reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 1 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-8-1 — 47-8-6) › Section 47-8-6 - Administration of the fund

The trustees shall contract with the Employees' Retirement System of Georgia for the administration of the fund.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 2 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-8-20 — 47-8-21) › Section 47-8-20 - Membership in the fund; effect of contributions on eligibility for benefits and participation in the fund; payment of contributions for service rendered before becoming a member

(a)
All judges of the superior courts of this state who qualify under this chapter shall be eligible to participate in the fund. In order to be eligible to receive the benefits provided by this chapter, a judge of the superior court must begin making the contributions required by this chapter by December 31, 1964, or within 90 days after taking office as judge of the superior court, whichever date is later. Any judge who fails to begin making the contributions required by this chapter within the time required by this Code section shall be forever barred from participating in the fund.
(b)
Any judge of a superior court who desires to qualify under this chapter to participate in the fund shall, as a prerequisite to such participation, pay into the fund a sum of money equal to the contributions required by this chapter from the date of the beginning of his service as judge of a superior court until the date such sum of money is paid into the fund. At the same time he shall pay into the fund an amount of money equivalent to 6 percent simple interest on such sum of money for each year from the beginning of his service as a judge of a superior court until the date the contributions are paid into the fund.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 2 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-8-20 — 47-8-21) › Section 47-8-21 - When payments shall be made to the fund

Judges making payments to the fund shall make their payments at such time and at such regular intervals, at least every six months, as may be fixed by the trustees of the fund.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 3 - ELIGIBILITY FOR APPOINTMENT AS SENIOR JUDGE (§§ 47-8-40 — 47-8-45) › Section 47-8-41 - Eligibility for appointment as a senior judge or retirement; salary or benefits; creditable service

(a)
Any judge of a superior court of this state who is in at least his nineteenth year of service as a judge of a superior court of this state, any service as district attorney of a judicial circuit, as a judge of or solicitor of a city or county court of this state, or membership in the General Assembly or service in the armed forces of the United States occasioned by the national emergencies of World War I, World War II, or the Korean Conflict, or assistant district attorney or district attorney pro tempore as herein provided, being allowable in computing such 19 years' service, provided at least one complete term or its equivalent number of years in two or more terms have been served as judge of a superior court of this state or who has already been in service for 19 years as a judge of a superior court of this state on March 9, 1945, and who is still in service as such officer, shall be eligible for appointment at his pleasure and shall be eligible to receive the benefits now or hereafter offered judges of the superior courts, provided that the General Assembly retirement service credit shall be for the entire term of office to which such person was elected and served.
(b)
Any judge of a superior court of this state qualifying under any one of the following provisions shall be eligible to retire at his pleasure and shall be eligible to receive one-half of the salary now or hereafter paid to judges of the superior courts by the state:
(1)
He has reached the age of 65 years and has completed ten years of service as a judge of the superior courts of this state, as distinguished from creditable service, and has for the period of his service as such judge made payments to the fund at the rate herein specified, and has been appointed under this chapter as a senior judge of the superior courts, as provided in Code Section
47-8-40
; or
(2)
Any judge of a superior court of this state who has been in service as a judge of the superior court for at least ten years and who becomes disabled from continuing his duties as judge of the superior court and who shall have attained the age of 62 years, satisfactory evidence of such disability having been presented to the board of trustees and a recommendation of appointment having been made by a majority of the board.
Amended by 2010 Ga. Laws 681,§ 64, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 3 - ELIGIBILITY FOR APPOINTMENT AS SENIOR JUDGE (§§ 47-8-40 — 47-8-45) › Section 47-8-42 - Eligibility for retirement; benefits

