reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 3 - TEACHERS RETIREMENT SYSTEM OF GEORGIA (§§ 47-3-1 — 47-3-142) › Article 7 - RETIREMENT ALLOWANCES, DISABILITY BENEFITS, AND SPOUSES' BENEFITS (§§ 47-3-120 — 47-3-130) › Section 47-3-129 - Rights when retire before 60 with ten years of service or 20 years before 1954; reestablishment of credits earned before that retirement

(a)
Any other provisions of this chapter to the contrary notwithstanding, the right to the service retirement benefit under this chapter shall vest in a member who withdraws from service prior to attaining 60 years of age, provided that he has completed at least ten years of creditable service and has not withdrawn his contributions. Such member shall, upon filing an application as provided in this chapter, become entitled to service retirement benefit upon his attainment of the age of 60 or at his option at any date subsequent thereto. The service retirement benefit of any such member shall be as set forth in this chapter, based on the total credits accrued at the date of his withdrawal from service; or, if such member should die before filing such application, the maximum benefits payable shall be limited to the member's accumulated contributions at the time of his withdrawal from service; and nothing in this chapter shall be construed as providing for any benefits prior to attaining age 60, other than a return of the contributions in case of death. Any other provisions of this chapter to the contrary notwithstanding, this Code section shall inure retroactively to the benefit of all members who completed at least 20 years' creditable service prior to January 1, 1954, and who have not withdrawn their contributions.
(b)
If a member returns to active service in the public schools or the University System of Georgia for one year or more prior to age 60, he may reestablish such credits that he had at the time he withdrew from active service and such credits in which he had a vested right to a service retirement benefit under this Code section by paying a fee of 25 percent of his last annual salary prior to freezing his credits or the applicable accrued regular interest on his annuity account from the date of freezing to date of payment, whichever is greater.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 3 - TEACHERS RETIREMENT SYSTEM OF GEORGIA (§§ 47-3-1 — 47-3-142) › Article 7 - RETIREMENT ALLOWANCES, DISABILITY BENEFITS, AND SPOUSES' BENEFITS (§§ 47-3-120 — 47-3-130) › Section 47-3-130 - Commencement of benefits under this retirement system; retirement after January 1, 1943, but before the commencement date

No member shall retire or receive benefits under this retirement system prior to the commencement date; but any person eligible for service retirement or disability benefits after January 1, 1943, and prior to the commencement date shall be entitled to the benefits provided by this chapter, even though he is not a teacher on the commencement date.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 3 - TEACHERS RETIREMENT SYSTEM OF GEORGIA (§§ 47-3-1 — 47-3-142) › Article 8 - MISCELLANEOUS PROVISIONS (§§ 47-3-140 — 47-3-142) › Section 47-3-140 - Application of other state funded pension or retirement benefits to members and beneficiaries of this retirement system

Except as specifically provided in this chapter, no other provision of law which provides wholly or partly at the expense of this state for pensions or retirement benefits for teachers in the state, their surviving spouses, or their dependents shall apply to members or beneficiaries of this retirement system, their surviving spouses, or their dependents, provided that nothing in this chapter shall prevent the governing boards of the public school systems of the state and the Board of Regents of the University System of Georgia from making provision for supplementing the retirement and pension allowances of members of the retirement system.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 3 - TEACHERS RETIREMENT SYSTEM OF GEORGIA (§§ 47-3-1 — 47-3-142) › Article 8 - MISCELLANEOUS PROVISIONS (§§ 47-3-140 — 47-3-142) › Section 47-3-141 - Attempts to defraud the retirement system by means of false statements or falsified records; adjustment of erroneous payments

(a)
Any person who knowingly makes any false statements or falsifies or permits to be falsified any records of the retirement system in any attempt to defraud the retirement system, as a result of such act, shall be guilty of a misdemeanor and on conviction shall be punished by a fine not exceeding $500.00, imprisonment not exceeding 12 months, or both.
(b)
If any change or error in the records of the retirement system results in any member or beneficiary receiving from the retirement system more or less than he would have been entitled to receive had the records been correct, the board of trustees 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.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 3 - TEACHERS RETIREMENT SYSTEM OF GEORGIA (§§ 47-3-1 — 47-3-142) › Article 8 - MISCELLANEOUS PROVISIONS (§§ 47-3-140 — 47-3-142) › Section 47-3-142 - Rights and benefits of persons convicted of murder, voluntary manslaughter, or conspiracy to commit either upon a member or retiree

