reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 3 - EMPLOYEE AND EMPLOYER CONTRIBUTIONS AND CREATION OF FUNDS FOR CONTRIBUTIONS, BENEFITS, AND ADMINISTRATIVE EXPENSES (§§ 47-2-50 — 47-2-60) › Section 47-2-59 - Effective date of chapter; effect of budget appropriations on obligation of state agency or other employer to make contributions

This chapter shall become effective on February 3, 1949, but neither a state agency nor any other employer or member shall be obligated to make contributions for the pensions and annuities under this chapter until after that agency or other employer has made provision in its annual budget for funds for the contribution of its part of such pensions and annuities.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 3 - EMPLOYEE AND EMPLOYER CONTRIBUTIONS AND CREATION OF FUNDS FOR CONTRIBUTIONS, BENEFITS, AND ADMINISTRATIVE EXPENSES (§§ 47-2-50 — 47-2-60) › Section 47-2-60 - Expense fund; purposes

The expense fund shall be the fund to which shall be credited state or federal funds, or both, to pay the administrative expense of the retirement system and from which shall be paid all expenses incurred in the administration and operation of the retirement system.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 4 - MEMBERSHIP IN THE RETIREMENT SYSTEM (§§ 47-2-70 — 47-2-73) › Section 47-2-70 - Determination of membership; termination of membership

(a)
After January 1, 1950, any person who becomes an employee of any employer which operates under a merit system of personnel administration and which is covered by the retirement system shall become a member of the retirement system as a condition of his or her employment, except as otherwise specifically excluded.
(b)
The membership of any person shall terminate if he or she retires under this retirement system, withdraws his or her contributions, or renders less than one year of service within a period of five consecutive years as a member. No benefit under the retirement system shall accrue to a member's account while he or she is not in service as an employee and no contribution shall be made to the retirement system by the member, the state, or any other employer during any such time.
(c)
The board of trustees may continue the membership of any person while such person is on leave of absence with stipend for professional training when such leave is approved in writing by the employer for which the employee renders service, provided that a member who receives a stipend while on leave for professional training shall make a monthly contribution to the retirement system, which contribution shall be the same basic percentage of his or her salary as an employee as he or she contributed in the last month prior to the effective date of leave. A member shall be considered as being in service while on such leave.
Amended by 2010 Ga. Laws 681,§ 7, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 4 - MEMBERSHIP IN THE RETIREMENT SYSTEM (§§ 47-2-70 — 47-2-73) › Section 47-2-72 - Procedure for electing not to become a member

Any other provision of this article to the contrary notwithstanding, any person who first becomes an employee of an employer at age 60 or later may elect not to become a member of this retirement system. Such election shall be made in writing to the board within 30 days of first becoming an employee of an employer; otherwise, the person shall become a member of this retirement system. The election provided for in this subsection shall be irrevocable.
Amended by 2010 Ga. Laws 681,§ 9, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 4 - MEMBERSHIP IN THE RETIREMENT SYSTEM (§§ 47-2-70 — 47-2-73) › Section 47-2-73 - Election of retirement system by members of Georgia Judicial Retirement System; effect of subsequent legislation

(a)
(1)
Any provision of this chapter or Chapter 23 of this title to the contrary notwithstanding, any member of the Georgia Judicial Retirement System who is vested for a normal retirement benefit and who without a break in service becomes the head of a state department or agency or who is appointed by the Governor to a full-time salaried position on a state board or commission may make a one time irrevocable election to remain a member of the Georgia Judicial Retirement System or to become a member of this retirement system.
(2)
If a person subject to this subsection elects to remain a member of the Georgia Judicial Retirement System, the employer and employee shall make all contributions to such retirement system and perform such other acts as are required by law or regulation.
(3)
This subsection shall be applicable to each person who was a member of the Georgia Judicial Retirement System on July 1, 2000, and to any person who becomes a member after that date. Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees of this retirement system and the Board of Trustees of the Georgia Judicial Retirement System not later than September 30, 2000, or within 60 days after the date he or she became subject to this Code section. Once made, the election is irrevocable.
(4)
Any person subject to this subsection who elects to become a member of this retirement system may have accumulated contributions under the Georgia Judicial Retirement System transferred to this retirement system. The Board of Trustees of the Georgia Judicial Retirement System shall pay to the board of trustees of this retirement system all employer and employee contributions made by or on behalf of the member, together with regular interest. The member shall be granted only so much creditable service as such amount will warrant without creating any accrued actuarial unfunded liability as to this retirement system; provided, however, that such service credits shall not be used in determining the qualifications of a member for benefits other than vested rights or disability, death, or normal service retirement allowances.
(b)
The provisions of this Code section shall not become a part of the employment contract and shall be subject to subsequent legislation; provided, however, that no person who has made the election provided by this Code section shall be affected by any subsequent legislation.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS (§§ 47-2-90 — 47-2-101) › Section 47-2-90 - Rules and regulations with regard to credit for service; credit for service in the Georgia National Guard, Georgia State Guard, and General Assembly