No judge shall be eligible for benefits under this chapter unless he has qualified under one of the following provisions:
(1)
Retirement at two-thirds' the salary paid to superior court judges:
(A)
Any judge of a superior court of this state who is in at least his nineteenth year of service as a judge of the superior court computed as provided in this chapter; or
(B)
Any judge of a superior court already in service for 19 years on March 9, 1945, as a judge of a superior court and who is still in service as such officer.
(2)
Retirement at one-half of the salary paid to superior court judges:
(A)
Any judge of a superior court of this state who has attained the age of 65 years and who has completed ten years of actual service as a judge of a superior court; or
(B)
Any judge of a superior court who has been in service as a judge of a superior court for at least ten years and who becomes disabled from continuing his duties as judge of the superior court, who shall have attained the age of 62 years, satisfactory evidence of such disability having been presented to the board of trustees and a recommendation of appointment having been made by a majority of the board.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 3 - ELIGIBILITY FOR APPOINTMENT AS SENIOR JUDGE (§§ 47-8-40 — 47-8-45) › Section 47-8-44 - Payment of contributions on behalf of superior court judges

(a)
On and after 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 judges of the superior court 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 judge of the superior court were a member of the Employees' Retirement System of Georgia. Such judges of the superior courts shall continue to have deducted from their state salaries the additional amount of employee contributions required by this chapter.
(b)
The monthly employee contributions made by the employer on behalf of a judge of the superior courts as provided in subsection (a) of this Code section shall be used in the computation of the judge's state salary for the computation of retirement benefits.
(c)
With respect to any senior judges who have retired or who will retire in the future, the employee contributions paid by the employer on behalf of an active judge of the superior court as provided in subsection (a) of this Code section shall be included in current salary and used for the purpose of computing the monthly retirement benefits provided by this chapter. The monthly retirement benefit of each heretofore retired senior judge shall be increased accordingly, effective July 1, 1980.
(d)
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 this Code section.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 3 - ELIGIBILITY FOR APPOINTMENT AS SENIOR JUDGE (§§ 47-8-40 — 47-8-45) › Section 47-8-45 - Credit for service rendered during the year in which a superior court judge would become eligible for retirement and appointment as a senior judge

In computing the number of years of service, wherever necessary to become eligible for appointment and retirement under this chapter, the entire year in which a superior court judge would become eligible shall be computed as a part of the required number of years of service, although actually he served for only a part of that year.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 4 - APPOINTMENT AS SENIOR JUDGE; COMPENSATION AND DUTIES (§§ 47-8-60 — 47-8-69) › Section 47-8-60 - Appointment to the office of senior judge; resignation from the office of superior court judge

The Governor shall appoint to the position of senior judge anyone eligible under this chapter who advises the Governor in writing that he desires to resign from the office of judge of the superior courts and accept appointment as a senior judge. Upon such appointment by the Governor and issuance of the commission by the Governor, the resignation shall automatically become effective.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 4 - APPOINTMENT AS SENIOR JUDGE; COMPENSATION AND DUTIES (§§ 47-8-60 — 47-8-69) › Section 47-8-61 - Term of office as senior judge; power of Governor to call upon senior judges to serve as superior court judges

All persons appointed as senior judges under this chapter shall hold such office for life. The Governor may call upon such judges to serve as judges of the superior courts when the regular judge for some reason is unable to serve. Such judges are also authorized to serve in the superior courts as may be otherwise provided by law.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 4 - APPOINTMENT AS SENIOR JUDGE; COMPENSATION AND DUTIES (§§ 47-8-60 — 47-8-69) › Section 47-8-62 - Salaries paid to senior judges

Except as otherwise provided, a senior judge shall receive from the state an annual salary equal to two-thirds of the salary provided by law to be paid by the state to a judge of the superior court at the time of his appointment to the position of senior judge under this chapter. In addition to this salary, a senior judge shall receive from the counties of the circuit of which he had lately been judge a salary equal to two-thirds of the amounts which had been paid to him as judge by those counties at the time of his resignation as judge of the superior court and his appointment as senior judge.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 4 - APPOINTMENT AS SENIOR JUDGE; COMPENSATION AND DUTIES (§§ 47-8-60 — 47-8-69) › Section 47-8-63 - Duties of senior judges generally

