reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 4 - SERVICE CREDITABLE (§§ 47-23-60 — 47-23-65) › Section 47-23-63 - Definition and effect of full-time and part-time service; calculations

(a)
As used in this Code section, the term:
(1)
"Full-time service" means any service in a covered position during which such member was generally prohibited from the practice of law by virtue of holding such position.
(2)
"Part-time service" means any service in a covered position during which such member was not generally prohibited from the practice of law by virtue of holding such position.
(b)
Any member who, on the effective date of his or her retirement, was serving in a part-time position shall be entitled to use all of his or her prior service credit for purposes of vesting for benefits and for the calculation of benefits.
(c)
Any member who on the effective date of his or her retirement was serving in a full-time position shall be entitled to use any prior part-time service for vesting for benefits and shall be entitled to use such prior service for the calculation of benefits on the basis of a ratio determined by dividing the average monthly compensation for the 24 consecutive month period producing the highest such average during the part-time service by the average monthly salary during the 24 consecutive month period producing the highest such average during the full-time service. The resultant percentage will be multiplied by the total part-time service and the result added to the total full-time service, resulting in the total service to be used in all benefit calculations.
(d)
Notwithstanding any provision of subsection (b) or (c) of this Code section to the contrary, any member who became a member pursuant to Code Section
47-23-40
shall be entitled to calculate his or her service as provided in the predecessor retirement system of which he or she was a member.
Amended by 2016 Ga. Laws 426,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 4 - SERVICE CREDITABLE (§§ 47-23-60 — 47-23-65) › Section 47-23-64 - Transfer of funds from Employees' Retirement System of Georgia by judges, solicitor general, or district attorneys; crediting service

(a)
(1)
Any superior court judge, state court judge, solicitor general, or district attorney who was previously an active member of the Employees' Retirement System of Georgia may elect to have all contributions made by or on behalf of such member transferred from such retirement system to this retirement system. Any such member shall notify the board of trustees of each retirement system not later than December 31, 2002, or within 90 days after first becoming a member of this retirement system, whichever date is later.
(2)
If the member subject to this subsection has not withdrawn his or her employee contributions from the Employees' Retirement System of Georgia, then upon receipt of the notice provided for in paragraph (1) of this subsection, the Board of Trustees of the Employees' Retirement System of Georgia shall transfer to the board of trustees of this retirement system all employer and employee contributions paid by or on behalf of the employee, together with regular interest thereon.
(3)
If the member subject to this subsection has withdrawn his or her employee contributions from the Employees' Retirement System of Georgia, then at the time of giving the notice provided for in paragraph (1) of this subsection, the member shall pay to the board of trustees of this retirement system the total of such contributions, together with regular interest thereon. Upon receipt of such notice and payment of such amount, the Board of Trustees of the Employees' Retirement System of Georgia shall transfer to the board of trustees of this retirement system all employer contributions paid on behalf of the employee, together with regular interest thereon.
(4)
The member subject to this subsection is authorized, but not required, to pay to the board of trustees such funds in addition to the amounts provided in paragraphs (2) and (3) of this subsection as the member desires.
(b)
Upon receipt of the funds provided for in paragraphs (2), (3), and (4) of subsection (a) of this Code section, the board of trustees of this retirement system shall credit the member with only the number of years of creditable service, not to exceed the actual years of prior service, as the amount so transferred or paid will warrant without creating any accrued liability as to this retirement system, calculated as if the member had either elected or rejected spouse's survivors benefits, at the election of the member.
(c)
No creditable service may be obtained pursuant to the provisions of this Code section for any period for which creditable service has been or may be obtained in any other state or local public retirement system.
Amended by 2002 Ga. Laws 998, § 1, eff. 7/1/2002.
Amended by 2001 Ga. Laws 4, §1, eff. 2/12/2001.
See 2002 Ga. Laws 998, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 4 - SERVICE CREDITABLE (§§ 47-23-60 — 47-23-65) › Section 47-23-65 - Creditable service for certain prior service

