GA Code § 47-12-82 (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|§ 47-12-82. Salary for District Attorneys Emeritus; Suspension of Office Upon Eligibility for or Appointment to an Office of Profit or Trust Under the United States Constitution or the Constitution of Georgia

  Any person holding office as a district attorney emeritus on July 1, 1990, or who is appointed to such position on or after such date shall receive from the State of Georgia an annual salary of $15,000.00 or one-half of the state salary received by such person as a district attorney for the calendar year immediately prior to the person's retirement and resignation as an active district attorney, whichever is the greater amount.Such annual salary shall be paid in equal monthly installments.The annual salary provided for in this subsection shall apply to the calculation of the amount of spouses' benefits under Code Section 47-12-42 as applied to persons receiving such benefits on July 1, 1990, and as applied to persons who begin receiving such benefits on or after July 1, 1990.   If a person becomes eligible for appointment or is appointed district attorney emeritus and during such period of eligibility or appointment is elected or appointed to and qualifies for an office of profit or trust under the Constitution of the United States or the Constitution of Georgia, the person's right to appointment as district attorney emeritus or to continue to hold such an appointment and to draw the salary fixed for that position shall be suspended during the period of time that the person holds such office.Upon ceasing to hold such office, the person shall then be entitled to appointment or reappointment as district attorney emeritus with all the obligations, rights, and duties of that position. The person's compensation as district attorney emeritus in such event shall be (1) the same amount received by the person as district attorney emeritus at the time of the person's election or appointment and qualification for the office under the Constitution of the United States or the Constitution of Georgia or (2) if the person was eligible but did not then hold an appointment as district attorney emeritus, an annual salary of $15,000.00 or one-half of the amount of state salary received by such person as district attorney for the calendar year immediately prior to the person's election or appointment to and qualification for such office under the Constitution of the United States or the Constitution of Georgia, whichever is the greater amount.   The purpose of this Code section is to permit any district attorney who may have been appointed district attorney emeritus under this chapter or who may be eligible for appointment as district attorney emeritus to accept some other office of profit or trust under the Constitution of the United States or the Constitution of Georgia without affecting his then existing rights under this chapter, except to suspend the right to hold that office and receive its salary while holding such other office.   During the time that such district attorney is holding such office under the Constitution of the United States or the Constitution of Georgia, he shall not be required to make any payments in and to the District Attorneys Retirement Fund of Georgia.     Except as provided in paragraph (2) of this subsection, effective on July 1, 1990, the monthly salary being paid to each person holding office as a district attorney emeritus on July 1, 1990, shall be increased by $15.00 for each full year which has elapsed from the date of appointment as district attorney emeritus until July 1, 1990.   A district attorney emeritus whose annual salary on June 30, 1990, is less than the minimum annual salary provided for in subsection (a) of this Code section shall receive either such minimum annual salary or the increase provided for in paragraph (1) of this subsection if such increase would result with an annual salary exceeding such minimum annual salary.      (Ga. L. 1949, p. 780, § 4; Ga. L. 1950, p. 228, § 2; Ga. L. 1958, p. 163, § 3; Ga. L. 1982, p. 3, § 47; Ga. L. 1990, p. 511, §§ 1, 2.)   OPINIONS OF THE ATTORNEY GENERAL   Salary not suspended for director of District Attorney's Association.   - Salary of a solicitor general (now district attorney) emeritus shall not be suspended during the period the solicitor general emeritus serves as executive director of the District Attorney's Association since that position is not an office of profit or trust under the Constitution of the United States or the Constitution of Georgia. 1971 Op. Att'y Gen. No. 71-40.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63A Am. Jur. 2d, Public Officers and Employees, § 102. 63C Am. Jur. 2d, Prosecuting Attorneys, § 16.   C.J.S.   - 27 C.J.S., District and Prosecuting Attorneys, §§ 17 et seq., 64, 70.