It shall be the duty of the senior judges to consult with the Justices of the Supreme Court and the Judges of the Court of Appeals and to advise and assist each of such courts in the revision of the rules of practice of such courts and in handling the administrative duties now or hereafter placed upon such courts or the members thereof by law. It shall also be the duty of the senior judges to consult with the Attorney General and the assistants to the Attorney General upon legal matters, when their advice and consultation are requested.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 4 - APPOINTMENT AS SENIOR JUDGE; COMPENSATION AND DUTIES (§§ 47-8-60 — 47-8-69) › Section 47-8-64 - Service as superior court judge; compensation

Senior judges may serve as judges of the superior courts as provided for in Chapter 1 of Title 15 or as otherwise provided by law. A senior judge serving as judge of the superior court shall be compensated as provided for in Code Section
15-1-9.2
or as otherwise provided by laws enacted after July 1, 1989; and such compensation for such service shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits of such judge.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 4 - APPOINTMENT AS SENIOR JUDGE; COMPENSATION AND DUTIES (§§ 47-8-60 — 47-8-69) › Section 47-8-65 - Retention of office as a senior judge despite nonresidency; power to preside as a judge during the period of nonresidence

(a)
Any other provision of law to the contrary notwithstanding, any person who has been appointed to the office of senior judge under this chapter and who is (1) 65 years of age or older or (2) any person who, after being appointed to the office of senior judge under this chapter, becomes disabled from continuing his official duties as a senior judge may become a nonresident of this state and may upon a doctor's order retain his office as a senior judge despite his nonresidence in the state and may continue to receive his retirement salary as a senior judge under this chapter. The disability of a senior judge shall be determined under the procedure specified in subsection (c) of Code Section
47-8-40
.
(b)
No senior judge who is a nonresident of the state shall preside in any court of this state while a nonresident.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 4 - APPOINTMENT AS SENIOR JUDGE; COMPENSATION AND DUTIES (§§ 47-8-60 — 47-8-69) › Section 47-8-68 - Withdrawal of payments to the fund; effect on right to participate in the fund

Any superior court judge may, after 30 days' written notice to the trustees of this fund, withdraw his total payments, without interest, from the fund; and his right to participate in the benefits under this chapter shall cease, unless the age of such judge is such that he could resume payments for a period of 20 continuous years.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 4 - APPOINTMENT AS SENIOR JUDGE; COMPENSATION AND DUTIES (§§ 47-8-60 — 47-8-69) › Section 47-8-69 - Withdrawal of payments to the fund by superior court judges who have been disqualified or resigned from office; payments upon the death of a superior court judge

Any superior court judge who resigns or otherwise becomes disqualified to hold such office shall be entitled to withdraw the total amount, without interest, which he has paid to the fund. If any such judge dies, the total amount, without interest, paid by him to the fund shall be paid to his surviving spouse or, if none, to his personal representative. In the case of any such judge who was receiving benefits from this fund at the time of his death and who has not received the total amount, without interest, paid by him to the fund, his surviving spouse or, if none, his personal representative shall receive from the fund the remainder of his payments to the fund. The employee contributions paid by the employer to the fund on behalf of a judge of the superior courts, as provided in subsection (a) of Code Section
47-8-44
, after July 1, 1980, shall be considered to be payments made by the judge.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 5 - MISCELLANEOUS PROVISIONS (§ 47-8-80) › Section 47-8-80 - Effect of sufficiency of the fund on payment of retirement benefits; order of liability for payment of benefits

The state shall pay benefits under this chapter to all superior court judges who are eligible for retirement under this chapter without regard to the sufficiency of the fund to pay such benefits. 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
47-8-4
shall be disbursed as benefits. The employee contributions paid by the employer to the fund on behalf of a judge of the superior courts, as provided in subsection (a) of Code Section
47-8-44
, after July 1, 1980, shall be considered to be payments made by the judge.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 1 - GENERAL PROVISIONS (§ 47-11-1) › Section 47-11-1 - Definitions