No person who commits or conspires to commit the murder or voluntary manslaughter of a member or retiree shall receive any refund of contributions or retirement benefits under this chapter upon the death of the member or retiree, even though the person so killing or conspiring is the named beneficiary for such refund of contributions or retirement benefits. A plea of guilty or a judicial finding of guilt, not reversed or otherwise set aside as to any of such crimes, shall be prima-facie evidence of guilt in determining rights under this chapter. All right, interest, and entitlement to any such refund of contributions or retirement benefits shall go to the secondary beneficiary designated by the member or retiree, if the secondary beneficiary is living, upon the death of the member or retiree, otherwise to the member's or retiree's estate.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 1 - GENERAL PROVISIONS (§§ 47-4-1 — 47-4-2) › Section 47-4-1 - Short title

This chapter shall be known and may be cited as the "Public School Employees Retirement System Act."
Amended by 2005 Ga. Laws 103,§ 16, eff. 7/1/2005.
2005 Ga. Laws 103,§ 16, eff. 7/1/2005 purported to amend this section. That amendment has instead been made by the editors to Section 47-4-2.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM (§§ 47-4-20 — 47-4-30) › Section 47-4-20 - Creation and administration of the retirement system; corporate powers and privileges; rights in actions; name under which retirement system business shall be transacted

There is created a retirement system which shall be placed under the management and control of the board for the purposes of providing retirement benefits and other benefits under this chapter for public school employees. It shall be a budget unit of the state government and shall have the power and privileges of a corporation and the right to bring and defend actions and to implead and be impleaded. It shall be known as the "Public School Employees Retirement System," and 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.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM (§§ 47-4-20 — 47-4-30) › Section 47-4-21 - Creation and administration of the retirement fund

There is created the Public School Employees Retirement Fund, which shall be administered by the board.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM (§§ 47-4-20 — 47-4-30) › Section 47-4-22 - Membership of the board; expenses and per diem; quorum for the transaction of business; chairman, secretary, and treasurer of the board

(a)
The board shall be composed of all members of the Board of Trustees of the Employees' Retirement System of Georgia and two additional members appointed by the Governor. The first two members appointed by the Governor shall be appointed to take office on July 1, 1984. One of such members shall be appointed for an initial term of two years and the other for an initial term of four years and until their successors are appointed and qualified. Thereafter, successors shall be appointed to take office on the date of the expiration of the respective terms of office for terms of four years and until their successors are appointed and qualified. In the event of a vacancy for any reason in the membership of the board appointed by the Governor, the Governor shall appoint a person to fill the vacancy for the unexpired term.
(b)
The members of the board shall each receive $20.00 per day for each day of attending meetings of the board or for any committee meetings called pursuant to authorization of the board and for time spent in necessary travel. The trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the board. State officials serving on the board shall receive no per diem but shall be entitled to reimbursement for actual expenses incurred by them in carrying out their duties under this chapter.
(c)
Six members at any meeting of the board shall constitute a quorum to transact business. Each member shall be entitled to one vote and five votes shall be necessary for a decision by the board.
(d)
The chairman, secretary, and treasurer of the board shall be the same as the chairman, director, and treasurer of the Board of Trustees of the Employees' Retirement System of Georgia.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM (§§ 47-4-20 — 47-4-30) › Section 47-4-23 - Exemption of members of the board from liability for their acts, omissions, and conduct; indemnification of members of the board

The members of the board, and each of them, shall be free from all liability, joint or several, for their acts, omissions, and conduct and for the acts, omissions, and conduct of their duly constituted agents in the administration of the retirement system and the fund. The state shall indemnify and save them, and each of them, harmless from the effects and consequences of their acts, omissions, and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own willful misconduct.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM (§§ 47-4-20 — 47-4-30) › Section 47-4-24 - Legal adviser of the board