Any superior court judge or district attorney who is an active member of this retirement system may receive up to five years of creditable service for his or her past service as a circuit-paid assistant district attorney who was not eligible to participate in a local retirement plan upon payment to the board of trustees of an amount which will allow such creditable service without creating any accrued actuarial unfunded liability as to this retirement system. Any member desiring such creditable service shall make application to the board of trustees in such form as the board deems appropriate, provide such proof of eligible prior service as the board deems necessary, and make full payment not later than December 31, 2008, or within six months of first or again becoming a member, whichever is later. No creditable service shall be allowed under this Code section for any period of employment for which creditable service is allowed under any provision of any other retirement or pension system of this state or of any political subdivision of this state.
Added by 2008 Ga. Laws 757,§ 3, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 5 - CONTRIBUTIONS (§§ 47-23-80 — 47-23-84) › Section 47-23-83 - Termination of membership prior to vesting

Whenever any member of this retirement system terminates his or her membership prior to acquiring a vested right to any retirement benefits and withdraws his or her total employee contributions, plus regular interest, from the funds held by the board, the following shall occur:
(1)
The employer's contributions paid to the board on behalf of such withdrawing member shall continue to be held within the funds controlled and administered by the board and shall not be returned to the employer; and
(2)
The employer's contributions paid to the board on behalf of such withdrawing member shall be treated as actuarial gains and shall be applied toward the future decrease of employer's contributions and shall not be used or applied to increase retirement benefits to other members of the retirement system.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 5 - CONTRIBUTIONS (§§ 47-23-80 — 47-23-84) › Section 47-23-84 - Payment of remainder of accumulated contributions upon death

If, upon the deaths of a retired member and, if applicable, a designated survivor, the total monthly benefits paid to the retired member and to any designated survivor do not equal or exceed the retired member's accumulated contributions at the time of his or her retirement, the difference shall be refunded to the person designated in writing by the member or the designated survivor, whichever was the last to receive a monthly retirement benefit under this Code section. If no person has been so designated, the amount shall be paid to the estate of the member or the designated survivor, whichever was the last to receive a monthly retirement benefit under this Code section.
Added by 2012 Ga. Laws 649,§ 1, eff. 7/1/2012, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47; otherwise, this section shall be automatically repealed on 7/1/2012, as required by Code Section 47-20-50(a).
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 6 - SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS (§§ 47-23-100 — 47-23-110) › Section 47-23-100 - Salary defined

(a)
As used in this article, the term "salary" means:
(1)
For superior court judges, the earnable monthly compensation from state funds provided by law for judges of the superior courts on the date the member begins receiving a retirement benefit;
(2)
For district attorneys, the earnable monthly compensation from state funds provided by law for district attorneys on the date the member begins receiving a retirement benefit;
(3)
For judges and solicitors-general of state courts, the average earnable monthly compensation received as such judge or solicitor-general; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges;
(4)
For juvenile court judges, the average earnable monthly compensation received as such juvenile judge; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges;
(5)
For any person who is a member of the retirement system pursuant to Code Section
47-23-49
, his or her average earnable monthly compensation; and
(6)
For any member who is a member of the retirement system for whom the provisions of Code Section
47-23-43.1
are applicable, his or her average earnable monthly compensation.
(b)
The monthly employee contributions made by the employer on behalf of the member under Code Sections
47-23-80
,
47-23-81
, and
47-23-82
shall be used in the computation of the member's salary for the computation of the member's retirement benefits.
(c)
Notwithstanding any provision of this chapter to the contrary, a member's salary shall be subject to limitations set forth in Code Section
47-1-13
.
Amended by 2020 Ga. Laws 383,§ 2, eff. July 1, 2020, 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".
Amended by 2020 Ga. Laws 371,§ 2, eff. July 1, 2020, 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".
Amended by 2005 Ga. Laws 103,§ 36, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 6 - SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS (§§ 47-23-100 — 47-23-110) › Section 47-23-101 - Calculation of benefits based on salary after July 1, 1998

For members who become members after July 1, 1998, no portion of any salary, as defined in Code Section
47-23-100
, earned after July 1, 1998, which is used to calculate benefits under this retirement system may be used to calculate benefits under any other state or local retirement system or pension plan.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 6 - SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS (§§ 47-23-100 — 47-23-110) › Section 47-23-102 - Vesting; benefits upon retirement; compliance with federal income tax laws

