reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 3 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-12-40 — 47-12-44) › Section 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.
Amended by 2009 Ga. Laws 157,§ 11, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 4 - ELIGIBILITY FOR APPOINTMENT AS DISTRICT ATTORNEY EMERITUS (§§ 47-12-60 — 47-12-64) › Section 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.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 4 - ELIGIBILITY FOR APPOINTMENT AS DISTRICT ATTORNEY EMERITUS (§§ 47-12-60 — 47-12-64) › Section 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.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 4 - ELIGIBILITY FOR APPOINTMENT AS DISTRICT ATTORNEY EMERITUS (§§ 47-12-60 — 47-12-64) › Section 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.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 4 - ELIGIBILITY FOR APPOINTMENT AS DISTRICT ATTORNEY EMERITUS (§§ 47-12-60 — 47-12-64) › Section 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.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 4 - ELIGIBILITY FOR APPOINTMENT AS DISTRICT ATTORNEY EMERITUS (§§ 47-12-60 — 47-12-64) › Section 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.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 5 - APPOINTMENT AS DISTRICT ATTORNEY EMERITUS; COMPENSATION AND DUTIES (§§ 47-12-80 — 47-12-87) › Section 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)
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.
(b)
All persons appointed as district attorney emeritus shall hold such office for life.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 5 - APPOINTMENT AS DISTRICT ATTORNEY EMERITUS; COMPENSATION AND DUTIES (§§ 47-12-80 — 47-12-87) › Section 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.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 5 - APPOINTMENT AS DISTRICT ATTORNEY EMERITUS; COMPENSATION AND DUTIES (§§ 47-12-80 — 47-12-87) › Section 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.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 5 - APPOINTMENT AS DISTRICT ATTORNEY EMERITUS; COMPENSATION AND DUTIES (§§ 47-12-80 — 47-12-87) › Section 47-12-84 - Disability retirement; determination of disability; continuation of payments to the fund

Any district attorney who, after 17 years of continuous service and the payment of amounts due under this chapter, becomes unable to perform his official duties because of ill health or other causes may retire under this chapter, provided that he is so certified by the judges of his judicial circuit and two physicians. Any such district attorney shall continue his pro rata payments to the fund for the term as set forth in Code Section
47-12-41
.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 5 - APPOINTMENT AS DISTRICT ATTORNEY EMERITUS; COMPENSATION AND DUTIES (§§ 47-12-80 — 47-12-87) › Section 47-12-85 - Resignation from the office of district attorney emeritus; reappointment to office

Any other provision of this chapter to the contrary notwithstanding, any person who holds the office of district attorney emeritus shall have the right to resign as district attorney emeritus and also to be reappointed as district attorney emeritus upon written request to the Governor. No person shall be eligible to be reappointed more than three times. Upon such resignation, any such person shall cease to receive the salary as provided for in this chapter for a district attorney emeritus. Upon reappointment as district attorney emeritus, such person shall receive the salary he was receiving as district attorney emeritus at the time of his resignation.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 5 - APPOINTMENT AS DISTRICT ATTORNEY EMERITUS; COMPENSATION AND DUTIES (§§ 47-12-80 — 47-12-87) › Section 47-12-86 - Withdrawal of payments to the fund; right to participate in the fund after such withdrawal; how payments made on behalf of the district attorney are to be treated

(a)
Any district attorney may, after 30 days' written notice to the board of trustees, withdraw his total payments, without interest, from the fund. His right to participate in the benefits under this chapter shall cease unless he otherwise qualifies as an active district attorney during a resumed period of payment.
(b)
The employee contributions paid by the employer to the fund on behalf of a district attorney under subsection (c) of Code Section
47-12-43
after July 1, 1980, shall be considered to be payments made by the district attorney.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 5 - APPOINTMENT AS DISTRICT ATTORNEY EMERITUS; COMPENSATION AND DUTIES (§§ 47-12-80 — 47-12-87) › Section 47-12-87 - Withdrawal of payments for disqualification from office or retirement; payments made upon the death of the district attorney; payments by employer

