GA Code § 47-23-105 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 23 - Georgia Judicial Retirement System|Article 6 - Salary, Retirement, Death, and Disability Benefits|§ 47-23-105. Spouses' Benefits; Ceasing Spouses' Benefits; Vesting; Designation of Survivors Benefits; Member Who Rejected Survivor's Benefits May Later Elect Such Benefits by Paying Actuarial Cost; Applicability

    Except as otherwise provided by subsection (b) of this Code section, each member of this retirement system shall pay for spouses' benefits an employee contribution of 2 1/2 percent of the salary paid to such member. Such contribution shall be in addition to that required under Article 5 of this chapter. The employing unit shall be authorized to deduct monthly the employee contributions required for spouses' benefits. Such contribution shall cease after the member has paid the contribution for a total of 16 years.   Upon the death of a member who is subject to this subsection and who has attained a minimum of ten years of creditable service and at least 60 years of age, the surviving spouse of such member shall be entitled to receive for life a monthly sum equal to 50 percent of the retirement benefit which the member was receiving at the time of the member's death, if retired at such time, or which would have been payable to the member had the member retired as of the date of the member's death.   Upon the death of a member who became a member by operation of Code Section 47-23-40 and who has attained a minimum of ten years of creditable service but had not attained age 60 at the time of death, the surviving spouse of such member shall be entitled to receive for life a monthly sum equal to 50 percent of the retirement benefit the member would have received had the member continued in service and retired at age 60.   Upon the death of a member other than a member who became a member by operation of Code Section 47-23-40 and who has attained a minimum of ten years of creditable service but had not attained age 60 at the time of death, the surviving spouse of such member shall be entitled to receive for life a monthly sum equal to 50 percent of the retirement benefit the member would have received as if the member were age 60 on the date of death based on the number of years of creditable service the member had on the date of death.       Any member of this retirement system shall have the right to reject the spouses' benefits provided by this Code section by notifying the board in writing of such rejection on a form to be supplied by the board within 90 days after becoming a member.   Any member who becomes a member of this retirement system by operation of Code Section 47-23-40 who rejected the spouses' benefits provided by this Code section pursuant to paragraph (1) of this subsection may subsequently obtain such benefits by so notifying the board in writing and by tendering all amounts which such member would have paid pursuant to subsection (a) of this Code section if such member had not rejected such benefits, together with regular interest thereon.   Any member, other than a member who became a member of this retirement system by operation of Code Section 47-23-40, who rejected the spouses' benefits provided by this Code section pursuant to paragraph (1) of this subsection may subsequently obtain such benefits by so notifying the board in writing and by tendering to the board of trustees such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system. In order to vest for spouses' benefits, the member must have at least ten years of membership service.     If the spouse of a member dies or if a member ceases to be married, then such member who has elected to obtain spouses' benefits pursuant to this Code section may cease making the employee contributions for spouses' benefits. Such member shall notify the board in writing to cease deducting such employee contributions. Such notice shall be given within 90 days after the date of the death of the spouse or after the date the member ceases to be married; and, upon such notification, no further deductions shall be made. When a member ceases to make such employee contributions, there shall be no return of such contributions previously made by such member.   Any member of this retirement system who rejects spouses' benefits coverage or who ceases such coverage pursuant to subsection (c) of this Code section because such member was unmarried at the time of such rejection, because such member's spouse died, or because such member ceased to be married shall have the option to elect spouses' benefits within 90 days after becoming married or remarried, as the case may be. Any member so electing must make the necessary contributions for spouses' benefits coverage for a total of at least ten years with regular interest thereon in order for such member's spouse to qualify for the spouses' benefits provided for by this Code section.   In order to vest for spouses' benefits, the member must have made the employee contributions for such benefits for at least ten years.   Any member at the time of retirement who has met the conditions of subsection (e) of this Code section may designate a natural person other than his or her spouse to receive a survivors benefit in the same manner and under the same conditions as provided for spouses' benefits; provided, however, that any person so designated shall receive a benefit equal to the normal spouse's benefit actuarially reduced in accordance to such person's and the member's projected life spans. Such actuarial adjustment shall be computed at regular interest upon the basis of the mortality tables and rates of interest last adopted by the board of trustees. Such benefit shall not exceed 50 percent of the member's monthly retirement benefit.   The provisions of this Code section shall apply only to persons who become members of this retirement system prior to July 1, 2012.     (Code 1981, §47-23-105, enacted by Ga. L. 1998, p. 513, § 1; Ga. L. 1999, p. 20, § 1; Ga. L. 2000, p. 131, § 1; Ga. L. 2005, p. 535, § 38/HB 460; Ga. L. 2012, p. 669, § 2/HB 250.)    The 2012 amendment,  effective July 1, 2012, added paragraph (b)(3) and subsection (g).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the provisions, opinions under Ga. L. 1976, p. 586 are included in the annotations for this Code section.    "Derivative" nature of spouses benefits  is illustrated by fact that law does not provide for independent distribution of benefits upon death of spouse prior to death of member, or upon cessation of marriage between spouse and member. 1982 Op. Att'y Gen. No. 82-13 (decided under Ga. L. 1976, p. 586).   Designation of beneficiary.   - If a judge becomes divorced and does not remarry, the judge can designate any living person (including an ex-spouse) as beneficiary to receive payment authorized. 1982 Op. Att'y Gen. No. 82-13 (decided under Ga. L. 1976, p. 586).   Effect of divorce.   - Spouse, upon cessation of marriage, becomes ineligible to receive spouses benefits. 1982 Op. Att'y Gen. No. 82-13 (decided under Ga. L. 1976, p. 586).   Judge electing spouses benefits must make required contributions.   - As long as a superior court judge who elects the spouses benefits coverage of Ga. L. 1976, p. 586 continues to serve as such and make the required contributions for spouses benefits, the judge must do so in accordance with the law, subject to a maximum of 16 years of contributions for the purpose of spouses benefits; however, should a superior court judge die, after having achieved ten years of creditable service but prior to achieving 16 years of creditable service for the purpose of spouses benefits, the judge's surviving spouse would be entitled to the spouses benefits coverage. 1976 Op. Att'y Gen. No. U76-47 (decided under Ga. L. 1976, p. 586).   Judge covered under the former Judges Emeritus Fund who complied with Ga. L. 1976, p. 586, § 16 and elects the spouses benefits coverage had to continue to make the required contributions for spouses benefits during the time the judge continued to serve as a superior court judge, subject to a maximum of 16 years of contributions for the purpose of spouses benefits; upon the death of the judge, the judge's surviving spouse would be entitled to the spouses benefits provided, so long as the judge had obtained at least ten years of creditable service for the purpose of spouses benefits. 1976 Op. Att'y Gen. No. U76-60 (decided under Ga. L. 1976, p. 586).   Judge electing spouses benefits must make required contributions.   - Superior court judge who was a member of the Superior Court Judges Retirement System and who paid the requisite contribution to obtain spouses benefits under that system may not recoup those contributions if the judge subsequently chooses to reject spouses benefits under the new Georgia Judicial Retirement System. 1998 Op. Att'y Gen. No. U98-13 (decided under Ga. L. 1976, p. 586).   Senior judges appointed prior to 1976 ineligible for spouses benefits coverage.   - Superior court judges appointed to the office of judge of the superior courts emeritus (now senior judge) prior to the effective date of Ga. L. 1976, p. 586 were not eligible to participate in the spouses benefits coverage. 1976 Op. Att'y Gen. No. U76-67 (rendered under Ga. L. 1976, p. 586, § 16, prior to amendment by Ga. L. 1981, p. 532, §§ 1, 2).   Judge completing service and paying contributions eligible for spouses benefits coverage.   - When a judge has completed the required service necessary for appointment and desires to be appointed as a senior judge of the superior courts, makes the spouses benefits election, and pays the board of trustees the required amount of contributions for the judge's years of actual bench service by not later than the effective date of Ga. L. 1976, p. 586, and is then appointed to the office of senior judge, the judge has fulfilled the requirements of Ga. L. 1976, p. 586 and the judge's spouse is entitled to spouses benefits upon the judge's death. 1976 Op. Att'y Gen. No. U76-60 (decided under Ga. L. 1976, p. 586).   Creditable service other than superior court bench service.   - Fact that a member of the former Judges Emeritus Fund may have creditable service other than actual superior court bench service does not impart any vested right to include the "other" service as creditable toward the acquisition of electoral spouses benefits coverage. 1976 Op. Att'y Gen. No. U76-41 (decided under Ga. L. 1976, p. 586).   When not required to attain age 60 before senior judge appointment.   - A member of the former Judges Emeritus Fund, who did not elect widows' benefits under that fund, but who elects and qualifies for the spouses benefits coverage afforded, is not required to attain the age of 60 before being appointed as a senior judge of the superior courts. 1976 Op. Att'y Gen. No. U76-66 (decided under Ga. L. 1976, p. 586).    For discussion of contributions trial judges must make  to purchase creditable service for spouses' benefits coverage, see 1980 Op. Att'y Gen. No. 80-155 (decided under Ga. L. 1976, p. 586).   When judge or solicitor ceases office and membership.   - If a judge or solicitor ceases to hold office and ceases to be a member of the fund, one may withdraw the total sum one has paid in employee contributions, including any amounts paid for spouses' benefits coverage. 1980 Op. Att'y Gen. No. 80-155 (decided under Ga. L. 1976, p. 586).   Member of the Judicial Retirement System who ceases to hold any office or position entitled to coverage in the system is vested with the right to spouses' benefits if the member made employee contributions for such benefits for a minimum of 10 years. 2001 Op. Att'y Gen. No. 01-2 (decided under Ga. L. 1976, p. 586).   RESEARCH REFERENCES   Am. Jur. 2d.   - 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1197 et seq.