(a)
The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service; provided, however, that no member shall receive a retirement benefit prior to attaining the age of 60 years. Except as otherwise provided in Article 2 of Chapter 1 of this title, a member's accumulated contributions shall be 100 percent vested and nonforfeitable at all times. Any member retiring on or after July 1, 1996, and any member who was retired on July 1, 1996, with 16 years or more of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each year of creditable service over 16 years, of the member's salary; provided, however, that no member shall receive more than 24 years of creditable service. Any member retiring with less than 16 years of creditable service may retire at a reduced benefit pursuant to Code Section
47-23-103
. Normal retirement age under this retirement system shall be the date the member has reached age 60 years of age, provided that he or she has at least ten years of creditable service. For purposes of Section 402(1) of the federal Internal Revenue Code regarding distributions from governmental plans for health and long-term care insurance for public safety officers, normal retirement age shall be the earliest date when the member has satisfied the requirements for a retirement under this or the predecessor retirement system. Except as otherwise provided in Article 2 of Chapter 1 of this title, a member's right to his or her retirement allowance is nonforfeitable upon attainment of normal retirement age. Any member who was retired on July 1, 1996, with more than 16 years of creditable service shall receive in July, 1998, a one-time benefit payment equal to two times the product of 1 percent of the salary paid to such judge at the time of his or her retirement multiplied by the number of years of creditable service in excess of 16 years.
(b)
The board is authorized to provide by rule or regulation for the payment of benefits to members or beneficiaries of the retirement system at a time and under circumstances not provided for in this chapter to the extent that such payment is required to maintain the retirement system as a qualified retirement plan for the purposes of federal income tax laws and regulations.
Amended by 2013 Ga. Laws 215,§ 1, eff. 7/1/2013.
Amended by 2009 Ga. Laws 275,§ 33, eff. 5/11/2009.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 6 - SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS (§§ 47-23-100 — 47-23-110) › Section 47-23-103 - Retirement based on age; application to retire

(a)
In lieu of retirement at the benefit level provided by Code Section
47-23-102
, a member may retire at any time after attaining the age of 60 years and after obtaining a minimum of ten years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of the benefit under Code Section
47-23-102
, and such percentage shall be the proportion which the number of years of creditable service the member has in the retirement system bears to 16.
(b)
The effective date of retirement shall be the first day of the month in which the application is received by the board of trustees, provided that no retirement shall, in any case, be effective earlier than the first day of the month following the final month of the applicant's employment. Applications for retirement shall not be accepted more than 90 days in advance of the effective date of retirement.
Amended by 2006 Ga. Laws 915,§ 4, eff. 7/1/2006.
Amended by 2005 Ga. Laws 103,§ 37, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 6 - SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS (§§ 47-23-100 — 47-23-110) › Section 47-23-104 - Disability; determination of benefits; determining disability

(a)
After obtaining a minimum of four years of creditable service, any member who becomes totally and permanently disabled to the extent that he or she is unable to perform the duties of his or her office shall be entitled to receive a disability retirement benefit which shall be one-half of the maximum retirement benefits provided by Code Section
47-23-102
for 16 years of service, unless the member would otherwise qualify for a greater benefit under Code Section
47-23-102
or
47-23-103
, in which event the Code section providing the highest benefit would apply.
(b)
After obtaining a minimum of ten years of actual service, any member who becomes totally and permanently disabled to the extent that he or she is unable to perform the duties of his or her office shall be entitled to receive a disability retirement benefit which shall be two-thirds of the maximum retirement benefits provided by Code Section
47-23-102
.
(c)
The disability of any member applying for disability retirement benefits shall be determined by the board in the same manner and under the same procedure as disability of state employees is determined in accordance with the applicable provisions of the Employees' Retirement System of Georgia. Disability retirement benefits shall become effective on the first day of the month following the month the member resigns as a result of the disability.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 6 - SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS (§§ 47-23-100 — 47-23-110) › Section 47-23-106 - [See Note] County supplement of salaries (§ 47-23-106) › 1