As used in this chapter, the term:
(1)
"Adjusted annual income" means the maximum income determined by application of paragraph (5) of Code Section
47-11-40
.
(2)
"Adjusted monthly income" means a sum equal to one-twelfth of the adjusted annual income.
(3)
"Board" means the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia.
(4)
"Fund" means the Judges of the Probate Courts Retirement Fund of Georgia.
(5)
"Member" means a member of the Judges of the Probate Courts Retirement Fund of Georgia.
Amended by 2014 Ga. Laws 503,§ 1, effective onJuly 1, 2014, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety onJuly 1, 2014, as required by subsection (a) of Code Section 47-20-50.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-11-20 — 47-11-26) › Section 47-11-21 - Creation of office of secretary-treasurer; credit for service rendered; retirement benefits; surety bonds; reports and accounting

(a)
(1)
There is created the office of secretary-treasurer of the board. The secretary-treasurer shall be elected and appointed by the board and shall serve at the pleasure of the board. His compensation and duties may be fixed by the board.
(2)
The board or the secretary-treasurer with the approval of the board may employ additional personnel to assist the board or secretary-treasurer in carrying out duties provided in this chapter. The compensation and duties of any such personnel shall be fixed by the board.
(b)
Notwithstanding any other provisions of this chapter to the contrary, in addition to such salary, the secretary-treasurer shall receive credit for a sum of:
(1)
Six hundred dollars per annum for time served after March 21, 1958, until July 1, 1979;
(2)
Seven hundred fifty dollars per annum for time served after July 1, 1979, through December 31, 1992; and
(3)
One thousand two hundred fifty dollars for time served in any calendar year after 1992 as dues in the retirement system.
(b.1)
The secretary-treasurer shall be paid retirement benefits upon retiring as secretary-treasurer as provided in Article 5 of this chapter for a judge of the probate court retiring with the highest benefit allowed by such article and shall be entitled to any retirement option allowed by such article.
(c)
The board shall have authority to require the secretary-treasurer to give a good and sufficient surety bond in an amount to be determined by the board. The bond shall be payable to the board and shall be conditioned upon the proper and faithful performance of the duties of the secretary-treasurer. The secretary-treasurer shall be required to make quarterly reports to the board, which reports shall show all receipts and disbursements in such form and in such manner as the board may require. He shall likewise be required quarterly to make a full account of all moneys or property coming into his hands at any time.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-11-20 — 47-11-26) › Section 47-11-22 - Powers and duties of the board

(a)
The board is granted the following powers and duties:
(1)
To provide for the collection of all moneys provided in this chapter;
(2)
To pay the administrative expenses of the board;
(3)
To hear and decide all applications for retirement benefits under this chapter;
(4)
To make payment of all retirement benefits that may be determined to be due under the terms of this chapter;
(5)
To make all necessary rules and regulations, not inconsistent with the laws of the state, for its government and for the government of the employees of the board;
(6)
To determine and fix rules of eligibility of persons to receive retirement benefits;
(7)
To make refunds and repayments to persons who may be entitled to receive them; and
(8)
To keep all records of its meetings.
(b)
The board shall also have all powers necessary for the purpose of administering this chapter.
(c)
(1)
Subject to the terms and limitations of this subsection, the board of commissioners is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 5 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon:
(A)
The recommendation of the actuary of the board of commissioners;
(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.
Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of commissioners shall determine.
(2)
Any provision of paragraph (1) of this subsection to the contrary notwithstanding, no benefit increase shall be awarded under this subsection greater than 1.5 percent in any six-month period.
Amended by 2014 Ga. Laws 503,§ 2, effective onJuly 1, 2014, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety onJuly 1, 2014, as required by subsection (a) of Code Section 47-20-50.
Amended by 2010 Ga. Laws 681,§ 66, eff. 7/1/2010.
Amended by 2010 Ga. Laws 681,§ 64, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-11-20 — 47-11-26) › Section 47-11-23 - Control of funds; special account for deposit and payment; powers regarding investments; power to employ agents as investment advisers