The Attorney General shall be the legal adviser of the board.
Amended by 2010 Ga. Laws 681,§ 65, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM (§§ 47-4-20 — 47-4-30) › Section 47-4-25 - Powers and duties of the board

(a)
The board is given the following powers and duties:
(1)
To provide for the collection of all money provided for in this chapter;
(2)
To provide for the payment of all administrative expenses;
(3)
To hear and decide all applications for retirement benefits under this chapter;
(4)
To provide for the payment of all retirement benefits that may be determined to be due under the rules and regulations adopted by the board;
(5)
To make and promulgate all necessary rules and regulations not inconsistent with the laws of this state in order to carry out this chapter;
(6)
To determine eligibility of persons to receive retirement benefits under this chapter;
(7)
To make provisions for refunds or repayments to persons who may be entitled to receive them; and
(8)
To keep records of all its meetings.
(b)
The board shall also have all other powers necessary for the proper administration of this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM (§§ 47-4-20 — 47-4-30) › Section 47-4-26 - Power of board over funds; special account for deposit of funds and payment of benefits and expenses; investment powers; power to employ agents

(a)
The board shall be the trustees of the funds and shall have control of the funds provided for in this chapter and all funds received by the board shall be deposited in a special account to the credit of the Public School Employees Retirement Fund. The benefits under this chapter and all administrative expenses shall be paid from this special account. The board shall have authority to expend the funds in accordance with this chapter.
(b)
The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the "Public Retirement Systems Investment Authority Law." Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund.
(c)
The board is authorized to employ agents, including, but not limited to, banks or trust departments thereof, and to contract with such agents for their services as investment advisers and counselors in making recommendations for investments, and in making investments if the board so authorizes.
Amended by 2010 Ga. Laws 681,§ 65, eff. 7/1/2010.
Amended by 2005 Ga. Laws 103,§ 17, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM (§§ 47-4-20 — 47-4-30) › Section 47-4-27 - Power of board to take, hold, and invest any gift, grant, or bequest

The board may take any gift, grant, or bequest, any money, any real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of the retirement system, in accordance with this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM (§§ 47-4-20 — 47-4-30) › Section 47-4-28 - Duty of board to keep records of accounts in granting benefits and records of the operations of the board; annual financial statement to the General Assembly

The board shall keep permanent records of all its accounts in granting retirement benefits and shall keep proper records and books concerning its operation. Each year at the beginning of the regular session of the General Assembly the board shall present an annual financial statement of the fund.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM (§§ 47-4-20 — 47-4-30) › Section 47-4-29 - Appropriations for employer contributions; creation of an expense fund; payment prior to commencement date of employer contributions and expenses of retirement system

(a)
The General Assembly shall make appropriations to the retirement system sufficient to provide for the employer contributions required by subsection (b) of Code Section
47-4-60
and to otherwise carry out this chapter.
(b)
The board shall establish an expense fund to which shall be credited the funds provided by appropriations of the General Assembly in order 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.
(c)
The appropriations provided for in this Code section may be made by the general or supplemental appropriations Acts adopted by the General Assembly but no employer or employee contributions to the retirement system shall be made prior to the commencement date. Appropriated funds may be expended prior to the commencement date, pursuant to subsection (b) of this Code section, in order to pay the expenses of setting up and beginning operation of the retirement system prior to that date.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM (§§ 47-4-20 — 47-4-30) › Section 47-4-30 - Plan year designated

For purposes of complying with federal Internal Revenue Service rules and regulations, the plan year for this retirement system shall be the 12 month period beginning on July 1 of each year.
Added by 2009 Ga. Laws 275,§ 21, eff. 5/11/2009.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 3 - MEMBERSHIP IN THE RETIREMENT SYSTEM (§§ 47-4-40 — 47-4-41) › Section 47-4-41 - Membership of persons employed by local units of administration which operate local retirement systems

