reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-16-20 — 47-16-29) › Section 47-16-20 - Creation of the fund and the board of commissioners

There is created a retirement fund, to be known as the "Sheriffs' Retirement Fund of Georgia," and a board to administer this fund, to be known as the "Board of Commissioners of the Sheriffs' Retirement Fund of Georgia."
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-16-20 — 47-16-29) › Section 47-16-22 - Quorum for conduct of business by the board; records of meetings of the board

(a)
Three members of the board shall constitute a quorum for the conduct of business by the board.
(b)
The board shall keep records of all its meetings.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-16-20 — 47-16-29) › Section 47-16-23 - Compensation and expenses of members of the board

All members of the board shall serve without pay but shall be reimbursed for actual expenses incurred in attending meetings and performing the duties required of them as members of the board.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-16-20 — 47-16-29) › Section 47-16-24 - Creation of the office of secretary-treasurer; periodic reports of moneys in hand, receipts, and expenditures; performance bond

(a)
There is created the office of secretary-treasurer of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, who shall be elected and appointed by the board and shall serve at its pleasure. His compensation shall be fixed by the board. He shall have such power and authority and shall perform such duties and services as the board may direct.
(b)
The secretary-treasurer shall make quarterly reports to the board showing the total amount of moneys in his hands at the time such report is made and also showing a full accounting of receipts and expenditures since his last quarterly report.
(c)
The secretary-treasurer shall give a good and sufficient surety bond in an amount to be determined by the board. The bond shall be made payable to the board and shall be contingent upon the proper and faithful performance of his duties as secretary-treasurer.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-16-20 — 47-16-29) › Section 47-16-25 - Powers and duties of the board generally

(a)
The board shall have the power and duty to:
(1)
Provide for the collection of all moneys;
(2)
Provide for the payment of all administrative expenses;
(3)
Hear and decide all applications for retirement benefits under this chapter;
(4)
Provide for the payment of all retirement benefits that may be determined to be due under this chapter and lawful rules and regulations as adopted by the board;
(5)
Make all necessary rules and regulations not inconsistent with law for the operation of the fund;
(6)
Determine and fix rules of eligibility for retirement benefits under this chapter; and
(7)
Provide for refunds and repayments to persons who may be entitled to receive them.
(b)
The board shall have all other powers necessary for the proper administration of the fund.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-16-20 — 47-16-29) › Section 47-16-26 - Power of board to control, invest, and expend funds; gifts, grants, or bequests; deposit of funds received by the board; payment of benefits and administrative expenses

(a)
The board shall have control over the funds provided for in this chapter, authority to expend such funds in accordance with this chapter, and authority to invest the funds subject to all terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the "Public Retirement Systems Investment Authority Law."
(b)
The board may take, by gift, grant, or bequest, any money, real or personal property, or any other things of value and may hold, invest, sell, or otherwise dispose of the same for the uses and purposes of the fund in accordance with this chapter.
(c)
All funds received by the board shall be deposited in a special account to the credit of the board.
(d)
Benefits under this chapter and all administrative expenses shall be paid from such funds.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-16-20 — 47-16-29) › Section 47-16-27 - Duty of board to keep records of accounts and operations; presentation of annual financial statement to Georgia Sheriffs' Association

(a)
The board shall keep accurate permanent records of all persons who qualify to participate in the fund and shall keep accurate permanent records of all its accounts in granting retirement benefits and of all payments, disbursements, and investments. It shall also keep proper detailed records of all its acts and operations.
(b)
The board shall present each year at the annual convention of the Georgia Sheriffs' Association a financial statement of the fund for the preceding year.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-16-20 — 47-16-29) › Section 47-16-28 - Duty of state auditor to make an annual audit and report of the operations of the board; right of state auditor to audit the affairs of the board; contents of annual report

The state auditor is authorized and directed to make an annual audit of the operations of the board and to make a complete report of that audit to the General Assembly. The state auditor shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the board and all expenditures made by it, including administrative expenses and payments of benefits. The state auditor shall also have the right, in his or her discretion, to audit the affairs of the board at any time, and he or she may also audit the affairs of the board at any time, upon request of a majority of the members of the board.
Amended by 2005 Ga. Laws 333,§ 35, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 2 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-16-20 — 47-16-29) › Section 47-16-29 - Increases in maximum monthly benefit payable under Article 6 of this chapter