(a)
Any district attorney who resigns or otherwise becomes disqualified to hold his office shall be entitled to withdraw the total amount, without interest, which such district attorney has paid to the fund. If any district attorney dies, the total amount, without interest, paid by such district attorney to the fund shall be paid to the district attorney's surviving spouse, if any, or to such district attorney's personal representative.
(b)
In the case of the death of any district attorney receiving benefits from the fund at the time of death and who is not survived by a spouse or in case of the death of a surviving spouse of a district attorney who is receiving benefits, where neither the district attorney, the surviving spouse, or both, have received the total amount, without interest, paid by the district attorney to the fund, the district attorney's estate shall receive from the fund the remainder of such payments.
(c)
The employee contributions paid by the employer to the fund on behalf of a district attorney under subsection (c) of Code Section
47-12-43
after July 1, 1980, shall be considered to be payments made by the district attorney.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 6 - MISCELLANEOUS PROVISIONS (§§ 47-12-100 — 47-12-101) › Section 47-12-100 - Effect of sufficiency of the fund on payments to persons who are eligible for retirement benefits; order of liability for such payments

The state shall pay benefits under this chapter to all district attorneys who are eligible for retirement under this chapter without regard to the sufficiency of the fund to pay such benefits, provided that prior to any withdrawal against general funds of the state for payment of benefits, all interest and moneys earned and accumulated by investment pursuant to Code Section
47-12-23
shall first be disbursed as benefits.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 12 - DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA (§§ 47-12-1 — 47-12-101) › Article 6 - MISCELLANEOUS PROVISIONS (§§ 47-12-100 — 47-12-101) › Section 47-12-101 - Exemption of moneys and rights accruing under this chapter from taxation; exemption from levy and sale, attachment, garnishment, and other process; assignability

The right to a retirement benefit, district attorney emeritus salary, return of contributions, any optional benefit, or any other right accrued or accruing to any person under this chapter and the moneys in the fund are exempt from any state, county, or municipal tax, except as provided in Code Section
48-7-27
; exempt from levy and sale, garnishment, attachment, or any other process whatsoever; and shall not be assignable, except as otherwise specifically provided for in this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 1 - GENERAL PROVISIONS (§ 47-14-1) › Section 47-14-1 - Definitions

As used in this chapter, the term:
(1)
"Board" means the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia established under Code Section
47-14-20
.
(2)
"Clerk" means:
(A)
A clerk of the superior court; or
(B)
A clerk of a state court, where the clerk of such state court is someone other than the clerk of the superior court.
(3)
"Deputy clerk" means:
(A)
A deputy of a clerk of the superior court, appointed under Code Section
15-6-59
; or
(B)
A deputy clerk of a state court appointed as provided by law.
(4)
"Fund" means the Superior Court Clerks' Retirement Fund of Georgia.
(5)
"Member" means a member of the Superior Court Clerks' Retirement Fund of Georgia.
Amended by 2002 Ga. Laws 497, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-14-20 — 47-14-26) › Section 47-14-20 - Creation of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia; membership of the board; quorum; compensation and expenses

(a)
There is created the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia. The board shall consist of seven members as follows:
(1)
The Governor or the Governor's designee;
(2)
An appointee of the Governor who is not the Attorney General; and
(3)
Five clerks who shall be members of the fund, provided that at least one but not more than two of such clerks shall be retired clerks receiving retirement benefits pursuant to this chapter.
(b)
The members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor. The first such members shall be appointed by the Governor to take office on July 1, 1984, for initial terms as follows: Two such members shall be appointed for terms of one year; two such members shall be appointed for terms of two years; and one such member shall be appointed for a term of one year. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years. All such members shall serve until their successors are appointed and qualified. Such members shall be eligible for reappointment to successive terms of office as members of the board.
(c)
The board shall elect a chairperson from the clerks serving as members of the board who actively hold office as clerks. The term of the chairperson shall be established by rules of the board.
(d)
If a vacancy occurs in the membership of the board appointed pursuant to subsection (b) of this Code section, the remaining members of the board shall elect a person meeting the qualifications specified by paragraph (3) of subsection (a) of this Code section to fill such vacancy for the unexpired portion of the term.
(e)
Four members of the board shall constitute a quorum for the transaction of business.
(f)
All of the members of the board shall serve without pay, but they shall be reimbursed for their actual expenses in attending meetings of the board and performing the duties required of them as members of the board.
(g)
The Superior Court Clerks' Group of the County Officers' Association of Georgia shall be authorized to submit the names of nominees for each position on the board appointed by the Governor pursuant to this Code section. The Governor may consider the nominees made by said Superior Court Clerks' Group in making such appointments, but it is specifically provided that all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to make any appointments from nominees made by said Superior Court Clerks' Group.
Amended by 2002 Ga. Laws 497, §§ 2, 3 eff. 7/1/2002.
See 2002 Ga. Laws 497, § 8.
See 2002 Ga. Laws 497, § 8.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-14-20 — 47-14-26) › Section 47-14-21 - Creation of office of secretary-treasurer; selection, compensation, and powers and duties; periodic reports of moneys in hand, receipts, and expenditures; performance bond

