2d, Pensions and Retirement Funds, §§ 1175, 1187 et seq.
GA Code § 47-11-73 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 11 - Judges of the Probate Courts Retirement Fund of Georgia|Article 5 - Retirement Benefits and Refunds of Dues|§ 47-11-73. Retirement After Disability

 Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing four years of creditable service if he becomes totally and permanently disabled after commencing service as a probate judge or as an employee of the board.Any such probate judge or employee shall be entitled to receive retirement benefits in the amount that he would receive if his retirement were effective at the time he became disabled.All questions relating to the degree and nature of the total and permanent disability suffered by the probate judge or employee shall be determined by the board.    (Code 1981, §47-11-73, enacted by Ga. L. 1986, p. 1249, § 2; Ga. L. 1992, p. 1037, § 7.)
GA Code § 47-11-90 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 11 - Judges of the Probate Courts Retirement Fund of Georgia|Article 6 - Miscellaneous Provisions|§ 47-11-90. Effect of Insufficiency of Funds on Payment of Retirement Benefits; Liability of Board for Such Insufficiencies

 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, then a prorated percentage of such payments shall be made to each person entitled thereto until the funds shall be replenished actuarially sufficiently to enable the board to resume such payments in accordance with the terms of this chapter. In no event shall the board or any member thereof be liable to any person for any deficiency in payments made under this Code section.   (Ga. L. 1958, p. 185, § 12; Ga. L. 1959, p. 354, § 5.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1228 et seq.   C.J.S.   - 70 C.J.S., Pensions, § 8.
GA Code § 47-11-91 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 11 - Judges of the Probate Courts Retirement Fund of Georgia|Article 6 - Miscellaneous Provisions|§ 47-11-91. Exemption of Funds From Attachment, Garnishment, or Judgment; Assignability

 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.   (Ga. L. 1968, p. 548, § 2.)
GA Code § 47-12-1 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 1 - General Provisions|§ 47-12-1. Definitions

 As used in this chapter, the term:    "Board of trustees" means the Board of Trustees of the District Attorneys Retirement Fund of Georgia.   "Fund" means the District Attorneys Retirement Fund of Georgia.   "Member" means a member of the District Attorneys Retirement Fund of Georgia.   "Salary," "fees," and "compensation" includes all emoluments received by a district attorney for his services or resulting from the performance of his duties.    (Ga. L. 1958, p. 163, § 4.)
GA Code § 47-12-20 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 2 - Creation, Administration, and Management of the Assets of the Fund|§ 47-12-20. Creation of the Office of District Attorney Emeritus

 There is created the office of district attorney emeritus.   (Ga. L. 1949, p. 780, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, § 43.   C.J.S.   - 27 C.J.S., District and Prosecuting Attorneys, § 1 et seq.
GA Code § 47-12-21 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 2 - Creation, Administration, and Management of the Assets of the Fund|§ 47-12-21. Creation of the Fund; Membership of the Board of Trustees; Payments to the Fund

  There is created the District Attorneys Retirement Fund of Georgia.   The board of trustees of the fund shall be the Governor, the state treasurer, and an appointee of the Governor who is not the Attorney General. All payments to this fund shall be made to the board of trustees.    (Ga. L. 1949, p. 780, § 7; Ga. L. 1988, p. 426, § 1; Ga. L. 1993, p. 1402, § 15; Ga. L. 2010, p. 863, § 3/SB 296.)    The 2010 amendment,  effective July 1, 2010, substituted "state treasurer" for "director of the Office of Treasury and Fiscal Services" in the middle of the first sentence of subsection (b).   OPINIONS OF THE ATTORNEY GENERAL    Special appropriation is not required  in connection with this retirement fund. 1948-49 Op. Att'y Gen. p. 489.   RESEARCH REFERENCES   Am. Jur. 2d.   - 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1166 et seq.   C.J.S.   - 70 C.J.S., Pensions, §§ 1 et seq., 5 et seq., 10, 12 et seq., 15, 18.
GA Code § 47-12-22 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 2 - Creation, Administration, and Management of the Assets of the Fund|§ 47-12-22. Power of Board of Trustees to Make Rules and Regulations for the Administration of the Fund