(a)
The board of trustees shall establish rules and regulations setting forth the amount of service in a year which is equivalent to one year of creditable service.
(b)
In no case shall more than one year of service be creditable for all service in one calendar year.
(c)
One year of creditable service shall be given for each year of service in the Georgia National Guard, Georgia State Guard, or the General Assembly, provided that no credit shall be given for such service unless the individual was a member of the retirement system at that time; provided, further, that no more than five years of creditable service may be so obtained.
Amended by 2010 Ga. Laws 681,§ 10, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS (§§ 47-2-90 — 47-2-101) › Section 47-2-92 - Reestablishment of service credit after withdrawal of accumulated contributions from this retirement system or the Teachers Retirement System of Georgia; payments required to obtain credit

Any present member who has withdrawn accumulated contributions from either the Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia, or both, may, after two years of service as a contributing member, reestablish the creditable service for which the member would have been eligible if the accumulated contributions had not been withdrawn, provided that the member repays into the retirement system an amount equal to the amount withdrawn, together with regular interest at the rate of 4 1/4 percent per annum from the date of withdrawal to the date of repayment, which contributions and interest shall be placed in the participant's individual account in the annuity savings fund. Upon receipt of notice from this retirement system to the Teachers Retirement System of Georgia that a member has repaid to this retirement system contributions previously withdrawn from the Teachers Retirement System of Georgia, the Teachers Retirement System of Georgia shall pay an employer contribution plus regular interest into the Employees' Retirement System of Georgia. The amount of the employer contribution shall be 6 percent of the reported compensation of the member during membership in the Teachers Retirement System of Georgia.
Amended by 2009 Ga. Laws 275,§ 16, eff. 5/11/2009.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS (§§ 47-2-90 — 47-2-101) › Section 47-2-93 - Credit for service rendered after December 31, 1953, by persons who were not members at the time; payments required to obtain credit

Any other provisions of this law to the contrary notwithstanding, any member of this retirement system who received compensation from the state for services rendered by him after December 31, 1953, but who did not become a member until a later date, may receive credit for any service rendered after December 31, 1953, and before the date he became a member of this retirement system by paying the employee contributions that would have been paid by him if he had been a member during that time. No such credit shall be given except for full-time state employment. The board of trustees is authorized to promulgate rules and regulations necessary to carry out this Code section.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS (§§ 47-2-90 — 47-2-101) › Section 47-2-94 - Service credit provided for persons whose membership was terminated for failure to render at least one year of service in a five-year period

Any current member whose membership has previously been terminated because that member rendered less than one year of service in a period of five consecutive years and who has never withdrawn the contributions he or she made during such previous membership shall receive credit, after one year of active service as a contributing member, for the creditable service accumulated under the previous membership.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS (§§ 47-2-90 — 47-2-101) › Section 47-2-95 - [Repealed] Credit for service during World War I, World War II, or the Korean Conflict; credit for service in the Georgia National Guard or the Georgia State Guard

Repealed and reserved by 2010 Ga. Laws 681,§ 11, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS (§§ 47-2-90 — 47-2-101) › Section 47-2-96 - Prior service credit; payments required to obtain credit

(a)
Any member of this retirement system who was previously an active member of the Georgia Judicial Retirement System and who has not withdrawn his or her employee contributions from such retirement system 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.
(b)
Upon receipt of the notice provided for in subsection (a) of this Code section, the Board of Trustees of the Georgia Judicial Retirement System 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. The member is authorized, but not required, to pay such additional amount to the board of trustees as the member desires.
(c)
If a member of this retirement system has withdrawn his or her employee contributions from the Georgia Judicial Retirement System, he or she may obtain creditable service in this retirement system as provided in subsection (d) of this Code section by paying to the board of trustees of this retirement system such amount as the member desires.
(d)
Upon receipt of the funds provided for in subsection (b) or (c) 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 shall warrant without creating any accrued liability as to this retirement system; provided, however, that no member shall be granted creditable service in excess of the service to which he or she was credited under the Georgia Judicial Retirement System.
Added by 2014 Ga. Laws 497,§ 1, eff. 7/1/2014.
Repealed and reserved by 2010 Ga. Laws 681,§ 12, eff. 7/1/2010.
Amended by 2002 Ga. Laws 950, § 2, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS (§§ 47-2-90 — 47-2-101) › Section 47-2-96.1 - [Repealed] Creditable service for temporary full-time employment by legislative branch