(a)
The board shall have control of all funds provided for in this chapter, and all funds shall be received and disbursed from a special account to the credit of the board. The expenses of administering this fund and the benefits provided for in this chapter shall be paid from such funds. The board shall have authority to expend the funds in accordance with this chapter.
(b)
The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the "Public Retirement Systems Investment Authority Law." Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund.
(c)
The board is authorized to employ agents, including, but not limited to, banks or trust departments thereof, and to contract with such agents for their services as investment advisers and counselors, making recommendations for investments and making investments if the board so authorizes.
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 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-11-20 — 47-11-26) › Section 47-11-24 - Power of board to take, hold, and invest any gift, grant, or bequest

The board may take, by gift, grant, or bequest, any money, real or personal property, or any other thing of value and may hold or invest it for the use 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 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-11-20 — 47-11-26) › Section 47-11-25 - Duty of board to keep records

The board shall keep permanent records of all persons who qualify to participate in the benefits of this chapter, an accurate record of all payments and disbursements, and a detailed record of all the acts and doings of the board.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-11-20 — 47-11-26) › Section 47-11-26 - Annual audit; power of state auditor to conduct audit when he or she sees fit or at request of the Governor

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 the same to the General Assembly in such detail as he or she may see fit. 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 state auditor shall also have the right to audit the affairs of the board and any of its employees at any time that he or she may see fit or at any time that he or she may be requested to do so by the board or by the Governor.
Amended by 2005 Ga. Laws 333,§ 33, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 3 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-11-40 — 47-11-43) › Section 47-11-41 - Service credit not allowed for periods during which contributions not timely paid

No member shall receive service credit for any month in which an arrearage exists in the payment of dues required by Code Section
47-11-40
or the portion of the collected revenues required to be paid to the fund by Article 4 of this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 3 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-11-40 — 47-11-43) › Section 47-11-42 - Suspension of membership

Any member who has been in arrears in the payment of dues required by Code Section
47-11-40
or the portion of the collected revenues required to be paid to the fund by Article 4 of this chapter for a period of 90 days shall be suspended from membership effective on the ninetieth day of such arrearage. Such member may apply for reinstatement as an active member only during the 30 day period beginning with his or her next full term of office, and such member shall not receive service credit for such period of suspension.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 3 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-11-40 — 47-11-43) › Section 47-11-43 - Obtaining creditable service

Any member who is active on July 1, 2016, may obtain creditable service for any service in excess of 20 years as judge of the probate court, employee of the board, or secretary-treasurer, but not more than the actual number of years of service or 30 years, whichever is less. Any such member shall make application in such form and manner as the board deems appropriate and shall pay to the board an amount determined by the board to be sufficient to cover the full actuarial cost of granting the creditable service as provided in this Code section. Any such application and payment must be received not later than December 31, 2016.
Added by 2016 Ga. Laws 427,§ 2, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 4 - REVENUES COLLECTED FROM FINES AND FEES (§§ 47-11-50 — 47-11-51) › Section 47-11-51 - Payment to fund of a portion of criminal and quasi-criminal fines and forfeited bonds; duty to record and report collection; penalties

(a)
In every criminal and quasi-criminal case for violating state statutes or traffic laws which is before a judge of the probate court and in which case a fine is collected or a bond is forfeited, $3.00 shall be collected by the judge, clerk of court, or other collecting authority. Such bond or fine shall be construed to include costs.
(b)
The sum provided for shall be paid to the board before the payment of any cost or any claims whatsoever against such fine or forfeiture. It is made the duty of the judge of the probate court or other authority collecting the money to keep accurate records of the amount due the board so that the same may be audited or inspected at any time by any representative of the board at the direction of the board. Sums remitted to the board under this Code section shall be used as provided for elsewhere in this chapter.
(c)
(1)
All moneys required to be paid to the board by this Code section shall be due on the twentieth day of the month after collection. Each judge of the probate court, clerk of court, or other collecting authority shall pay such moneys to the board no later than such due date and shall submit with such moneys a sworn statement of the number and nature of transactions for which such moneys are required to be paid and the amount due. Such sworn statement shall be on a form furnished to each judge of the probate court by the board.
(2)
Moneys not paid when due shall bear interest at the rate of 7 percent per annum.
(3)
Moneys not paid within 60 days of the date they are due shall be delinquent. There shall be imposed on delinquent funds a specific penalty in the amount of 5 percent of the principal amount delinquent per month for each month such moneys remain delinquent; but such specific penalty shall not exceed 25 percent of the principal amount due. Such specific penalty shall be in addition to the 7 percent per annum interest charged on overdue moneys.
(4)
For failure to file the written report of transactions and amount due when due, there shall be imposed a specific penalty in the amount of $5.00 for each month such report remains overdue; but such specific penalty shall not exceed $50.00 for failure to file any one report.
(5)
By affirmative vote of all the members, the board, upon the payment of all overdue funds and interest and for good cause shown, may waive the specific penalties provided by paragraphs (3) and (4) of this subsection.
Amended by 2012 Ga. Laws 653,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 5 - RETIREMENT BENEFITS AND REFUNDS OF DUES (§§ 47-11-70 — 47-11-73) › Section 47-11-72 - Refund of contributions upon termination of office as judge of the probate court and waiver of benefits; interest on dues paid for purposes of computing refunds to deceased members