(a)
Any local unit of administration which has a retirement or pension system on January 1, 1970, and which includes as members in such system any or all public school employees may elect to have such employees become members of the retirement system created by this chapter subject to the following conditions:
(1)
Any such local unit of administration must make the election as to whether or not any or all of its public school employees covered by its local retirement or pension system shall become members of the retirement system created by Code Section
47-4-20
, and such election must be made in writing to the board by April 1, 1970; and
(2)
If any such local unit of administration elects to have any or all of its public school employees become members of the retirement system created by Code Section
47-4-20
then, at a time to be specified by the board, such employees shall cease to be members of the local retirement or pension system and shall become members of this retirement system. Upon retirement, all service credited to such employees under the local retirement or pension system shall be creditable service; and such employees shall receive retirement benefits under this chapter. The transfer of any such public school employee from any local retirement or pension system to this retirement system shall not impair or diminish any pension or retirement rights of any such employee existing under the local retirement or pension system at the time of such transfer; and in order to carry out this requirement, the local unit of administration shall pay to the board, in such manner and at such time or times as the board shall specify, an amount which shall be of sufficient actuarial value to secure the pension or retirement rights any such employee had under the local retirement or pension system. Upon retirement, such employee shall receive a retirement benefit equivalent in actuarial value to the retirement or pension benefit which he would have received under the local system, notwithstanding the retirement benefits otherwise set forth in this chapter.
(b)
Any local unit of administration which has such a retirement or pension system shall be responsible for the payment of any retirement or pension benefits payable to any member of the local retirement or pension system who had retired under such local system prior to the commencement date.
(c)
The board is authorized and directed to develop and promulgate rules and regulations to carry out this Code section.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 4 - EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO THE RETIREMENT SYSTEM (§§ 47-4-60 — 47-4-61) › Section 47-4-60 - Amount of contributions; manner of payment

(a)
Each member shall contribute $4.00 monthly as the employee contribution toward the cost of the retirement system; provided, however, that any person first or again becoming a member of this retirement system on or after July 1, 2012, shall contribute $10.00 monthly as the employee contribution. Each local unit of administration shall deduct such amount each month from the compensation of each of its employees who is a member of the retirement system and pay the amounts so deducted to the board. The board shall specify by rules and regulations the time and manner such amounts shall be paid to it.
(b)
The employer contributions toward the cost of the retirement system shall be as actuarially determined and approved by the board; and, in making such determination, each local unit of administration 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 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 retirement system, the amounts so certified by the board. All employer contributions shall be irrevocable and may be used only for the exclusive benefit of members or their beneficiaries.
Amended by 2012 Ga. Laws 763,§ 1, eff. 7/1/2012.
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 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 4 - EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO THE RETIREMENT SYSTEM (§§ 47-4-60 — 47-4-61) › Section 47-4-61 - Date for start of employee contributions

No public school employee shall be obligated to make employee contributions to the retirement system until July 1, 1970, under subsection (a) of Code Section
47-4-29
.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-4-80 — 47-4-81) › Section 47-4-80 - Determination of membership service; prior service credit and prior service certificate; creditable service; credit for membership in Teachers Retirement System

(a)
The board shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one year of membership service, but in no case shall more than one year of service be creditable for all service in one calendar year. In developing rules and regulations to determine how much service in any year is equivalent to one year of membership service, the board shall be guided by the nature of the employment being considered and the number of months, weeks, days, and hours normally worked to carry out the normal duties associated with the employment. Service rendered for a regular school year shall be equivalent to one year of service in any case.
(b)
Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of the membership service rendered by him or her since he last became a member and, if he or she has a prior service certificate in full force and effect, the amount of the service certified on his or her prior service certificate.
(c)
Any person who leaves public school employment at any time after January 1, 1970, to enter military service may return to public school employment at any time within five years after being released from military service and shall receive credit for such active military service upon the payment of employee contributions which would have been paid during his or her absence while in military service, plus the regular interest that would have accrued on such contributions.
(d)
Any member who was a member of the Teachers Retirement System of Georgia because the member held a position which required membership in that retirement system and who, during membership in said teachers retirement system, also held a position as a public school employee for which creditable service under this retirement system has not been obtained shall have the right to obtain credit for such prior service as a public school employee by paying to the board of trustees the employee contributions that would have been paid to this retirement system during the period of such prior service plus regular interest thereon compounded annually from the time the prior service was rendered until the date of payment. Any member wishing to obtain credit for prior service under this subsection shall apply therefor to the board of trustees.
Amended by 2010 Ga. Laws 681,§ 49, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-4-80 — 47-4-81) › Section 47-4-81 - Effect of appropriations on credit for prior service