Repealed by 2010 Ga. Laws 681,§ 13, eff. 7/1/2010.
Amended by 2006 Ga. Laws 580,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS (§§ 47-2-90 — 47-2-101) › Section 47-2-96.2 - [Repealed] Creditable service for uncredited full-time service with executive branch

Repealed by 2010 Ga. Laws 681,§ 14, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS (§§ 47-2-90 — 47-2-101) › Section 47-2-97 - [Repealed] Applicability of creditable service under Code Section 47-2-93 or subsection (b)

Repealed and reserved by 2010 Ga. Laws 681,§ 15, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS (§§ 47-2-90 — 47-2-101) › Section 47-2-98 - Creditable service for member who was officer or employee of Georgia Housing and Finance Authority

(a)
As used in this Code section, the term:
(1)
"Authority" means the Georgia Housing and Finance Authority established by Chapter 26 of Title 50.
(2)
"Proof of prior employment" means pay records, income tax withholding records, or other records of the authority which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an officer or employee of the authority.
(b)
(1)
Any member of this retirement system who became a member on or after July 1, 1995, and who, immediately prior to becoming a member, was an officer or employee of the authority shall, upon furnishing proof of prior employment to the board of trustees and subject to the provisions of paragraph (2) of this subsection, be eligible to receive creditable service under this retirement system for such prior service.
(2)
A member subject to this Code section shall have the option to transfer all or a portion of his or her vested interest in the pension plan maintained by the authority prior to the date he or she became a member of this retirement system to satisfy all or a portion of the cost to receive creditable service allowed pursuant to paragraph (1) of this subsection. Any funds transferred pursuant to such option shall be credited to the officer's or employee's annuity account established by the retirement system. The member shall be authorized, but not required, to supplement such amount so transferred. The member shall receive such creditable service as the combination of funds so transferred or paid would warrant without creating any additional accrued liability of the retirement system, up to the maximum amount of creditable service allowed by paragraph (1) of this subsection.
Amended by 2005 Ga. Laws 116,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS (§§ 47-2-90 — 47-2-101) › Section 47-2-99 - Applicability of creditable service under Code Section 47-2-334 and Chapter 22 of this title; obtaining service and application for creditable service

(a)
Any member of the retirement system, including a member subject to the provisions of Code Section
47-2-334
, who was, at any time prior to becoming a member, employed by an employer as a temporary full-time employee, may obtain up to 12 months of creditable service for such service as a temporary full-time employee under the conditions contained in this Code section; provided, however, to the extent that such employment was covered under Chapter 22 of this title, relating to the Georgia Defined Contribution Plan, the provisions of Code Section
47-2-101
shall apply.
(b)
Any person desiring to obtain the creditable service authorized by subsection (a) of this Code section shall make application in such manner as the board of trustees deems proper; tender to the board of trustees such proof of the prior employment as the board shall deem necessary; and pay to the board of trustees the employer and employee contributions as would have been paid if the member had been a member at the time of performing such prior service, together with regular interest thereon compounded annually to the date of payment.
(c)
Application for creditable service authorized by subsection (a) of this Code section must be received by the board of trustees not later than June 30, 2001, or 24 months after the member becomes a member of the retirement system, whichever date is later.
Amended by 2020 Ga. Laws 386,§ 1, 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".
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS (§§ 47-2-90 — 47-2-101) › Section 47-2-100 - Additional creditable service