(a)
Whenever any county within a judicial circuit supplements the state salary paid to active superior court judges or the district attorney of said circuit, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pursuant to this chapter to any retired superior court judge or district attorney of said circuit who is receiving benefits pursuant to this chapter or to supplement the benefit being paid pursuant to this chapter to any beneficiary of any deceased superior court judge or district attorney.
(b)
Whenever any county which has a state court supplements the salary of the judges or solicitors-general of such court, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pursuant to this chapter to any retired state court judge of such court who is receiving benefits pursuant to this chapter or supplement the benefit being paid pursuant to this chapter to any beneficiary of any deceased state court judge.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 6 - SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS (§§ 47-23-100 — 47-23-110) › Section 47-23-106 - [See Note] County supplement of salaries (§ 47-23-106) › 2

(a)
Whenever any county within a judicial circuit supplements the state salary paid to active superior court judges or the district attorney of said circuit, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pursuant to this chapter to any retired superior court judge or district attorney of said circuit who is receiving benefits pursuant to this chapter or to supplement the benefit being paid pursuant to this chapter to any beneficiary of any deceased superior court judge or district attorney.
(b)
Whenever any county which has a state court supplements the salary of the judges or solicitors-general of such court, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pursuant to this chapter to any retired state court judge of such court who is receiving benefits pursuant to this chapter or supplement the benefit being paid pursuant to this chapter to any beneficiary of any deceased state court judge.
(c)
Notwithstanding the provisions of subsection (a) or (b) of this Code section, for any single county judicial circuit where the county site is located in an unincorporated area of the county and the county governing authority has constructed one or more permanent satellite courthouses within the county, said county shall supplement the benefit amount being paid pursuant to this chapter to any district attorney who retired from such circuit. The amount of the supplement shall be determined by multiplying the benefit percentage he or she earned pursuant to Code Section
47-23-102
at retirement together with the aggregate county salary supplement being paid to the active district attorney on the date that he or she begins receiving a retirement benefit or the supplement paid to the retiring district attorney upon his or her last day of service as district attorney, whichever is greater. The supplement shall not be payable to a spouse or survivor pursuant to the provisions of Code Section
47-23-105
.
Amended by 2024 Ga. Laws 396,§ 2, eff. 7/1/2024, only if it is determined to have been concurrently funded.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 6 - SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS (§§ 47-23-100 — 47-23-110) › Section 47-23-107 - Appointing beneficiary

If there is no surviving spouse or survivor of a member covered by Code Section
47-23-105
or if a member not covered by such Code section dies before retirement, the amount of accumulated contributions made by such member, with regular interest on such amount, shall be paid to his or her named beneficiary, if any, or to the living person, if any, nominated by written designation of the member duly executed and filed with the board, otherwise to the member's estate.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 6 - SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS (§§ 47-23-100 — 47-23-110) › Section 47-23-108 - Withdrawal of funds

Except as otherwise expressly provided in this chapter, if a member ceases to be employed in a covered position, he or she may withdraw the total sum, with 6 percent interest, which he or she has paid into the fund. The member shall not be eligible at any time after such withdrawal to become a member of the fund, unless at a later date he or she becomes employed in a covered position, in which event he or she shall be reinstated into the fund as if he or she had never before been a member. Any such reinstated member shall have the privilege of reestablishing any prior creditable service, provided that the member repays into the retirement system an amount equal to the amount withdrawn, which shall be placed in the employee contribution accumulation fund, together with 6 percent interest from the date of withdrawal to the date of repayment, which interest shall be placed in the pension accumulation fund. The employee contributions paid by the employer as provided in subsection (c) of Code Section
47-23-80
shall be considered to be payments made by the member.
Amended by 2005 Ga. Laws 103,§ 39, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 6 - SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS (§§ 47-23-100 — 47-23-110) › Section 47-23-109 - Cessation of retirement allowance for resuming state service; required notification