Any provision of this chapter to the contrary notwithstanding, no credit shall be given any member for prior service until the General Assembly appropriates funds to amortize the prior service liability.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 6 - RETIREMENT, RETIREMENT ALLOWANCES, AND DISABILITY BENEFITS (§§ 47-4-100 — 47-4-106) › Section 47-4-100 - Normal, early, and delayed retirement; vesting of right to a retirement benefit

(a)
The normal retirement date of a member shall be the first day of the month coinciding with or next following the date he or she reaches the age of 65, except that the normal retirement date of a member who is age 64 or over on January 1, 1970, shall be January 1, 1971. A member shall retire on his or her normal retirement date except as otherwise provided in subsection (c) of this Code section.
(b)
The early retirement date of a member shall be the first day of the month coinciding with or next following the date he or she attains the age of 60. A member may elect to retire at his or her early retirement date and receive the retirement benefit provided by subsection (d) of Code Section
47-4-101
.
(c)
The right to a retirement benefit under this chapter shall vest in a member who has ten or more years of creditable service if the member has not withdrawn the member's contributions. 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. A member shall be 100 percent vested in all benefits under the plan upon attainment of normal retirement age. Upon attaining the member's normal retirement age or the member's early retirement age, the member shall begin receiving the appropriate retirement benefit provided by Code Section
47-4-101
.
Amended by 2010 Ga. Laws 681,§ 50, eff. 7/1/2010.
Amended by 2009 Ga. Laws 275,§ 22, eff. 5/11/2009.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 6 - RETIREMENT, RETIREMENT ALLOWANCES, AND DISABILITY BENEFITS (§§ 47-4-100 — 47-4-106) › Section 47-4-102 - Optional retirement benefits

(a)
At any time prior to his retirement a member may elect or may revoke a previous election and make a new election to have his retirement benefit payable under one of the options set forth in subsections (c) and (d) of this Code section in lieu of the lifetime income he is otherwise entitled to receive. The benefit shall be paid in accordance with the terms of such option elected. Election of any option shall be made by the member in writing and shall be subject to approval by the board.
(b)
The amount of any optional retirement benefit set forth in this Code section shall be the actuarial equivalent of the amount of benefit that would otherwise be payable to the member under Code Section
47-4-101
.
(c)
Option A, the joint and survivor option, shall consist of a decreased retirement benefit which shall be payable to the member for life and shall continue after his death to the surviving joint annuitant in the same amount or in such smaller amount as he may designate. The election of this option shall be null and void if either the member or his joint annuitant dies before his normal retirement date.
(d)
Option B, the period certain and life option, shall consist of a decreased retirement benefit commencing on the date of retirement and payable on the first day of each month during the lifetime of the member, provided that if the member dies prior to having received the elected number of guaranteed monthly retirement payments, such remaining guaranteed payments shall continue to his designated beneficiary.
(e)
Any other provisions of this Code section or of this chapter to the contrary notwithstanding, the board of trustees may, by rule or regulation, require that when a member or a retired member dies and the beneficiary is a person other than the surviving spouse of the member, the benefits payable to the beneficiary shall be paid to the beneficiary within a definite time period immediately following the death of the member or retired member.
(f)
(1)
As used in this subsection, the term "retired member" means a person retired under this chapter who was unmarried at the time of his or her retirement.
(2)
In the event a retired member marries subsequent to his or her retirement, the retired member may elect to begin receiving an actuarially reduced benefit of equivalent value and establish on behalf of the spouse Option A or B. Such election must be made by December 31, 1998, or within six months after the date of marriage, whichever date is later.
(3)
This subsection applies to retired members who retired at any time prior to July 1, 1998, as well as to those who retire on or after that date.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 6 - RETIREMENT, RETIREMENT ALLOWANCES, AND DISABILITY BENEFITS (§§ 47-4-100 — 47-4-106) › Section 47-4-103 - Disability retirement benefits; determination of disability