(a)
Any member of this retirement system may obtain up to an additional three years of creditable service as provided in this Code section. In order to obtain such additional creditable service, the member must:
(1)
Make application to the board of trustees in such manner as the board deems appropriate. Such application and payment must be made in conjunction with and simultaneously with the member's application for retirement. If the application for retirement is withdrawn or denied, the application to purchase creditable service shall be void; and
(2)
Pay to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting the creditable service as provided in this Code section.
(b)
Upon receipt of an application for additional creditable service, the board of trustees shall certify to the applicant the amount of the payment required by paragraph (2) of subsection (a) of this Code section.
(c)
No creditable service obtained pursuant to this Code section shall be used to calculate the amount of creditable service required to qualify for a benefit under subsection (a) of Code Section
47-2-110
or Code Section
47-2-122
.
Added by 2004 Ga. Laws 538, § 1, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 6 - RETIREMENT AND ELIGIBILITY FOR A RETIREMENT ALLOWANCE (§§ 47-2-110 — 47-2-112) › Section 47-2-111 - Persons eligible to retire at age 55

Any other provision of this chapter to the contrary notwithstanding, any member employed by the Uniform Division of the Department of Public Safety as an officer, a noncommissioned officer, or a trooper; by the Georgia Bureau of Investigation as an officer or agent; by the Department of Natural Resources as a game warden; or by the Department of Revenue as an alcohol and tobacco officer or agent or as an officer or agent of the Special Investigations Unit shall be eligible to retire at age 55 if he or she has the minimum number of years of creditable service provided in Code Section
47-2-110
, and upon retirement such member shall be paid not less than the service retirement allowance which would have been payable to such member upon service retirement at age 65 without a change in compensation and with the same number of years' creditable service to which such member is entitled at the time of retirement.
Amended by 2019 Ga. Laws 264,§ 7, eff. 7/1/2019.
Amended by 2010 Ga. Laws 681,§ 17, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 7 - RETIREMENT ALLOWANCES, DISABILITY BENEFITS, SPOUSES' BENEFITS (§§ 47-2-120 — 47-2-130) › Section 47-2-122 - Vesting of rights to a retirement allowance despite early retirement; retirement allowance payable to such persons

Except as 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. The right to a service retirement allowance under this chapter shall vest in any member who withdraws from service with at least ten years of membership service subsequent to January 1, 1954, although the member has not yet attained 60 years of age, provided that the member has not withdrawn the member's contributions. Such member shall become entitled to a service retirement allowance (1) upon filing an application as provided in Code Section
47-2-110
and (2) upon attaining the age of 60 or, at the member's option, at any time subsequent thereto after filing such application. The retirement allowance in the case of any such member shall be the monthly amount the member would have received had the member retired on the last day the member contributed to the retirement system and at that time had been the same age as when the member actually retired. If a member with vested rights dies before reaching age 60, the member's accumulated contributions shall be paid to the member's named living beneficiary, otherwise to the member's estate.
Amended by 2009 Ga. Laws 275,§ 19, eff. 5/11/2009.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 7 - RETIREMENT ALLOWANCES, DISABILITY BENEFITS, SPOUSES' BENEFITS (§§ 47-2-120 — 47-2-130) › Section 47-2-124 - Eligibility for benefits of persons with at least 95 percent of required service credit

Any member who is serving in the year which represents 95 percent of the required time for vesting of benefits under Code Section
47-2-111
or
47-2-122
or of the required time for benefits under subsections (c) through (e) of Code Section
47-2-123
shall be deemed to qualify for the required number of years.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 7 - RETIREMENT ALLOWANCES, DISABILITY BENEFITS, SPOUSES' BENEFITS (§§ 47-2-120 — 47-2-130) › Section 47-2-126 - Restoration to service of disability beneficiary

If a disability beneficiary is restored to service, the retirement allowance of the beneficiary shall cease and the beneficiary shall again become a contributing member of the retirement system. Anything in this chapter to the contrary notwithstanding, any prior service certificate or creditable service which was used to compute such a member's creditable service at the time of retirement shall be restored to full force and effect, and upon the member's subsequent retirement the member shall be credited with all service as a member.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 7 - RETIREMENT ALLOWANCES, DISABILITY BENEFITS, SPOUSES' BENEFITS (§§ 47-2-120 — 47-2-130) › Section 47-2-127 - Applicable ages for computation of benefits; duration of benefits

In the application of Code Sections
47-2-121
,
47-2-123
,
47-2-124
, and subsection (d) of Code Section
47-2-120
to allowances, the monthly benefit of the member, whether dead or in life, or his beneficiary shall be computed as if the member attained age 60 or 65, whichever is applicable, and upon reaching that age applied for a retirement allowance. The monthly benefit so computed shall be payable for the life of the member or pursuant to the terms of the option, if any, selected by the member under Code Section
47-2-121
.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 7 - RETIREMENT ALLOWANCES, DISABILITY BENEFITS, SPOUSES' BENEFITS (§§ 47-2-120 — 47-2-130) › Section 47-2-129 - Group term life insurance protection as part of survivors benefits program

