GA Code § 47-23-109 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 23 - Georgia Judicial Retirement System|Article 6 - Salary, Retirement, Death, and Disability Benefits|§ 47-23-109. Cessation of Retirement Allowance for Resuming State Service; Required Notification

  Except as provided in subsection (b) of this Code section, if any retired member returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, except as a member of the General Assembly, his or her retirement allowance shall cease. Upon cessation of such service, the retired member, after proper notification to the board, shall receive the same retirement allowance which he or she was receiving prior to returning to state service, calculated with any increases granted during the period of compensation.   The retirement allowance of a retired member who returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, other than as a member of the General Assembly shall not cease, provided that such member performs no more than 1,040 hours of such service in any calendar year.   Any state entity that employs a retired plan member, other than for service in the General Assembly as provided in subsection (a) of this Code section, shall within 30 days of the employee's accepting employment notify the board in writing stating the name of the plan member and the number of hours the employee is expected to work annually and shall provide such other information as the board may request. If the retired plan member performs more than 1,040 hours of work in any calendar year, the employer shall so notify the board as soon as such information is available. Any employer that fails to notify the board as required by this subsection shall reimburse the retirement system for any benefits wrongfully paid. It shall be the duty of the retired plan member seeking employment by the employer to notify the employer of his or her retirement status prior to accepting such position. If a retired plan member fails to so notify the employer and the employer becomes liable to the retirement system, the plan member shall hold the employer harmless for all such liability.     (Code 1981, §47-23-109, enacted by Ga. L. 1998, p. 513, § 1; Ga. L. 2009, p. 752, § 1/SB 98; Ga. L. 2009, p. 947, § 34/HB 202; Ga. L. 2013, p. 681, § 2/SB 142.)    The 2009 amendments.  The first 2009 amendment, effective July 1, 2009, substituted "State Personnel Administration" for "State Merit System of Personnel Administration" at the end of subsection (b). The second 2009 amendment, effective May 11, 2009, in the first sentence of subsection (a), inserted "who has not yet reached normal retirement age" and inserted ", including, without limitation, service directly or indirectly as or for an independent contractor,"; and, in subsection (b), inserted "who has reached normal retirement age and", inserted ", including, without limitation, service directly or indirectly as or for an independent contractor,", and deleted "; provided, however, that no such retired member shall be eligible for employee health benefits other than those available to the member as a part of his or her retirement benefits or for any annual leave, any sick leave, or any other employee benefits available to a state employee in the classified service of the State Merit System of Personnel Administration" following "year" at the end. See the Code Commission notes regarding the effect of these amendments.    The 2013 amendment,  effective July 1, 2013, deleted "who has not yet reached normal retirement age" following "member" near the beginning of the first sentence of subsection (a); in subsection (b), deleted "who has reached normal retirement age and" preceding "returns" near the beginning and inserted a comma following "cease" in the middle; and added subsection (c).   Code Commission notes.   - The amendment of this Code section by Ga. L. 2009, p. 752, § 1, irreconcilably conflicted with and was treated as superseded by Ga. L. 2009, p. 947, § 34. See County of Butts v. Strahan, 151 Ga. 417 (1921).   OPINIONS OF THE ATTORNEY GENERAL   Appointment of retired superior court judge as juvenile court judge.    - Senior superior court judge, who is not being appointed in senior judge capacity pursuant to O.C.G.A. § 15-1-9.1, may be appointed to serve as a part-time state-funded juvenile court judge and, so long as the hours worked annually do not exceed 1040 hours, there is no effect on the senior judge's retirement. 2000 Op. Atty. Gen. No. U2000-9.