 The board of trustees is authorized to make such rules and regulations not inconsistent with this chapter for the proper administration of this chapter.   (Ga. L. 1949, p. 780, § 14.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1244.   C.J.S.   - 70 C.J.S., Pensions, § 10.
GA Code § 47-12-23 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 2 - Creation, Administration, and Management of the Assets of the Fund|§ 47-12-23. Power of Board of Trustees to Invest Money Received Under This Chapter

 The board of trustees shall have authority to invest any of the money received under this chapter in such manner as funds of the Employees' Retirement System of Georgia are invested and reinvested.   (Ga. L. 1949, p. 780, § 15; Ga. L. 1995, p. 651, § 7.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1169 et seq.
GA Code § 47-12-24 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 2 - Creation, Administration, and Management of the Assets of the Fund|§ 47-12-24. Annual Audit of the Fund

 The state auditor is authorized to make an annual audit of the fund.   (Ga. L. 1949, p. 780, § 16.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 72 Am. Jur. 2d, States, Territories, and Dependencies, § 77.   C.J.S.   - 81A C.J.S., States, § 388 et seq.
GA Code § 47-12-25 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 2 - Creation, Administration, and Management of the Assets of the Fund|§ 47-12-25. Administration of the Fund

 The trustees shall contract with the Employees' Retirement System of Georgia for the administration of the fund.    (Code 1981, §47-12-25, enacted by Ga. L. 1995, p. 787, § 3.)
GA Code § 47-12-40 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 3 - Membership in and Contributions to the Fund|§ 47-12-40. Eligibility to Participate in the Fund

 All district attorneys of judicial circuits of this state who qualify under this chapter shall be eligible to participate in the fund.   (Ga. L. 1949, p. 780, § 8.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1166 et seq.
GA Code § 47-12-44 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 3 - Membership in and Contributions to the Fund|§ 47-12-44. Transfer of Membership and Contributions to the Employees' Retirement System of Georgia; Payment of Additional State Contribution Upon Transfer

 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 Prosecuting Attorneys' Council of the State of Georgia is authorized and directed to pay from the funds appropriated or otherwise available an additional amount equal to the 5 percent contribution of such member plus an additional 20 percent of the contribution, so that the state contribution shall be in accordance with the Employees' Retirement System of Georgia.   (Ga. L. 1956, p. 251, § 1; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 92, § 1; Ga. L. 2009, p. 753, § 11/SB 109.)    The 2009 amendment,  effective July 1, 2010, near the middle of this Code section, substituted "Prosecuting Attorneys' Council of the State of Georgia" for "commissioner of administrative services" and substituted "or otherwise available" for "for the operating expenses of the superior courts of this state".   RESEARCH REFERENCES   Am. Jur. 2d.   - 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1169 et seq.
GA Code § 47-12-60 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 4 - Eligibility for Appointment as District Attorney Emeritus|§ 47-12-60. Eligibility for Retirement From the Office of District Attorney and Appointment to the Office of District Attorney Emeritus

 Except as otherwise provided by general law, any person who is in at least his or her nineteenth year of service as district attorney of this state or as both a solicitor of a city court from which appeals can be taken directly to the Court of Appeals and as district attorney shall be eligible for retirement as district attorney and appointment to the office of district attorney emeritus. In computing years of service under this Code section, a person may be given credit for service as assistant district attorney or as an assistant to the district attorney if in the course of such service he or she performed the duties of the district attorney in the prosecution of cases in both the superior court and the city court, provided that such service was rendered immediately prior to his or her appointment or election as district attorney.   (Ga. L. 1949, p. 780, § 2; Ga. L. 1950, p. 177, § 1; Ga. L. 1950, p. 228, § 1; Ga. L. 1951, p. 597, § 1; Ga. L. 1975, p. 1632, § 1; Ga. L. 1982, p. 3, § 47; Ga. L. 1998, p. 513, § 8.)
GA Code § 47-12-61 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 4 - Eligibility for Appointment as District Attorney Emeritus|§ 47-12-61. Credit for Service Rendered as a Judge of a City Court From Which Appeals Can Be Taken Directly to the Court of Appeals; Payments Required in Order to Obtain Such Credit