(a)
Subject to the terms and limitations of this Code section, the board of commissioners is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 6 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon:
(1)
The recommendation of the actuary of the board of commissioners;
(2)
The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section
47-20-10
or such higher standards as may be adopted by the board; and
(3)
Such other factors as the board deems relevant.
Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of commissioners shall determine.
(b)
An initial increase may be granted pursuant to subsection (a) of this Code section to become effective on July 1, 1993, not to exceed 3 percent of the maximum monthly retirement benefit then in effect. Thereafter, such increases may be authorized effective as of January 1 and July 1 of each year; provided, however, that no such increase shall exceed 1 1/2 percent of the maximum monthly retirement benefit then in effect.
(c)
No increase shall be made pursuant to subsection (a) of this Code section to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Section
47-16-101
.
Amended by 2010 Ga. Laws 681,§ 66, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 3 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-16-40 — 47-16-44) › Section 47-16-40 - [See Note] Application for membership in the fund; contents of application; claim for credit for prior service (§ 47-16-40) › 1

In order to become a member of the Sheriffs' Retirement Fund of Georgia, an applicant must meet the following requirements:
(1)
He must be a duly qualified and commissioned sheriff of a county of the State of Georgia, serving as sheriff of the superior court of that county at the time he files his application;
(2)
He must file his application for membership with the secretary-treasurer within one year from the date he begins service as a sheriff or within the time limits set forth in Code Section
47-16-41
;
(3)
He must set out in the application for membership his correct date of birth;
(4)
He must list in his application for membership all periods of prior service, including credit under Code Section
47-16-80
for services in the armed forces of the United States or as a peace officer, for which service he intends to ask credit as basis for his future retirement, or shall forever be barred from claiming credit for services not so listed;
(5)
The member must tender with the application, within 12 months from the date of that application, or at such other time as the board may provide, a sum equal to the total of $37.50 per month for credit claimed by the member under paragraph (4) of this Code section for past service from and including January 1, 1961, to the date of application; or if such amount is not paid by the due date, the member shall be conclusively deemed to have waived his or her claim or right for credit for such period of time; or
(6)
He must also furnish to the board such other information and proof of pertinent facts set out in the application for membership or relative to it as may be required by the board; and failure to do so shall constitute grounds for denial of the application for membership by the board.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 3 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-16-40 — 47-16-44) › Section 47-16-40 - [See Note] Application for membership in the fund; contents of application; claim for credit for prior service (§ 47-16-40) › 2

In order to become a member of the Sheriffs' Retirement Fund of Georgia, an applicant must meet the following requirements:
(1)
He or she must be a duly qualified and commissioned sheriff of a county of the State of Georgia, serving as sheriff of the superior court of that county at the time he or she files his or her application;
(2)
He or she must file his or her application for membership with the secretary-treasurer within one year from the date he or she begins service as a sheriff or within the time limits set forth in Code Section
47-16-41
;
(3)
He or she must set out in the application for membership his or her correct date of birth;
(4)
He or she must list in his or her application for membership all periods of prior service, including credit under Code Section
47-16-80
for services in the armed forces of the United States or as a peace officer, for which service he or she intends to ask credit as basis for his or her future retirement, or shall forever be barred from claiming credit for services not so listed;
(5)
The member must tender with the application, within 12 months from the date of that application, or at such other time as the board may provide, a sum equal to the total of $65.00 per month for credit claimed by the member under paragraph (4) of this Code section for past service from and including January 1, 1961, to the date of application; or if such amount is not paid by the due date, the member shall be conclusively deemed to have waived his or her claim or right for credit for such period of time; or
(6)
He or she must also furnish to the board such other information and proof of pertinent facts set out in the application for membership or relative to it as may be required by the board; and failure to do so shall constitute grounds for denial of the application for membership by the board.
Amended by 2024 Ga. Laws 569,§ 1, eff. 7/1/2024. only if it is determined to have been concurrently funded.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 3 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-16-40 — 47-16-44) › Section 47-16-41 - Delayed application for membership in the fund; credit for prior service as a sheriff, member of the armed forces of the United States, or peace officer