The board of trustees may provide group term life insurance protection for the members of the retirement system as the survivors benefits program provided for in Code Section
47-2-128
by contracting for such service with the State Employees' Assurance Department or any insurance company licensed to operate in Georgia, which company has experience in the underwriting of groups similar in size and type of coverage. Such contract must provide benefits to those persons entitled to benefits under Code Section
47-2-128
. All or any part of funds and other assets previously accumulated for the purposes of Code Section
47-2-128
may be used by the board of trustees in the execution of this contract. Contributions for such coverage shall be provided for and collected as set forth in subsection (d) of Code Section
47-2-128
.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 7 - RETIREMENT ALLOWANCES, DISABILITY BENEFITS, SPOUSES' BENEFITS (§§ 47-2-120 — 47-2-130) › Section 47-2-130 - Refund of accumulated contributions upon termination of employment other than by death or retirement

If a member ceases to be an employee other than by death or by retirement on an allowance under this retirement system, the amount of his accumulated contributions to this retirement system shall be payable to him upon his request. If a member dies before becoming eligible to retire and before completing 15 years of creditable service, the amount of his accumulated contributions shall be paid to the living person, if any, nominated by him by written designation duly executed and filed with the board of trustees, provided that such beneficiary is alive at the member's death. Otherwise, the accumulated contributions shall become part of the member's estate.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 1 - PERSONS EMPLOYED BY THE ARMED FORCES OF THE UNITED STATES AND OTHER FEDERAL AGENCIES (§§ 47-2-140 — 47-2-142) › Section 47-2-140 - Credit for transfer to a federal agency during a national emergency; retransfer to employment under retirement system; termination of federal employment

(a)
Anything in this chapter to the contrary notwithstanding, an employer contribution shall be made on the account of a member who is transferred to a federal agency during a national emergency, provided that the transfer is made pursuant to an official request to the member for his services, together with a request that the employer release the member to perform national emergency services; and provided, further, that termination of the employment with the federal agency is for the purpose of returning to employment under the retirement system or entering the armed forces of the United States. This subsection shall be applicable only if certified copies of the official requests shall be filed with the retirement system at the time of transfer.
(b)
Upon retransfer to employment under the retirement system, the member shall make a lump sum employee contribution through his employer to the retirement system for the period during which he was employed by the federal agency. Both this lump sum contribution and the employer contributions under subsection (a) of this Code section shall be the same as would have been contributed had the member remained in his former position and continued to make the same contributions as were made in the last month before his transfer to the federal agency. The employer contribution shall be paid from the expense fund established under Code Section
47-2-60
.
(c)
Upon retransfer to employment under the retirement system and payment of the employee and employer contributions for the period during which he served in the federal agency, the member shall be treated, for purposes of receiving benefits under this chapter, as if he were employed under the retirement system during such time.
(d)
A member who leaves service with a federal agency under conditions other than those set forth in subsection (a) of this Code section shall upon written request be eligible for refund of contributions made by him up to the time of his transfer. No further employer contributions shall be made on the account of such a member after such termination of service.
(e)
Nothing in this Code section shall be construed as meaning that any individual affected thereby is in service until he returns to employment under the retirement system.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 1 - PERSONS EMPLOYED BY THE ARMED FORCES OF THE UNITED STATES AND OTHER FEDERAL AGENCIES (§§ 47-2-140 — 47-2-142) › Section 47-2-141 - Employer contributions for transfer to federal agency; accumulated pension credits; effect of failure to return to state employment