 In computing years of service as a district attorney for any purpose under this chapter, any time served by a district attorney as a judge of any city court from which appeals can be taken directly to the Court of Appeals of Georgia may be counted in computing the required number of years of service, provided that he pays into the fund the maximum payment provided for by this chapter for each year of service actually served as such a judge, plus interest on each such payment at the rate of 6 percent per annum. Such payment shall be made within six months after March 7, 1966, or within six months after taking office as a district attorney, whichever is later. A district attorney who claims credit for such service shall not be entitled to any retirement benefits under this chapter until he has reached the age of 60 years, provided that this limitation shall not otherwise affect his eligibility to become a district attorney emeritus prior to reaching the age of 60.   (Ga. L. 1966, p. 210, § 1; Ga. L. 1982, p. 3, § 47.)
GA Code § 47-12-62 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 4 - Eligibility for Appointment as District Attorney Emeritus|§ 47-12-62. Credit for Service Rendered as a Judge of a County Court From Which Appeals Can Be Taken Directly to the Court of Appeals; Payments Required in Order to Obtain Such Credit

 In computing years of service as a district attorney for any purpose under this chapter, any time served by a district attorney as a judge of any county court from which appeals can be taken directly to the Court of Appeals of Georgia may be counted in computing the number of years of service required of any district attorney, provided that he pays into the fund the maximum payment provided for by this chapter for each year of service actually served as such a judge, plus interest on such payment at the rate of 6 percent per annum. Such payment shall be made by not later than January 1, 1975.   (Ga. L. 1974, p. 1246, § 1.)
GA Code § 47-12-63 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 4 - Eligibility for Appointment as District Attorney Emeritus|§ 47-12-63. Credit for Service Rendered as a Member of the General Assembly or as an Attorney for the State or an Authority Thereof; Payments Required in Order to Obtain Such Credit

 In computing years of service as a district attorney for any purpose under this chapter, up to three years of service as a member of the General Assembly and any time served as an attorney for the state or any authority thereof on a salary basis may be counted in computing the number of years of service required of a district attorney, provided that he pays into the fund the maximum payment provided for by this chapter for each year of such service as a member of the General Assembly, and any time served as an attorney for the state or any authority thereof on a salary basis, plus interest on such payment at the rate of 6 percent per annum. Such payment shall be made on or before June 30, 1974. In computing such credit, any such district attorney shall be credited for a full year for each year of membership in the General Assembly and a full year for each year he served as an attorney for the state or any authority thereof on a salary basis.   (Ga. L. 1972, p. 220, § 1; Ga. L. 1974, p. 1180, § 1.)
GA Code § 47-12-64 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 4 - Eligibility for Appointment as District Attorney Emeritus|§ 47-12-64. Credit for Service in the Armed Forces of the United States During Certain National Emergencies; Payments Required in Order to Obtain Such Credit

 In computing years of service as a district attorney, credit shall be given for services in the armed forces of the United States occasioned by only one of the following national emergencies: World War I, World War II, or the Korean Conflict. Such credit shall be given upon payment into the fund of the maximum payments provided under Code Section 47-12-41 for each year or fraction of a year of such service in the armed forces, together with 6 percent simple interest on such amount for each year from the beginning of his service as a district attorney until the date such contributions are paid into the fund. The district attorney shall receive a credit of one year for each year or fraction of year of such service for which contribution into the fund has been made. Such payment shall be made no later than January 1, 1976.   (Ga. L. 1958, p. 163, § 2; Ga. L. 1964, p. 366, § 1; Ga. L. 1975, p. 1632, § 4; Ga. L. 1993, p. 86, § 1.)   Cross references.   - Creditable service not allowed for military service from which discharge was other than honorable, § 47-1-11.   OPINIONS OF THE ATTORNEY GENERAL   Length of service creditable.   - As long as the district attorney's service in the armed forces was occasioned by, or began during, the national emergency of World War II, the entire length of such service may be used in computing credit for service to become a district attorney emeritus. 1972 Op. Att'y Gen. No. 72-14.   Contributions for partial year authorized.    - Statute authorizes a member of the District Attorneys Retirement Fund of Georgia to make contributions into that fund for only a partial year of military service. 1975 Op. Att'y Gen. No. 75-133 (see O.C.G.A. § 47-12-64).   ROTC service not creditable.   - Participation in advanced training in the Senior Reserve Officers' Training Corps prior to entry into the active service of the United States Army is not creditable service under the District Attorneys Retirement Fund of Georgia. 1975 Op. Att'y Gen. No. U75-60.
GA Code § 47-12-80 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 5 - Appointment as District Attorney Emeritus; Compensation and Duties|§ 47-12-80. Retirement From the Office of District Attorney and Appointment to the Office of District Attorney Emeritus; Term of Office as District Attorney Emeritus