(a)
There is created the office of secretary-treasurer of the Superior Court Clerks' Retirement Fund of Georgia. The secretary-treasurer shall be selected and appointed by the board and shall serve at the pleasure of the board. His compensation shall be fixed by the board. He shall have such power and authority as may be given him by the board and shall perform such duties and services as the board may desire.
(b)
The secretary-treasurer shall make quarterly reports to the board showing the total amount of money in his hands at the time such report is made and also showing a full accounting of receipts and expenditures since his last quarterly report.
(c)
The secretary-treasurer shall give a good and sufficient surety bond in an amount to be determined by the board. The bond shall be made payable to the board and shall be contingent upon the proper and faithful performance of his duties as secretary-treasurer.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-14-20 — 47-14-26) › Section 47-14-23 - Special account for funds; investment powers of board

(a)
The board shall have control of the funds provided for in this chapter; and all funds received by the board shall be deposited in a special account to the credit of the Superior Court Clerks' Retirement Fund of Georgia. Benefits under this chapter and all administrative expenses shall be paid from such funds. The board shall have authority to expend the funds in accordance with this chapter.
(b)
The board of commissioners shall have full power to invest and reinvest the assets of the fund and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the fund have been invested, any proceeds of any investments, and any money belonging to the fund; provided, however, that such power shall be subject to all terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the "Public Retirement Systems Investment Authority Law."
(c)
The board is authorized to employ agents, including, but not limited to, banks or trust departments thereof, and to enter into contracts with such agents for their services as investment advisers and counselors, in making recommendations for investments, and in making investments if the board so authorizes.
Amended by 2010 Ga. Laws 681,§ 66, eff. 7/1/2010.
Amended by 2010 Ga. Laws 681,§ 65, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-14-20 — 47-14-26) › Section 47-14-24 - Gifts, grants, and bequests

The board, by gift, grant, or bequest, may take any money, real or personal property, or any other thing of value and may hold or invest the same for the uses and purposes of the fund in accordance with this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-14-20 — 47-14-26) › Section 47-14-25 - Duty of board to keep records; presentation of annual financial statement to Clerks' Group of the County Officers' Association of Georgia

The board shall keep permanent records of retirement benefits granted and shall keep proper records and books concerning the operation of the board. Each year the board shall present an annual financial statement of the fund at the annual meeting of the Clerks' Group of the County Officers' Association of Georgia.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-14-20 — 47-14-26) › Section 47-14-26 - Duty of the state auditor to make an annual audit and report; audit upon request of the board or the Governor; contents of annual report

The state auditor is authorized and directed to make an annual audit of the acts and doings of the board and to make a complete report of that audit to the General Assembly. The state auditor shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the board and all its expenditures, including administrative expenses and payments made as annuities and benefits. The state auditor shall also make an audit of the affairs of the board at any time when requested by a majority of the board or the Governor.
Amended by 2005 Ga. Laws 333,§ 34, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 3 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§ 47-14-40) › Section 47-14-40 - Application for membership in the fund; payments by members into the fund; penalties for late payment; creditable service impacted by late payments