(a)
Anything in this chapter to the contrary notwithstanding, an employer contribution shall be made to the account of any member who during a national emergency enters or in time of peace is drafted into the armed forces of the United States directly from state employment or from employment in a federal agency after having been transferred to such agency from state employment under Code Section
47-2-140
. The contribution shall be made by the employer for the period during which the member served in the armed forces of the United States and in the same amount as would have been contributed by the employer had the member remained in employment under the retirement system without change in compensation during that period, provided that such contribution shall be made for not more than five years of such period. Such contribution shall be paid into the pension accumulation fund as provided in Code Section
47-2-55
.
(b)
The employer contribution made on the member's account shall entitle him to the accumulated pension credits for such period only if within one year of his discharge he returns to employment under the retirement system or with the federal agency to which he was transferred pursuant to Code Section
47-2-140
. If the member fails to return to such federal or state employment within one year of his discharge, his benefits under the retirement system shall be limited to his accumulated contributions at the time of his original transfer from state employment or entry into the armed forces of the United States, in which case his accumulated contributions shall be refunded to him upon his written request, and no further employer contributions shall be made on his account after such one-year period.
(c)
Nothing in this Code section shall be construed as meaning that any individual affected thereby is in service until such person returns to state employment.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 1 - PERSONS EMPLOYED BY THE ARMED FORCES OF THE UNITED STATES AND OTHER FEDERAL AGENCIES (§§ 47-2-140 — 47-2-142) › Section 47-2-142 - [Repealed] Credit for prior service rendered by persons transferred under loan to a federal agency but ineligible for federal service retirement membership or who served overseas with the Red Cross during World War II

Repealed by 2010 Ga. Laws 681,§ 19, eff. 7/1/2010.
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 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 2 - MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY (§§ 47-2-160 — 47-2-166) › Section 47-2-160 - [Repealed] Inclusion of General Assembly members in retirement system; effect on rights under the Georgia Legislative Retirement System; rules and regulations; amount and financing of contributions

Repealed and reserved by 2010 Ga. Laws 681,§ 20, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 2 - MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY (§§ 47-2-160 — 47-2-166) › Section 47-2-161 - [Repealed] Membership service credit for service as a member of the General Assembly between January 1, 1954, and January 1, 1967

Repealed and reserved by 2010 Ga. Laws 681,§ 21, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 2 - MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY (§§ 47-2-160 — 47-2-166) › Section 47-2-162 - Eligibility of persons who are members of the General Assembly during or after January, 1962, for survivors benefits; contributions for such coverage; right to decline coverage

(a)
Beginning in January, 1962, current and future members of the General Assembly shall make contributions to the retirement system for the limited purpose of providing survivors benefits under Code Sections
47-2-128
and
47-2-129
, provided that any member of the General Assembly may reject such coverage, in which case no contributions shall be made by him or her; provided, further, that the provisions of this Code section shall not apply to any person who becomes or again becomes a member of the General Assembly on or after July 1, 2009.
(b)
If a member accepts such coverage, the legislative fiscal officer is authorized and directed to pay to the board of trustees from funds appropriated for the operation of the General Assembly all accumulated contributions for survivors benefits that would have been paid had members of the General Assembly received survivors benefits coverage when it was originally extended to members of the retirement system.
Amended by 2009 Ga. Laws 94,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 2 - MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY (§§ 47-2-160 — 47-2-166) › Section 47-2-163 - Group term life insurance for members and former members of General Assembly; contributions

Any other provisions of this chapter to the contrary notwithstanding, the board of trustees is authorized by rules or regulations to provide for group term life insurance protection for members and former members of the General Assembly; provided, however, that the provisions of this Code section shall not be applicable to persons who become or again become members of the General Assembly on or after July 1, 2009. The board of trustees may contract for such coverage with the State Employees' Assurance Department pursuant to the provisions of Chapter 19 of this title. The board of trustees shall determine the amount of such coverage and the employee contribution that shall be made for such coverage by the members of the General Assembly. The board of trustees shall also determine the employer contribution necessary for such group term life insurance protection for members of the General Assembly. Such employer contribution shall be paid from funds appropriated or available to the legislative branch of the state government. The employee and employer contributions shall be paid into the survivors benefit fund provided for in subsection (c) of Code Section
47-2-128
.
Amended by 2009 Ga. Laws 94,§ 2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 2 - MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY (§§ 47-2-160 — 47-2-166) › Section 47-2-164 - Membership of employees of the General Assembly; contributions

(a)
Anything in this chapter to the contrary notwithstanding, any employee of the General Assembly who is in a position which normally requires actual performance of duties during the full 12 months of the calendar year, as reflected by the state auditor's report, shall, as a condition of his employment, become a member of the retirement system. Any contributing member who, without a break in service, becomes an employee of the General Assembly shall continue his membership during such employment.
(b)
Contributions from employees of the General Assembly shall be deducted by the legislative fiscal officer and remitted to the board of trustees, together with required employer contributions. The legislative fiscal officer is authorized and directed to pay the employer contribution from the funds appropriated for the operation of the General Assembly.
(c)
This Code section shall become effective on February 13, 1956, so as to apply to the 1956 regular term and all subsequent terms of the General Assembly.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 2 - MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY (§§ 47-2-160 — 47-2-166) › Section 47-2-165 - Effect on retirement allowances of compensation, per diem, allowances, and expenses received as a member of the General Assembly