(a)
Except as provided in subsection (b) of this Code section, if any retired member returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, except as a member of the General Assembly, his or her retirement allowance shall cease. Upon cessation of such service, the retired member, after proper notification to the board, shall receive the same retirement allowance which he or she was receiving prior to returning to state service, calculated with any increases granted during the period of compensation.
(b)
The retirement allowance of a retired member who returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, other than as a member of the General Assembly shall not cease, provided that such member performs no more than 1,040 hours of such service in any calendar year.
(c)
Any state entity that employs a retired plan member, other than for service in the General Assembly as provided in subsection (a) of this Code section, shall within 30 days of the employee's accepting employment notify the board in writing stating the name of the plan member and the number of hours the employee is expected to work annually and shall provide such other information as the board may request. If the retired plan member performs more than 1,040 hours of work in any calendar year, the employer shall so notify the board as soon as such information is available. Any employer that fails to notify the board as required by this subsection shall reimburse the retirement system for any benefits wrongfully paid. It shall be the duty of the retired plan member seeking employment by the employer to notify the employer of his or her retirement status prior to accepting such position. If a retired plan member fails to so notify the employer and the employer becomes liable to the retirement system, the plan member shall hold the employer harmless for all such liability.
Amended by 2013 Ga. Laws 215,§ 2, eff. 7/1/2013.
Amended by 2009 Ga. Laws 275,§ 34, eff. 5/11/2009.
Amended by 2009 Ga. Laws 156,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 6 - SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS (§§ 47-23-100 — 47-23-110) › Section 47-23-110 - Service as a senior judge

Any member retired under this chapter or vested for a benefit under this chapter may serve as a senior judge as provided for in Code Section
15-1-9.2
or Code Section
15-1-9.3
or as otherwise provided by legislation enacted after July 1, 1998, and compensation for such service shall not affect, enhance, 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 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-23-120 — 47-23-124) › Section 47-23-120 - No abridgement of rights under predecessor retirement provisions

This chapter shall not deny or abridge any right, benefit, option, credit, or election to which any person was entitled under a predecessor retirement system on June 30, 1998, and the board of trustees is authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this chapter. All other persons who become members shall be subject to the provisions of this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-23-120 — 47-23-124) › Section 47-23-121 - Exemption from levy and sale, garnishment or attachment

The 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 created by this chapter are exempt from levy and sale, garnishment, attachment, or any other process whatsoever and shall not be assignable, except as otherwise specifically provided in this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-23-120 — 47-23-124) › Section 47-23-122 - Falsification of records; correction of errors; participation in Employees' Retirement System or Superior Court Judges Retirement Fund

(a)
Any person who knowingly makes any false statements or falsifies or permits to be falsified any record or records of the retirement system in an attempt to defraud the retirement system as a result of such an act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00, imprisonment not to exceed 12 months, or both.
(b)
If any change or error in the records results in any member or beneficiary receiving from the fund more or less than he or she would have been entitled to receive had the records been correct, the board shall have the power to correct such error and to adjust the payments, as far as practicable, in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
(c)
No member of this retirement system shall be eligible to make contributions to the Employees' Retirement System of Georgia or to the Superior Court Judges Retirement Fund of Georgia created by Chapter 8 of this title nor shall any such member be eligible for appointment as senior judge pursuant to Chapter 8 of this title.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-23-120 — 47-23-124) › Section 47-23-123 - Participation in Superior Court Judges Retirement Fund, District Attorneys Emeritus, and District Attorneys Retirement Fund

No member of this retirement system shall be eligible to participate in the Superior Court Judges Retirement Fund of Georgia created by Chapter 8 of this title or the District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia created by Chapter 12 of this title.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 23 - GEORGIA JUDICIAL RETIREMENT SYSTEM (§§ 47-23-1 — 47-23-124) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-23-120 — 47-23-124) › Section 47-23-124 - Legislative intent

It is the intention of the General Assembly that except as is expressly provided in an Act approved April 2, 1998 (Ga. L. 1998, p. 513), creating this retirement system, the benefits and conditions precedent to receiving benefits as provided by this chapter shall apply to all covered positions equally, and no legislation shall be enacted modifying or repealing any provision of this chapter which would create a contrary result.
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 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 1 - GENERAL PROVISIONS (§ 47-24-1) › Section 47-24-1 - Definitions