Any member who obtains a minimum of 15 years of creditable service and who becomes totally and permanently disabled to the extent that he is unable to perform the duties of his employment shall be entitled to receive a disability retirement benefit equal to the full retirement benefit under subsection (b) of Code Section
47-4-101
which benefit shall be based on the number of years of service at the time he became disabled. 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 under the Employees' Retirement System of Georgia. Disability retirement benefits shall become payable within 30 days after such disability is determined by the board.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 6 - RETIREMENT, RETIREMENT ALLOWANCES, AND DISABILITY BENEFITS (§§ 47-4-100 — 47-4-106) › Section 47-4-104 - Benefits payable upon the death of a member; refunds to members whose employment has been terminated

(a)
If a member dies prior to his normal retirement date, his beneficiary shall receive a lump sum refund of his accumulated contributions made under the retirement system to the member's date of death, unless the member retired before his normal retirement date, in which event the refund of contributions shall be reduced by the amount of retirement benefits paid prior to the member's death.
(b)
If a member who has not elected an optional form of payment under Code Section
47-4-102
, dies on or after his normal retirement date but prior to receiving benefits totaling his accumulated contributions to his retirement date, a death benefit shall be payable in a lump sum to the beneficiary of the member. The amount of such death benefit shall be the difference between total benefits actually paid to the member and his accumulated contributions.
(c)
If a member who has elected an optional form of payment under Code Section
47-4-102
dies on or after his normal retirement date but prior to his actual retirement, a death benefit will be payable as provided for by the option elected, determined as if the member had retired on the day preceding the date of his death.
(d)
If a member who has elected an optional form of payment under Code Section
47-4-102
dies subsequent to actual retirement, a death benefit shall be payable as provided for by the option elected.
(e)
If the employment of a member is terminated either voluntarily or involuntarily at any time prior to his normal retirement date, he shall be entitled to a refund of his accumulated contributions to the date of his termination. Any such terminated member who withdraws his accumulated contributions and who is subsequently reemployed as a public school employee shall be entitled to reestablish the service credited to him at the time of his termination after he has been continuously reemployed for a minimum of two years. In order to reestablish such service, the reemployed member must pay to the board the amount withdrawn from the fund at the time of his previous termination, plus regular interest on such amount from the date of such withdrawal to the date such payment is made to the board.
(f)
If a member at least 60 years of age and having at least ten years of creditable service dies before retirement, the member's designated beneficiary shall receive for life the lesser retirement benefit which would be payable under Option A. As used in this subsection, the term "beneficiary" shall not include the estate of the member, notwithstanding the provisions of paragraph (3) of Code Section
47-4-2
.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 6 - RETIREMENT, RETIREMENT ALLOWANCES, AND DISABILITY BENEFITS (§§ 47-4-100 — 47-4-106) › Section 47-4-105 - Postretirement benefit adjustments

The board is authorized to grant postretirement benefit adjustments from time to time for the purpose of maintaining essentially no less purchasing power for persons receiving benefits pursuant to the provisions of this chapter. Granting postretirement benefit adjustments shall be based on the following factors:
(1)
The recommendations of the actuary for the retirement system;
(2)
Maintaining the actuarial soundness of the retirement system;
(3)
Appropriations by the General Assembly if appropriations are made for the purpose of granting such postretirement benefit adjustments; and
(4)
Such other factors as the board finds relevant.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 6 - RETIREMENT, RETIREMENT ALLOWANCES, AND DISABILITY BENEFITS (§§ 47-4-100 — 47-4-106) › Section 47-4-106 - Return to public service of retired member