  A person who desires to resign from the office of district attorney and accept appointment as a district attorney emeritus shall so advise the Governor in writing. The Governor shall appoint to such position any district attorney who is eligible under Code Section 47-12-60. Upon such appointment and the issuance of a commission by the Governor, the resignation shall automatically become effective.   All persons appointed as district attorney emeritus shall hold such office for life.    (Ga. L. 1949, p. 780, § 3.)   OPINIONS OF THE ATTORNEY GENERAL   Appointment effective upon resignation.   - Because the word "shall" is mandatory, appointment as district attorney emeritus becomes effective on the date the district attorney resigns. 1965-66 Op. Att'y Gen. No. 66-212.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63A Am. Jur. 2d, Public Officers and Employees, § 90. 63C Am. Jur. 2d, Prosecuting Attorneys, §§ 1, 10 et seq.   C.J.S.   - 27 C.J.S., District and Prosecuting Attorneys, §§ 5, 17 et seq.
GA Code § 47-12-81 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 5 - Appointment as District Attorney Emeritus; Compensation and Duties|§ 47-12-81. Practice of Law During Term of Office as District Attorney Emeritus

 District attorneys emeritus are prohibited from practicing law in any cases against the State of Georgia in any of the courts of this state or of the United States.   (Ga. L. 1949, p. 780, § 5; Ga. L. 1983, p. 1805, § 1.)   Editor's notes.   - Ga. L. 1990, p. 222, repealing this Code section, was not concurrently funded as required by § 47-20-50 and, therefore, did not become law and became repealed on July 1, 1990. See the state auditor's report at Ga. L. 1990, p. CCCV.   OPINIONS OF THE ATTORNEY GENERAL    Impermissible conflict of interest  exists when a district attorney emeritus represents defendants in criminal proceedings in the superior courts of the judicial circuit in which the district attorney emeritus is required by law to advise and consult with the current district attorney, or where the district attorney emeritus's representation of defendants outside one's judicial circuit would create an actual conflict with respect to the district attorney emeritus's duty to advise the district attorney. 1988 Op. Att'y Gen. No. U88-10.   "Leave of absence" not permitted.   - There is no provision for a "leave of absence" from the position of district attorney emeritus, and one wishing to be a district attorney emeritus must take office immediately upon leaving office as district attorney, and must remain in office at all times. 1973 Op. Att'y Gen. No. U73-100.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Prosecuting Attorneys, §§ 14, 50 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 139.   C.J.S.   - 27 C.J.S., District and Prosecuting Attorneys, § 15 et seq.   ALR.   - Constitutionality and construction of statute prohibiting a prosecuting attorney from engaging in the private practice of law, 6 A.L.R.3d 562.
GA Code § 47-12-83 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 12 - District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia|Article 5 - Appointment as District Attorney Emeritus; Compensation and Duties|§ 47-12-83. Duties of District Attorney Emeritus

 It shall be the duty of each district attorney emeritus to consult with and advise the district attorney of his former circuit.   (Ga. L. 1949, p. 780, § 6; Ga. L. 1972, p. 362, § 1; Ga. L. 1981, p. 1392, § 2; Ga. L. 1983, p. 1805, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Prosecuting Attorneys, § 17.   C.J.S.   - 27 C.J.S., District and Prosecuting Attorneys, § 26 et seq.