(a)
Any duly qualified and commissioned sheriff who would be eligible to become a member but for the provisions of paragraph (2) of Code Section
47-16-40
shall be permitted to become a member if he files his application with the secretary-treasurer of the board between June 1, 1969, and June 30, 1969, or within 30 days following the beginning of such sheriff's new elective or appointive term.
(b)
Any sheriff who has served as a sheriff of a county of this state at any time since 1960 and who has not been a member of the fund may become a member by means of either of the following procedures:
(1)
He may claim credit for all prior service as a sheriff by tendering payment of all amounts which he would have paid had he been a member of the fund, together with interest on such amounts at 8 percent per annum and such reasonable penalty as may be imposed by the board; or
(2)
He may waive credit for prior service as a sheriff and be credited for service beginning on the first day of the elective or appointive term in which his application is submitted to and accepted by the board.
In no event shall any sheriff who joins the fund under this subsection or subsection (a) of this Code section be permitted to claim credit for prior service as a peace officer, except sheriff, or member of any of the armed forces of the United States under Code Section
47-16-80
.
(c)
Any currently serving sheriff who was previously a member of the fund but who subsequently ceased to be a sheriff and withdrew from the fund may, upon again becoming a sheriff, become a member of the fund by submitting an application to the secretary-treasurer of the board between July 1, 1994, and December 31, 1994. After December 31, 1994, any person who was previously a member of the fund and subsequently ceased to be a sheriff and withdrew from the fund may become a member of the fund by submitting an application to the secretary-treasurer of the board within one year from the date he or she again becomes a sheriff. No sheriff who joins the fund pursuant to this subsection shall be entitled to claim credit for prior service as a sheriff, a peace officer, or a member of the armed services.
Amended by 2010 Ga. Laws 681,§ 64, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 3 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-16-40 — 47-16-44) › Section 47-16-42 - Effect of membership or participation in other retirement programs on membership and benefits under this chapter

Membership in this retirement fund shall not be affected by membership or participation in any other fund or retirement system. There shall be no reduction in benefits predicated solely upon eligibility of the member to benefits from another independent source of retirement or pension. The benefits under this chapter are to be in addition to any other retirement benefits. There shall be no reduction in benefits otherwise payable to any member under any other state or quasi-state sponsored or sanctioned fund or retirement system because of membership and participation in this retirement fund.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 3 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-16-40 — 47-16-44) › Section 47-16-43 - [See Note] Requirements for continued active membership in the fund (§ 47-16-43) › 1

In order to retain active membership in the fund, each member must:
(1)
Continue serving as a sheriff;
(2)
Pay to the secretary-treasurer membership dues of $45.00 per month. Such payment shall be due on or before the tenth day of the following month until the member has made such payments for a total of 30 years; and
(3)
Comply with all other mandatory provisions of this chapter and all rules and regulations promulgated by the board.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 3 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-16-40 — 47-16-44) › Section 47-16-43 - [See Note] Requirements for continued active membership in the fund (§ 47-16-43) › 2

In order to retain active membership in the fund, each member must:
(1)
Continue serving as a sheriff;
(2)
Pay to the secretary-treasurer membership dues of $65.00 per month. Such payment shall be due on or before the tenth day of the following month until the member has made such payments for a total of 30 years; and
(3)
Comply with all other mandatory provisions of this chapter and all rules and regulations promulgated by the board.
Amended by 2024 Ga. Laws 569,§ 2, eff. 7/1/2024. only if it is determined to have been concurrently funded.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 3 - MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND (§§ 47-16-40 — 47-16-44) › Section 47-16-44 - Removal from active membership roll; requirements for reinstatement to active membership; claim for credit for service during period of inactive membership