(a)
If any retired member who has not yet reached normal retirement age returns to service as a public school employee in any position which normally requires membership in this retirement system, such member's retirement benefit shall cease and the retired member shall reestablish active membership in this retirement system. The member shall have the same creditable service which the member possessed at the time of retirement and shall accumulate additional creditable service so long as such active membership continues. Upon cessation of such service, or upon attainment of normal retirement age and cessation of contributions, the retired member, after proper notification to the board, shall receive a retirement benefit based on the member's total accrued service reduced by any amount already received prior to reemployment.
(b)
If any retired member who has reached normal retirement age returns to service as a public school employee in any position that would normally require membership in this retirement system, such member shall have the option to:
(1)
Contribute to the system, in which event the member's retirement benefit shall cease and the retired member shall reestablish active membership in this retirement system. The member shall have the same creditable service which the member possessed at the time of retirement and shall accumulate additional creditable service so long as such active membership continues. Upon cessation of such service, the retired member, after proper notification to the board, shall receive a retirement benefit based on the member's total accrued service reduced by any amounts already received; or
(2)
Not contribute to the system, in which event the member's retirement benefit shall not cease, and no additional benefits will accrue.
(c)
Any employer which employs a retired member shall within 30 days of the employee's accepting employment notify the board of trustees in writing stating the name of the member and, if the retired member is age 65 or older, shall provide in writing from the retired member his or her election either to discontinue benefits and resume contributions, or to continue receiving retirement benefits and accrue no additional credits under the retirement system. Any employer which fails to notify the board of trustees as required by this subsection shall reimburse the retirement system for any benefits wrongfully paid. It shall be the duty of the retired member seeking employment by the employer to notify the employer of his or her retirement status prior to accepting such position. If a retired member fails to so notify the employer and the employer becomes liable to the retirement system, the member shall hold the employer harmless for all such liability.
Amended by 2010 Ga. Laws 457,§ 11, eff. 5/24/2010.
Added by 2009 Ga. Laws 275,§ 23, eff. 5/11/2009.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-4-120 — 47-4-121) › Section 47-4-120 - Exemption of rights and benefits from state and local taxes and from legal process; restriction on assignability

The right to a retirement benefit, return of contributions, any optional benefit, or any other right accrued or accruing to any person under this chapter shall be exempt from any state, county, or municipal tax, except as provided in Code Section
48-7-27
; exempt from levy and sale, garnishment, attachment, or any other process whatsoever; and unassignable, except as otherwise specifically provided for in this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 4 - PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM (§§ 47-4-1 — 47-4-121) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-4-120 — 47-4-121) › Section 47-4-121 - Attempts to defraud the retirement system by means of false statements or falsified records; adjustment of erroneous payments

(a)
Any person who knowingly makes any false statements or falsifies or permits to be falsified any records of the retirement system in any attempt to defraud the retirement system, as a result of such act, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding 12 months or both.
(b)
If any change or error in the records results in any member or beneficiary receiving from the retirement system more or less than he 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 and in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 5 - GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM (§§ 47-5-1 — 47-5-72) › Article 1 - GENERAL PROVISIONS (§§ 47-5-1 — 47-5-2) › Section 47-5-1 - Legislative intent; construction of this chapter

(a)
It is declared to be the intent of the General Assembly to provide a method whereby the municipal corporations and certain other entities of this state may, in the discretion of their respective governing bodies, provide retirement and other benefits to their employees through a common administrative and investment system. Such a system based on joint participation will permit municipal corporations and other entities, regardless of size, to provide certain benefits to their employees, will reduce overall administrative costs which might be prohibitive if undertaken individually, will make possible better investment opportunities, and through a provision for continuity of service will provide added security for professional employees who transfer from one municipal corporation or other entity to another in the state. Creation of such a retirement system is considered to be in the public interest in order to attract and retain better qualified personnel in local governmental service and to provide greater personal security to local governmental employees in their old age.
(b)
It is intended that this chapter be liberally construed to effectuate this intent.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 5 - GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM (§§ 47-5-1 — 47-5-72) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE BENEFIT SYSTEM (§§ 47-5-20 — 47-5-30) › Section 47-5-20 - Creation of board of trustees