(a)
Any clerk, in order to participate in the benefits provided for in this chapter, shall make application to the Superior Court Clerks' Retirement Fund of Georgia upon forms to be furnished for that purpose by the board, giving such information as may be required by the board. He or she shall pay $50.00 per month into the fund; provided, however, that members who first or again become members on or after September 1, 2009, shall pay $100.00 per month into the fund. All clerks who made application and are accepted for membership in the fund shall remit to the board, not later than the tenth day of each subsequent month, the amount due under this subsection.
(b)
If any payment required to be made to the fund by a clerk remains unpaid 60 days from the date such payment is due, there shall also be due a late charge, which late charge shall be interest from the due date computed at 10 percent per annum or the sum of $5.00, whichever is the greater amount. In the event of such delinquency, in order to be eligible to receive any benefits provided by this chapter, a clerk shall remit the late charge with such delinquent payment.
(c)
No creditable service shall be granted for any month for which dues are in arrears on December 31, 2008, but payment shall be deemed timely and creditable if such dues and late charges are received by the board on or before the tenth day of the succeeding month. Thereafter, no creditable service shall be granted for any month for which dues are in arrears on the last day of the calendar year during which the dues were due, but payment shall be deemed timely and creditable if such dues and late charges are received by the board on or before the tenth day of the succeeding month following the last day of the preceding calendar year.
Amended by 2009 Ga. Laws 175,§ 1, eff. 5/5/2009.
Amended by 2008 Ga. Laws 687,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 4 - REVENUES COLLECTED FROM FINES, BONDS, AND FEES (§§ 47-14-50 — 47-14-51) › Section 47-14-50 - "Collecting authority" defined; payments to fund from fines and bonds collected in criminal and quasi-criminal cases; duty of collecting authority to record and remit; penalty for late payment

(a)
As used in this Code section, the term "collecting authority" means, without limitation, any county or state officer, including any judicial officer or employee, or any other person representing or acting on behalf of any court, the state, or a political subdivision of the state who in his or her capacity collects or receives fines or forfeitures as provided in this Code section.
(b)
The sum of $2.00 shall be paid to the board from each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state law if the case is tried in any court of this state in which the clerk of such court is eligible for membership in this retirement fund. The collecting authority shall pay such amounts to the board each month or at such other times as the board may provide. Such amounts shall be due on the first day of the month following the month in which they were collected but shall be deemed timely if received by the board on or before the fifteenth day of the month; provided, however, that for purposes of calculating late payment penalties, the due date shall be the first day of the month. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board. Such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided for in this chapter.
(c)
If the clerk or other collecting authority whose duty it is to collect and remit moneys to the fund under subsection (b) of this Code section shall fail to remit such moneys within 60 days of the date on which such remittal is due, such moneys shall be delinquent; and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the funds continue to be delinquent, provided that such penalty shall not exceed a total of 25 percent of the principal due. In addition to such penalty, interest shall be charged on the delinquent moneys at the rate of 6 percent per annum from the date such moneys became delinquent until they are paid. All moneys which have not been paid to the fund within 60 days of the due date shall be delinquent. By affirmative vote of all members, the board, upon the payment of the delinquent moneys together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection.
Amended by 2009 Ga. Laws 175,§ 2, eff. 5/5/2009.
Amended by 2008 Ga. Laws 687,§ 2, eff. 7/1/2008.
Amended by 2002 Ga. Laws 497, § 4, eff. 7/1/2002.
See 2002 Ga. Laws 497, § 8.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 5 - RETIREMENT BENEFITS, DISABILITY BENEFITS, AND SPOUSES' BENEFITS (§§ 47-14-70 — 47-14-79) › Section 47-14-71 - Eligibility for disability benefits; determination of disability

Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing 16 years of creditable service if the member becomes totally and permanently disabled after commencing service as a clerk. Any such clerk shall be entitled to receive retirement benefits in the amount of $1,700.00 per month. All questions relating to the degree and nature of the total and permanent disability suffered by the clerk shall be determined by the board.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 5 - RETIREMENT BENEFITS, DISABILITY BENEFITS, AND SPOUSES' BENEFITS (§§ 47-14-70 — 47-14-79) › Section 47-14-72 - Benefits payable in the event of death before retirement; rights of surviving spouse