(a)
Any member of the fund, after ceasing to serve as a judge of the probate court or employee of the board and after waiving any right to retirement benefits in writing on a form to be provided by the board, may apply for and be refunded all dues paid, together with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund.
(b)
Although retirement pay shall be based on Code Section
47-11-71
and nothing in this Code section shall be construed to alter same, at the effective date of retirement simple interest at a rate of 5 percent per annum shall be computed on all dues paid from the end of the calendar year in which paid to the end of the calendar year immediately preceding the date of retirement and shall be added to the total dues paid. After all retirement benefits coming due under subsection (a) or (b) of Code Section
47-11-71
, as the case may be, have been paid and if the total thereof shall not be equal to or exceed the above total of dues and interest, then the balance of such principal and interest shall be paid to the estate of the deceased judge of the probate court or employee of the board.
(c)
Upon application by the estate of any member of the retirement system who dies prior to retirement and who does not have a surviving spouse who is eligible for benefits under Code Section
47-11-71.1
, all dues paid by such deceased member, together with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund, shall be paid to the estate of the deceased judge of the probate court or employee of the board.
(d)
No dues may be refunded except in strict compliance with this Code section.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 5 - RETIREMENT BENEFITS AND REFUNDS OF DUES (§§ 47-11-70 — 47-11-73) › Section 47-11-73 - Retirement after disability

Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing four years of creditable service if he becomes totally and permanently disabled after commencing service as a probate judge or as an employee of the board. Any such probate judge or employee shall be entitled to receive retirement benefits in the amount that he would receive if his retirement were effective at the time he became disabled. All questions relating to the degree and nature of the total and permanent disability suffered by the probate judge or employee shall be determined by the board.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 6 - MISCELLANEOUS PROVISIONS (§§ 47-11-90 — 47-11-91) › Section 47-11-90 - Effect of insufficiency of funds on payment of retirement benefits; liability of board for such insufficiencies

If the board determines that the funds derived from the sources provided for in this chapter are not actuarially sufficient at any time to enable the board to pay in full each person determined to be entitled to the benefits provided for, plus all contingent and other liabilities, then a prorated percentage of such payments shall be made to each person entitled thereto until the funds shall be replenished actuarially sufficiently to enable the board to resume such payments in accordance with the terms of this chapter. In no event shall the board or any member thereof be liable to any person for any deficiency in payments made under this Code section.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 11 - JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA (§§ 47-11-1 — 47-11-91) › Article 6 - MISCELLANEOUS PROVISIONS (§§ 47-11-90 — 47-11-91) › Section 47-11-91 - Exemption of funds from attachment, garnishment, or judgment; assignability

None of the funds provided for in this chapter shall be subject to attachment, garnishment, or judgment rendered against the person entitled to receive the same. Such funds shall not be assignable.
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 1 - GENERAL PROVISIONS (§ 47-12-1) › Section 47-12-1 - Definitions