There is created a public corporation of this state to be known as "The Board of Trustees of the Georgia Municipal Employees Benefit System (GMEBS)." Said corporation shall be the successor to the Joint Municipal Employees Retirement System (JMERS) and it is the intent of this chapter that all rights, duties, and obligations of JMERS are assigned to and are assumed by the new system. The creation of GMEBS shall not increase, diminish, grant, destroy, impair, alter, or otherwise affect any pension, retirement benefit or allowance, survivors benefit, membership or right to membership, creditable service or right thereto, prior service or right thereto, or any option, election, or right of any kind created pursuant to a contract or ordinance or resolution with the Joint Municipal Employees Retirement System in existence on July 1, 1984. The GMEBS board shall have and be vested with, as a minimum, the same rights, powers, duties, privileges, and authority of any board of a municipal employee benefit program to which the GMEBS board serves as a successor board.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 5 - GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM (§§ 47-5-1 — 47-5-72) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE BENEFIT SYSTEM (§§ 47-5-20 — 47-5-30) › Section 47-5-21 - Membership of board

(a)
The board of trustees shall consist of 15 members. To be eligible for membership on the board of trustees, a person must be a citizen of this state. Members of the board of trustees shall be eligible to succeed themselves but shall not serve more than three consecutive full terms.
(b)
Except for the term of the initial board, trustees shall be employees or elected or appointed officers of a member employer. Ten trustees shall be elected officers of a municipal corporation. Five trustees shall be employees or appointed officers of a municipal corporation. The initial trustees whose terms shall begin upon appointment and end as follows shall be:
(1)
Mayor Hobby Stripling of Vienna, Georgia, for a term ending June 30, 1985;
(2)
Mayor Ernest Whaley of Clarkston, Georgia, for a term ending June 30, 1985;
(3)
Mayor Tracy Stallings of Carrollton, Georgia, for a term ending June 30, 1985;
(4)
Mayor Willis Wombles of Wrightsville, Georgia, for a term ending June 30, 1985;
(5)
City Administrator Robert Schwartz, Garden City, Georgia, for a term ending June 30, 1985;
(6)
Councilman Clyde Kinnett of East Point, Georgia, for a term ending June 30, 1986;
(7)
Mayor Cecil Evans of Tifton, Georgia, for a term ending June 30, 1986;
(8)
Mayor J. I. Youngblood of Ashburn, Georgia, for a term ending June 30, 1986;
(9)
City Manager Wilbur Avera of Thomaston, Georgia, for a term ending June 30, 1986;
(10)
City Manager James Calvin of Toccoa, Georgia, for a term ending June 30, 1986;
(11)
Mayor J. C. Woods of Trion, Georgia, for a term ending June 30, 1987;
(12)
Mayor Robert Knox, Jr., of Thomson, Georgia, for a term ending June 30, 1987;
(13)
Mayor Lillian Webb of Norcross, Georgia, for a term ending June 30, 1987;
(14)
City Clerk Thomas McMinn of Warner Robins, Georgia, for a term ending June 30, 1987; and
(15)
City Manager Alex Howell of Fairburn, Georgia, for a term ending June 30, 1987.
(c)
As the initial terms for which appointments have been made expire, future such members shall be chosen in accordance with the bylaws of the board of trustees. Upon the expiration of the initial terms of the trustees as provided in subsection (b) of this Code section, should any of the trustees cease to be an employee or an elected or appointed officer of a municipal corporation, the trustee shall no longer be eligible to serve on the board of trustees, and the position shall be deemed to be vacant. Vacancies shall be filled as provided in the bylaws of the board of trustees.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 5 - GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM (§§ 47-5-1 — 47-5-72) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE BENEFIT SYSTEM (§§ 47-5-20 — 47-5-30) › Section 47-5-22 - Officers of the board of trustees; election; merger of offices of secretary and treasurer; compensation of the secretary and treasurer; treasurer's performance bond

At its first meeting following July 1 in each year, the board of trustees shall elect a chairman, secretary, treasurer, and such other officers as provided in the bylaws of the board. The secretary and the treasurer need not be members of the board; and such offices may, in the discretion of the board of trustees, be combined in one person. The secretary and the treasurer, whether or not members of the board of trustees, may receive such compensation as may be fixed by the board of trustees for the performance of their duties. The treasurer shall give good and sufficient bond in such amount as is required by the board of trustees, and the premium on such bond shall be paid from the administrative funds of the board.