As used in this chapter, the term:
(1)
"Board" means the Board of Trustees of the Employees' Retirement System of Georgia.
(2)
"Creditable service" means prior service, membership service, and other service for which credit is allowed toward retirement under this chapter.
(3)
"Date of establishment" means July 1, 2002.
(4)
"Employer" means the State of Georgia.
(5)
"Fund" means the Georgia Military Pension Fund.
(6)
"Member" means any person included in the membership of the fund.
(7)
"Membership service" means service as a member of the fund.
(8)
"Prior service" means service rendered prior to July 1, 2002, as a member of the Georgia National Guard.
(9)
"Retirement allowance" means monthly payments for life pursuant to Code Section
47-24-101
.
Added by 2002 Ga. Laws 931, § 1, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 2 - ADMINISTRATION AND MANAGEMENT (§§ 47-24-20 — 47-24-24) › Section 47-24-20 - Creation; administration; power and privileges

(a)
A pension fund is created and placed under the administration of the Board of Trustees of the Employees' Retirement System of Georgia to provide retirement allowances and other benefits for members of the Georgia National Guard. The pension fund shall begin operation as of July 1, 2002.
(b)
The fund shall have the power and privileges of a corporation and shall be known as the Georgia Military Pension Fund. By such name all of its business shall be transacted, all of its funds shall be invested, and all of its cash, securities, and other property shall be held.
Added by 2002 Ga. Laws 931, § 1, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 2 - ADMINISTRATION AND MANAGEMENT (§§ 47-24-20 — 47-24-24) › Section 47-24-21 - Executive secretary

There is created an office to be known as the executive secretary of the Georgia Military Pension Fund. The director of the Employees' Retirement System of Georgia shall serve as executive secretary of this fund.
Added by 2002 Ga. Laws 931, § 1, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 2 - ADMINISTRATION AND MANAGEMENT (§§ 47-24-20 — 47-24-24) › Section 47-24-22 - Administration and operation of fund; actuarial and other services; technical adviser; actuarial investigation; rate of interest; rules and regulations; records; payment of employees and expenses

(a)
The general administration and responsibility for the proper operation of the fund and for putting this chapter into effect are vested in the board.
(b)
The board shall engage such actuarial and other services as shall be required to transact the business of the fund.
(c)
The board shall designate an actuary who shall be the technical adviser of the board on matters regarding the operation of the fund and shall perform such other duties as are required in connection therewith.
(d)
At least once in each five-year period following the date of establishment, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members of the fund and shall make a valuation of the contingent assets and liabilities of the fund. The board, after taking into account the results of such investigation and valuation, shall adopt for the fund such mortality, service, and other tables as shall be deemed necessary.
(e)
On the basis of regular interest and tables adopted by the board, the actuary shall make valuations of the contingent assets and liabilities of the fund at least once every three years.
(f)
The board shall keep in convenient form such data as shall be necessary for the actuarial valuations of the contingent assets and liabilities of the fund and for checking the experience of the fund.
(g)
The board shall determine, from time to time, the rate of regular interest for use in all calculations, with the rate of 4 percent per annum applicable unless changed by the board.
(h)
Subject to the limitations of this chapter, the board shall, from time to time, establish rules and regulations for the administration of the fund and for the transaction of business.
(i)
The board shall keep a record of all of its proceedings under this chapter, which record shall be open to the public.
(j)
All persons employed by the board and the expenses of the board shall be paid from funds appropriated by the General Assembly.
Amended by 2003 Ga. Laws 8, § 1, eff. 5/14/2003.
Added by 2002 Ga. Laws 931, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 2 - ADMINISTRATION AND MANAGEMENT (§§ 47-24-20 — 47-24-24) › Section 47-24-23 - Trustees of funds; power to invest funds; conflicts of interest as to investments; custody of funds; vouchers

