GA Code § 47-12-43 (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|§ 47-12-43. Manner of Deduction of Payments to the Fund; Penalty for Late Payments; Payments Made on Behalf of the District Attorney

  The payment into the fund either of 5 percent or 7 1/2 percent, as applicable, of the state salary shall be deducted monthly by the Prosecuting Attorneys' Council of the State of Georgia from the salary of each district attorney who is a member of the fund. If any such payments have not been made by February 15 of the succeeding year, the sum due shall incur a penalty of 6 percent interest per annum computed on the principal amount from February 15 until actually paid. Beginning with the payments to be made covering the calendar year 1964, and for each calendar year thereafter, if the sum due is not paid by February 15 of the succeeding year, such sum due shall be increased by 10 percent plus 6 percent interest per annum, computed on the sum due plus the additional 10 percent, from February 15 until the date of actual payment of the entire amount.   All payments shall be accompanied by an affidavit from the district attorney as to the correctness of the amount of state salary received by him during the period covered by such payments.   Beginning July 1, 1980, the employer shall pay to the fund on each and every payroll period employee contributions on behalf and to the credit of such district attorneys in an amount equal to the amount which would be paid to the annuity savings fund pursuant to Code Section 47-2-54 if the district attorney were a member of the Employees' Retirement System of Georgia. Such district attorneys shall continue to have deducted from their state salaries the additional amount of employee contributions required by this chapter.   The monthly employee contributions made by the employer on behalf of a district attorney as provided in subsection (c) of this Code section shall be used in the computation of the district attorney's state salary for the computation of retirement benefits.   All members shall retain, have, and be subject to all other rights, privileges, obligations, and duties provided for by other provisions of this chapter; and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in subsections (c) and (d) and this subsection of this Code section.    (Ga. L. 1949, p. 780, § 10; Ga. L. 1958, p. 163, § 3; Ga. L. 1964, p. 758, § 1; Ga. L. 1975, p. 1632, § 5; Ga. L. 1980, p. 939, § 2; Ga. L. 1980, p. 925, § 17; Ga. L. 1982, p. 3, § 47; Ga. L. 1993, p. 86, § 1; Ga. L. 1993, p. 1402, § 19; Ga. L. 2009, p. 753, § 10/SB 109.)    The 2009 amendment,  effective July 1, 2010, substituted "Prosecuting Attorneys' Council of the State of Georgia" for "Department of Administrative Services" in the middle of the first sentence of subsection (a).   OPINIONS OF THE ATTORNEY GENERAL    Legislative intent  is that all service toward retirement as a district attorney emeritus must be paid. 1972 Op. Att'y Gen. No. 72-25.   RESEARCH REFERENCES   Am. Jur. 2d.   - 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1169 et seq.