(a)
In the event of the death of any clerk who has not retired under any of the provisions of this chapter, but who was eligible to do so, the surviving spouse shall receive a monthly sum during his or her lifetime equal to 50 percent of the amount such clerk would have received had he or she retired under subsection (c) of Code Section
47-14-70
. In order to receive such benefits, any such spouse must be at least 55 years of age and have been married to such clerk for at least six years immediately preceding the death of such clerk.
(b)
(1)
Subject to the provisions of paragraph (2) of this subsection, the board is authorized to provide by rule or regulation that in the event of the death of any clerk who has satisfied all requirements for retirement provided by subsection (a) of Code Section
47-14-70
but who dies prior to attaining the age of 55, whether or not such clerk has terminated his or her official duties as clerk, the surviving spouse shall receive a monthly sum during his or her lifetime in an amount not greater than 50 percent of the amount such clerk would have received had he or she retired at age 55 as provided under subsection (c) of Code Section
47-14-70
, the actual percent to be set by the board of commissioners in direct relation to the amount determined by the actuary pursuant to paragraph (2) of this subsection. In order to receive such benefits, any such spouse must be at least 55 years of age and have been married to such clerk for at least six years immediately preceding the death of such clerk. Once funded and granted, such benefit shall be irrevocable but shall be subject to the provisions of Code Section
47-14-90
.
(2)
The board of commissioners shall be authorized to provide for such level of benefits as provided in paragraph (1) of this subsection only upon:
(A)
The recommendation of the actuary for the board;
(B)
The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section
47-20-10
or such higher standards as may be adopted by the board; and
(C)
Such other factors as the board deems relevant.
Amended by 2010 Ga. Laws 681,§ 66, eff. 7/1/2010.
Amended by 2008 Ga. Laws 687,§ 4, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 5 - RETIREMENT BENEFITS, DISABILITY BENEFITS, AND SPOUSES' BENEFITS (§§ 47-14-70 — 47-14-79) › Section 47-14-73 - Eligibility to retire and receive retirement benefits; effect of retirement before age 55

Any other provisions of this chapter to the contrary notwithstanding, a clerk may terminate his official duties as clerk and be eligible for retirement benefits if he has fulfilled the qualifications necessary therefor; but if he has not reached the age of 55 at the time he terminates his official duties, he shall not commence receiving his retirement benefits until he reaches that age.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 5 - RETIREMENT BENEFITS, DISABILITY BENEFITS, AND SPOUSES' BENEFITS (§§ 47-14-70 — 47-14-79) › Section 47-14-74 - Application of certain increases in benefits to benefits paid to surviving spouses

The increases in retirement benefits resulting from changes made in this chapter prior to January 1, 1998, and the increases in retirement benefits resulting from changes made in this chapter during calendar year 1998 shall also be used in the computation of any retirement benefits allowed a surviving spouse of a deceased clerk pursuant to the terms of this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 5 - RETIREMENT BENEFITS, DISABILITY BENEFITS, AND SPOUSES' BENEFITS (§§ 47-14-70 — 47-14-79) › Section 47-14-75 - Eligibility for certain benefit increases

Any other provisions of this chapter to the contrary notwithstanding, each member who retired prior to July 1, 1998, and all members who have ceased their service as clerks but have not yet reached retirement age shall receive benefits under this chapter in the same amount as a member with the same number of years of service would receive if such member retired on July 1, 1998. This Code section shall not reduce the amount of any benefits which a retired member or the spouse of a deceased member is receiving on June 30, 1998. The increased benefits provided by Code Section
47-14-71
and subsections (a), (d), and (e) of Code Section
47-14-70
shall be paid to retired members and spouses of deceased members, effective on July 1, 1998.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 5 - RETIREMENT BENEFITS, DISABILITY BENEFITS, AND SPOUSES' BENEFITS (§§ 47-14-70 — 47-14-79) › Section 47-14-76 - Right to withdraw dues; effect of withdrawal on membership and benefits; eligibility to rejoin the fund