(a)
The board members shall be the trustees of the funds of the fund; may invest and reinvest such funds; and may hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the moneys of the fund created under this chapter shall have been invested, as well as the proceeds of such investments and any moneys belonging to such fund, all in such manner as funds of the Employees' Retirement System of Georgia are invested and reinvested.
(b)
Except as otherwise provided for in this chapter, no member or person employed by the board shall have a direct interest in the gains or profits of any investment made by the board. No member or employee of the board shall, directly or indirectly, for himself or herself or as an agent, in any manner use the funds of the fund except to make such current and necessary payments as are authorized by the board; nor shall any member or employee of the board become an endorser, surety, or in any manner an obligor for moneys loaned by or borrowed from the fund.
(c)
The board shall be the custodian of the funds of the fund. All payments from such funds shall be made by the board only upon vouchers signed by two persons designated by the board.
Amended by 2003 Ga. Laws 8, § 1, eff. 5/14/2003.
Added by 2002 Ga. Laws 931, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 2 - ADMINISTRATION AND MANAGEMENT (§§ 47-24-20 — 47-24-24) › Section 47-24-24 - Accumulation account

The accumulation account shall be the account in which all reserves for the payment of the part of all retirement allowances and other benefits payable from contributions made by the employer shall be held and from which all retirement allowances payable under the fund and the administrative expenses shall be paid. All interest and dividends earned on the funds of the fund shall be credited to the accumulation account.
Added by 2002 Ga. Laws 931, § 1, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 3 - MEMBERSHIP IN THE FUND (§ 47-24-40) › Section 47-24-40 - Eligibility

All persons who are members of the Georgia National Guard on July 1, 2002, shall become members of the fund as of such date. All other persons shall become members of the fund on first becoming a member of the Georgia National Guard.
Added by 2002 Ga. Laws 931, § 1, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 4 - EMPLOYER CONTRIBUTIONS (§ 47-24-60) › Section 47-24-60 - Employer contributions toward costs determined and approved by board; rules and regulations; contributions irrevocable

The employer contributions toward the cost of the fund shall be as actuarially determined and approved by the board and, in making such determination, the adjutant general of the state shall supply the board with such information at such times and in such manner as the board shall specify by rules and regulations. The amounts determined as the employer contributions shall be certified to the Office of the State Treasurer at such times as the board shall specify by rules and regulations. It shall be the duty of the state treasurer to pay to the board, from funds appropriated or otherwise available to the fund, the amounts certified by the board. All employer contributions shall be irrevocable and may be used only for the exclusive benefit of members.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
Amended by 2010 Ga. Laws 621,§ 2, eff. 7/1/2010.
Added by 2002 Ga. Laws 931, § 1, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 5 - CREDITABLE SERVICE (§§ 47-24-80 — 47-24-82) › Section 47-24-80 - Establishing creditable service

The creditable service of a member shall include all established creditable prior service, service as a member of the Georgia National Guard since he or she became a member of the fund, and such other service as may be allowed as creditable service pursuant to this article.
Added by 2002 Ga. Laws 931, § 1, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 5 - CREDITABLE SERVICE (§§ 47-24-80 — 47-24-82) › Section 47-24-81 - [See Note] Transfer of service credits (§ 47-24-81) › 1

In addition to the creditable service allowed pursuant to Code Section
47-24-80
, any member shall receive creditable service for any past service as a member of the United States Army, Army Reserve, Army National Guard, Navy, Navy Reserve, Marine Corps, Air Force, Air Force Reserve, Air National Guard, or Coast Guard if such service meets the same requirement for creditable time served as set forth for nonregular service retirement under Chapter 67 of Title 10 of the United States Code.
Amended by 2003 Ga. Laws 8, § 1, eff. 5/14/2003.
Added by 2002 Ga. Laws 931, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 5 - CREDITABLE SERVICE (§§ 47-24-80 — 47-24-82) › Section 47-24-81 - [See Note] Transfer of service credits (§ 47-24-81) › 2