As used in this chapter, the term:
(1)
"Board of trustees" means the Board of Trustees of the District Attorneys Retirement Fund of Georgia.
(2)
"Fund" means the District Attorneys Retirement Fund of Georgia.
(3)
"Member" means a member of the District Attorneys Retirement Fund of Georgia.
(4)
"Salary," "fees," and "compensation" includes all emoluments received by a district attorney for his services or resulting from the performance of his duties.
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 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-12-20 — 47-12-25) › Section 47-12-20 - Creation of the office of district attorney emeritus

There is created the office of district attorney emeritus.
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 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-12-20 — 47-12-25) › Section 47-12-21 - Creation of the fund; membership of the board of trustees; payments to the fund

(a)
There is created the District Attorneys Retirement Fund of Georgia.
(b)
The board of trustees of the fund shall be the Governor, the state treasurer, and an appointee of the Governor who is not the Attorney General. All payments to this fund shall be made to the board of trustees.
Amended by 2010 Ga. Laws 621,§ 3, 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 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-12-20 — 47-12-25) › Section 47-12-22 - Power of board of trustees to make rules and regulations for the administration of the fund

The board of trustees is authorized to make such rules and regulations not inconsistent with this chapter for the proper administration of this chapter.
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 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-12-20 — 47-12-25) › Section 47-12-23 - Power of board of trustees to invest money received under this chapter

The board of trustees shall have authority to invest any of the money received under this chapter in such manner as funds of the Employees' Retirement System of Georgia are invested and reinvested.
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 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-12-20 — 47-12-25) › Section 47-12-24 - Annual audit of the fund

The state auditor is authorized to make an annual audit of the fund.
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 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-12-20 — 47-12-25) › Section 47-12-25 - Administration of the fund

The trustees shall contract with the Employees' Retirement System of Georgia for the administration of the fund.
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 47-12-40 - Eligibility to participate in the fund

All district attorneys of judicial circuits of this state who qualify under this chapter shall be eligible to participate in the fund.
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 47-12-41 - Payments by district attorneys into the fund

(a)
All district attorneys who qualify under this chapter shall pay into the fund the amount of 5 percent of their state salary for each year; and any district attorney who makes payment to this fund shall be eligible to retire from the office and be eligible to the appointment of district attorney emeritus, at a salary of one-half of what he has previously received as compensation as state salary for the final calendar year of his service as active district attorney of his circuit.
(b)
Each district attorney who is now in office and who is otherwise eligible to participate in the benefits provided by this chapter shall make his or her payments to the fund until his or her retirement. Any such district attorney who is eligible to participate in the fund but who has not made the payments set forth in this Code section may pay such amounts into the fund not later than July 1, 1961, with interest at the rate of 5 percent per annum on all amounts due since February 17, 1949, to the date of payment to the Prosecuting Attorneys' Council of the State of Georgia.
(c)
Any district attorney who was not in office on February 17, 1949, and who had previously served as a district attorney in this state may qualify and be eligible to participate in the benefits provided by this chapter by paying 5 percent of the existing salary or annual fees of such district attorney, plus interest at 5 percent per annum from February 17, 1949, to the date of payment to the fund, as though he or she had been in office since that date. Such payment shall be made into the fund within six months after reentering upon the duties of district attorney. Such person shall continue to pay into the fund the amount of 5 percent of his or her salary or fees for each year thereafter until he or she is in at least his or her nineteenth year of service, including service prior to and subsequent to February 17, 1949.
(d)
District attorneys who qualify under this chapter must make payments to the fund for the entire period set forth in Code Section
47-12-60
and until retirement and must remain in office and render service as an active district attorney for the entire qualifying period or shall have rendered a part of such service as solicitor of a city court from which direct appeals may be taken to the Court of Appeals of Georgia, or otherwise as is provided and set forth in Code Section
47-12-60
.
Amended by 2009 Ga. Laws 157,§ 9, 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 3 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-12-40 — 47-12-44) › Section 47-12-43 - Manner of deduction of payments to the fund; penalty for late payments; payments made on behalf of the district attorney

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
Amended by 2009 Ga. Laws 157,§ 10, eff. 7/1/2010.