Anything in this chapter to the contrary notwithstanding, the payment of a member's retirement allowances shall not be suspended because of the compensation, per diem, allowances, and expenses received by him as an elected member of the General Assembly.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 2 - MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY (§§ 47-2-160 — 47-2-166) › Section 47-2-166 - through 47-2-168 - [Repealed]

Repealed by Ga. L. 2010, p. 1207, §§ 22 through 24, effective July 1, 2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 3 - TEACHERS AND MEMBERS OF THE TEACHERS RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-180 — 47-2-182) › Section 47-2-180 - [Repealed] Right to a prior service certificate for service as a teacher in the public schools of Georgia; contents of application for a certificate

Repealed and reserved by 2010 Ga. Laws 681,§ 25, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 3 - TEACHERS AND MEMBERS OF THE TEACHERS RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-180 — 47-2-182) › Section 47-2-182 - Credit for service to certain members of local retirement systems

(a)
As used in this Code section, the term:
(1)
"Local retirement system" means a retirement system maintained by a county or independent school district for the purpose of providing a retirement benefit program for the teachers and other employees of the county or independent school district.
(2)
"Teacher" means a teacher as defined in paragraph (28) of Code Section
47-3-1
.
(b)
Any member who was employed by a county or independent school district as a teacher at any time prior to July 1, 1979, and who was a member of a local retirement system during such employment and who is not and will not become eligible to receive any benefit under the provisions of said local retirement system shall be eligible to obtain creditable service under this retirement system for any part or all of such previous employment as a teacher, subject to the following conditions and requirements:
(1)
The member must pay to the board of trustees employee and employer contributions for the creditable service claimed under this Code section based on the compensation actually received for the teaching service claimed as creditable service;
(2)
The member must pay to the board of trustees regular interest on the amount determined under paragraph (1) of this subsection compounded annually from the time the teaching service was rendered until the time of payment; and
(3)
No creditable service obtained under this Code section shall be used in determining the qualifications of a member to receive benefits under this chapter other than vested rights, death or disability benefits, or normal service retirement allowances.
(c)
Any member wishing to obtain creditable service pursuant to the provisions of this Code section shall apply therefor to the board of trustees in such manner as the board shall require. The board of trustees may require such documentation as may be necessary to verify teaching service and compensation therefor that is claimed as creditable service under this Code section.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 3.1 - TRANSFER OF SERVICE CREDITS FROM PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§ 47-2-190) › Section 47-2-190 - Transfer to Employees' Retirement System of Georgia prohibited

Any member who has service credits with the Public School Employees Retirement System may not have any such service credits transferred to the Employees' Retirement System of Georgia.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 4 - EMPLOYEES OF CERTAIN STATE DEPARTMENTS (§§ 47-2-200 — 47-2-204) › Section 47-2-200 - [Repealed] Membership of heads of state departments or agencies who are constitutional officers; contributions; service credits; retirement allowances; survivors benefits

Repealed and reserved by 2010 Ga. Laws 681,§ 26, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 4 - EMPLOYEES OF CERTAIN STATE DEPARTMENTS (§§ 47-2-200 — 47-2-204) › Section 47-2-201 - [Repealed] Director status inhibiting eligibility for corresponding emeritus positions

Repealed and reserved by 2010 Ga. Laws 681,§ 27, eff. 7/1/2010.
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 2 - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA (§§ 47-2-1 — 47-2-360) › Article 8 - PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES (§§ 47-2-140 — 47-2-327) › Part 4 - EMPLOYEES OF CERTAIN STATE DEPARTMENTS (§§ 47-2-200 — 47-2-204) › Section 47-2-202 - Eligibility for membership of officials and employees of the Department of Audits and Accounts; contributions

The officials and employees of the Department of Audits and Accounts who are subject to the merit system of employment promulgated by the department are authorized to become members of the retirement system; and that department is authorized to pay all required contributions from funds appropriated for the operation of that department. Such payment shall be part of and in addition to the regular compensation allowed to the officials and employees of that department.