In addition to the creditable service allowed pursuant to Code Section
47-24-80
, any member shall receive creditable service for any past service as a member of the United States Army, Army Reserve, Army National Guard, Navy, Navy Reserve, Marine Corps, Marine Corps Reserve, Air Force, Air Force Reserve, Space Force, Air National Guard, or Coast Guard if such service meets the same requirement for creditable time served as set forth for nonregular service retirement under Chapter 67 of Title 10 of the United States Code.
Amended by 2024 Ga. Laws 391,§ 3, eff. 7/1/2024, only if it is determined to have been concurrently funded.
Amended by 2003 Ga. Laws 8, § 1, eff. 5/14/2003.
Added by 2002 Ga. Laws 931, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 5 - CREDITABLE SERVICE (§§ 47-24-80 — 47-24-82) › Section 47-24-82 - Exceptions

(a)
Any provision of this article to the contrary notwithstanding, no service which is used to qualify a member for a retirement or pension benefit based on length of service, age, or physical disability from any of the regular components of the United States armed forces shall be used as creditable service under this pension fund.
(b)
No provision in this chapter shall be construed as to affect or preclude any benefits to which a member may be entitled under any federal or private retirement or pension plan or any retirement or pension fund governed by this title.
Amended by 2003 Ga. Laws 267, § 1, eff. 7/1/2003.
Added by 2002 Ga. Laws 931, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 6 - RETIREMENT (§§ 47-24-100 — 47-24-103) › Section 47-24-100 - Eligibility; effective date and application

(a)
Upon the written application to the board, any member of the fund who:
(1)
Has attained the age of 60 years;
(2)
Has completed 20 or more years of creditable service, at least 15 of which were service as a member of the Georgia National Guard;
(3)
Served at least ten consecutive years as a member of the Georgia National Guard immediately before discharge; provided, however, for purposes of this paragraph, activation of a Georgia National Guard member into any of the regular components of the armed forces shall not constitute a break in service; and
(4)
Has received an honorable discharge from the Georgia National Guard
shall be retired by the board on a retirement allowance and shall thereupon become a beneficiary of the fund.
(b)
The effective date of retirement shall be the first day of the month in which the application is received by the board, provided that no retirement application shall, in any case, be earlier than the first day of the month following the month of the applicant's discharge from the Georgia National Guard. Applications for retirement shall not be accepted more than 90 days in advance of the date of discharge.
Amended by 2006 Ga. Laws 915,§ 5, eff. 7/1/2006.
Amended by 2003 Ga. Laws 267, § 2, eff. 7/1/2003.
Added by 2002 Ga. Laws 931, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 6 - RETIREMENT (§§ 47-24-100 — 47-24-103) › Section 47-24-101 - Retirement allowance - Amount

Upon retirement under subsection (a) of Code Section
47-24-100
, the retired member shall receive a monthly service retirement allowance of $50.00 plus an additional $5.00 per month for each year of creditable service over 20 years, up to a maximum monthly benefit of $100.00.
Added by 2002 Ga. Laws 931, § 1, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 6 - RETIREMENT (§§ 47-24-100 — 47-24-103) › Section 47-24-102 - Retirement allowance - Monthly payments; cease after death

All retirement allowances shall be paid in monthly payments and shall cease in the month in which the death of the member occurs.
Added by 2002 Ga. Laws 931, § 1, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 6 - RETIREMENT (§§ 47-24-100 — 47-24-103) › Section 47-24-103 - Returning to service; recalculation of retirement allowance after cessation

If any retired member returns to the service of the Georgia National Guard, his or her retirement allowance shall cease. Upon cessation of such service, the retired member, after proper notification to the board, shall receive a retirement allowance calculated according to the number of years of creditable service the member has accumulated at the end of such return to service.
Added by 2002 Ga. Laws 931, § 1, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 24 - GEORGIA MILITARY PENSION FUND (§§ 47-24-1 — 47-24-122) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-24-120 — 47-24-122) › Section 47-24-120 - Penalty for falsification of records

Any person who knowingly makes any false statements or falsifies or permits to be falsified any records of the fund in any attempt to defraud the fund, as a result of such an act, shall be guilty of a misdemeanor and, on conviction, shall be punished by a fine not to exceed $500.00, imprisonment not to exceed 12 months, or both.
Added by 2002 Ga. Laws 931, § 1, eff. 7/1/2002.
See 2002 Ga. Laws 931, § 2.