Any member may withdraw the total sum, without interest, which he has paid into the fund. In order to become eligible to rejoin the fund and to receive any benefits under this chapter after such withdrawal, he must repay the entire amount which he has withdrawn, plus interest at 6 percent per annum. A member shall not receive credit for any service after such withdrawal unless he pays the dues which he would have paid had he been a member of the fund during such period of service, plus interest on such amounts at 6 percent per annum. If any clerk dies before being retired, the total amount, without interest, which has been paid by him into the fund shall be paid to his estate. If, after retiring, any clerk should die without leaving a surviving spouse and without having received the amount in benefits equal to the amount which he had paid into the fund, the difference, without interest, shall be paid to his estate. If after retiring, any clerk should die leaving a surviving spouse and such surviving spouse should thereafter die without having received the amount of benefits equal to the amount which had been paid into the fund less the amount received by such clerk before his death, the difference, without interest, shall be paid to his estate.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 5 - RETIREMENT BENEFITS, DISABILITY BENEFITS, AND SPOUSES' BENEFITS (§§ 47-14-70 — 47-14-79) › Section 47-14-77 - Service for which no credit received for retirement purposes

(a)
Notwithstanding any other provision of this chapter to the contrary, a clerk may not receive credit for retirement purposes for any service performed as a clerk prior to six months from the time application is made for membership in the fund.
(b)
Notwithstanding any other provision of this chapter to the contrary, a clerk may not receive credit for retirement purposes for deputy clerk service or for military service unless such credits are sought at the time of application for membership in the fund.
(c)
No member who first or again becomes a member on or after September 1, 2009, and who is subject to the provisions of Code Section
15-6-50
shall be entitled to include, for any purpose under this chapter, service during which he or she was not in compliance with the training requirements of subsection (c) of such Code section.
(d)
(1)
Notwithstanding any other provision of this chapter to the contrary, and except as provided in paragraph (2) of this subsection, a clerk who first or again becomes a member of this retirement fund on or after July 1, 2010, shall not be entitled to receive credit for any purpose for prior service as a deputy clerk.
(2)
Any person who is serving as chief deputy clerk on July 1, 2010, and who, without a break in service, became the clerk of the same court may receive creditable service for such service as provided in Code Section
47-14-70
by making application to the board of trustees in such manner as the board deems appropriate and paying to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting such creditable service. Such application and payment shall be made not later than six months after such person became a clerk of the court.
Added by 2010 Ga. Laws 453,§ 1, eff.
Amended by 2009 Ga. Laws 176,§ 1, eff. 6/1/2009.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 5 - RETIREMENT BENEFITS, DISABILITY BENEFITS, AND SPOUSES' BENEFITS (§§ 47-14-70 — 47-14-79) › Section 47-14-78 - Service for which credit received for retirement purposes

Any member of this retirement system who, prior to becoming a member, served as a clerk of a state court in which the clerk is someone other than the clerk of the superior court shall be entitled to not more than 20 years of creditable service for such prior service. Any such member shall make application to the board in such form and providing such documentation of such prior service as the board deems necessary.
Added by 2002 Ga. Laws 497, § 7, eff. 7/1/2002.
See 2002 Ga. Laws 497, § 8.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 5 - RETIREMENT BENEFITS, DISABILITY BENEFITS, AND SPOUSES' BENEFITS (§§ 47-14-70 — 47-14-79) › Section 47-14-79 - Death benefit paid to designated beneficiary of member who dies in service

A death benefit in the amount of $5,000.00 shall be paid to the designated beneficiary of any member who dies in service. In the absence of a designated beneficiary, such amount shall be paid to the deceased member's estate. For members eligible for a surviving spouse's benefit, such amount shall be in addition to the benefit provided pursuant to Code Section
47-14-72
.
Added by 2010 Ga. Laws 453,§ 2, eff.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 6 - MISCELLANEOUS PROVISIONS (§§ 47-14-90 — 47-14-91) › Section 47-14-90 - Reduction of benefits upon determination that available funds are insufficient; order of payment upon resumption of payments in full; liability of board for such reductions

If the funds derived from the sources provided for in this chapter are not sufficient at any time to enable the board to pay, in full, each person determined to be entitled to benefits under this chapter, then the prorated percentage of such payments shall be made to each such person until the fund shall be replenished sufficiently to enable the board to resume such payments in accordance with this chapter. Before resuming such payments, all persons who received deficiency payments shall be paid in full. In no event shall the board or any member of the board be liable to any person for any deficiencies in payments made under this Code section.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 14 - SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA (§§ 47-14-1 — 47-14-91) › Article 6 - MISCELLANEOUS PROVISIONS (§§ 47-14-90 — 47-14-91) › Section 47-14-91 - Exemption of rights and benefits under this chapter from taxation; exemption from levy and sale, garnishment, attachment, or other process; assignability

The right to any pension, allowance, or benefit; the right to the return of contributions; any optional benefit; or any other right accrued or accruing to any person under this chapter; and moneys under this chapter shall be exempt from any tax imposed by any state, county, municipal, or other political subdivision, except as provided in Code Section
48-7-27
, and shall be exempt from levy and sale, garnishment, attachment, or any other process. Such funds and benefits shall not be assignable.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 15 - SUPERIOR COURT REPORTERS EMERITUS (§§ 47-15-1 — 47-15-5) › Section 47-15-1 - Creation of the office of superior court reporter emeritus

There is created the office of superior court reporter emeritus.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 15 - SUPERIOR COURT REPORTERS EMERITUS (§§ 47-15-1 — 47-15-5) › Section 47-15-2 - Eligibility for appointment as superior court reporter emeritus

(a)
As used in this Code section, the term "year" means all or any portion of a calendar year during which a reporter or court stenographer served as official reporter under appointment by the presiding judge of the circuit.
(b)
Any reporter or court stenographer in any superior court judicial circuit who has so served for 40 or more consecutive years in the same circuit shall be eligible for appointment as superior court reporter emeritus and shall be appointed to that office by the judge of the superior court of the circuit, upon application by the reporter or court stenographer.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 15 - SUPERIOR COURT REPORTERS EMERITUS (§§ 47-15-1 — 47-15-5) › Section 47-15-3 - Salary payable to superior court reporters emeritus

Each superior court reporter emeritus shall be paid a salary of $200.00 per month, which salary shall be paid on the first day of each month.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 15 - SUPERIOR COURT REPORTERS EMERITUS (§§ 47-15-1 — 47-15-5) › Section 47-15-4 - Term of office as superior court reporter emeritus; duties; additional compensation for performance of duties

Each superior court reporter emeritus shall hold such office for life. It shall be his duty to serve as a court reporter whenever the judge of the superior court of his circuit shall call upon him to do so, without additional compensation except for civil cases. For reporting and transcribing civil cases he shall be paid the fee provided by law.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 15 - SUPERIOR COURT REPORTERS EMERITUS (§§ 47-15-1 — 47-15-5) › Section 47-15-5 - Duty of counties to pay salaries of superior court reporters emeritus; duty to levy taxes sufficient to pay such salaries

(a)
The salary provided for in Code Section
47-15-3
shall be paid pro rata out of the general treasuries of the various counties comprising the circuit of the court reporter emeritus, upon the basis of population. Each of the counties comprising such circuit shall pay such part or portion of such salary as its population bears to the total population of all counties of such circuit according to the most recent United States decennial census.
(b)
It shall be the duty of the county governing authorities of the various counties comprising the circuit of such court reporter emeritus, when levying taxes for expenses of courts, to levy and make collection of sufficient taxes in their respective counties for the purpose of paying the portion of the salary of the court reporter emeritus chargeable against the respective counties.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 1 - GENERAL PROVISIONS (§ 47-16-1) › Section 47-16-1 - Definitions

As used in this chapter, the term:
(1)
"Board" means the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia.
(2)
"Fund" means the Sheriffs' Retirement Fund of Georgia.
(3)
"Member" means a member of the Sheriffs' Retirement Fund of Georgia.