(a)
If a member fails to comply with the requirements of Code Section
47-16-43
for any reason, the board shall remove him from the active membership roll and place him on the inactive or dormant roll. During such time as he may be on the inactive or dormant roll, he shall receive no credit for service as a basis for his retirement unless and until he is reinstated as an active member.
(b)
If the removal was occasioned by noncompliance with paragraph (1) of Code Section
47-16-43
, the member may be reinstated to the active membership roll upon again becoming a sheriff and filing his application for reinstatement within 12 months from the date he again becomes a sheriff. In his application for reinstatement, he may also list and claim credit for any time he may have served in the armed forces of the United States or as a peace officer during such inactive or dormant membership period, provided that such claim otherwise meets the requirements and limitations of Code Section
47-16-80
. The time of filing this application and claim for credit and the payment of dues in order to receive credit for services performed during such inactive or dormant period of membership shall be governed by paragraphs (2), (4), and (5) of Code Section
47-16-40
, respectively.
(c)
If the removal is occasioned by noncompliance with paragraph (2) of Code Section
47-16-43
, upon filing an application for reinstatement to the active membership roll within 12 months from the date of first default and payment of all dues then in default, together with interest on such amounts at 8 percent per annum from the date of such default to the date of payment and such reasonable penalty as may be imposed by the board, the member may be reinstated to the active membership roll and credited for such service. The member may elect to be reinstated to active membership in the fund without credit for prior service, in which case he will not be required to pay dues in default or interest thereon. In such case, he shall receive credit for service from the first day of the term in which his application for reinstatement is submitted to and approved by the board. Application for reinstatement under this subsection shall be accepted by the board only if it is filed by the member between June 1, 1969, and June 30, 1969, or within 30 days following the beginning of his new elective or appointive term.
(d)
If the removal is occasioned by noncompliance with paragraph (3) of Code Section
47-16-43
, the member may be reinstated to the active roll upon compliance with such reasonable rules and regulations as may be provided by the board.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 4 - REVENUES COLLECTED FROM FINES, FORFEITURES, AND FEES (§§ 47-16-60 — 47-16-61) › Section 47-16-60 - Payments to fund from fines and bonds collected in criminal and quasi-criminal cases; duty of collecting authority to record and remit; penalty for late payment

(a)
The sum of $2.00 shall be allocated to the board from each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state law, including traffic laws, which case is before any court of this state in which a sheriff of a superior court or a duly authorized deputy of such sheriff acts as sheriff to such court by virtue of his office, provided that such fine or bond, which shall be construed to include costs, is at least $5.00. The clerk or other collecting authority for the court in which the fine or bond is collected shall pay such amounts to the secretary-treasurer each quarter or at such other times as the board may provide. These sums shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture, provided that this shall not be construed to repeal any existing priorities established under the laws of this state. It shall be the duty of the clerk or other collecting authority for each court to keep accurate records of the amounts due to the board and to remit the amounts due promptly. Such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used only for the purposes provided for in this chapter.
(b)
If the person or authority whose duty it is to collect and remit moneys to the secretary-treasurer under subsection (a) of this Code section shall fail to remit such moneys within 60 days of the date on which such remittal is due, such moneys shall be delinquent; and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the moneys continue to be delinquent, provided that such penalty shall not exceed a total of 25 percent of the principal due. In addition to such penalty, interest shall be charged on the delinquent moneys at the rate of 6 percent per annum from the date such moneys become delinquent until they are paid. All moneys due on or before May 1, 1968, and not paid shall be delinquent after the expiration of 60 days from that date. By affirmative vote of all the members, the board, upon the payment of the delinquent moneys together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-16-80 — 47-16-84) › Section 47-16-80 - Credit for prior service in the armed forces of the United States or as a peace officer

In addition to listing and claiming credit for prior services as a sheriff under paragraph (4) of Code Section
47-16-40
, the applicant may elect to list and claim credit for service in the armed forces of the United States, not to exceed four years, and service as a peace officer other than as a sheriff, not to exceed four years, provided that he was employed during such period as a peace officer by the state, a municipality, or any other political subdivision of this state and was required by the terms of such employment, whether by election or appointment, to devote his full time to the duties of a peace officer. Upon approval or acceptance of such claims by the board, the applicant shall be credited with such service as a basis for future contemplated retirement, provided that credit for such service shall be available only if the applicant shall have served as a sheriff for a minimum of eight years subsequent to December 31, 1960, and subsequent to periods of service for which credit under this Code section is claimed; provided, further, that amounts due under paragraph (5) of Code Section
47-16-40
have been paid for such periods.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-16-80 — 47-16-84) › Section 47-16-81 - Credit for prior service as sheriff, member of armed forces of United States, or peace officer; notice; amendment of application

(a)
Any other provisions of this chapter to the contrary notwithstanding, any active member who has previously waived his claim for credit for any prior service as a sheriff, member of the armed forces of the United States, or peace officer, by his failure to comply with paragraph (2), (4), or (5) of Code Section
47-16-40
or by his failure to list such prior service in his application for membership, shall be entitled, as of May 1, 1980, to claim credit for any such prior service in accordance with this chapter and subsections (b) through (d) of this Code section.
(b)
Any such member shall give written notice to the secretary-treasurer of his claim for credit for such prior service, together with an amendment to his application for membership, in such form as may be approved by the board. The amendment shall list all such periods of prior service for which he intends to claim credit as a basis for his future retirement. The notice and amendment shall be filed prior to July 31, 1980, or within the first 30 days of any new term of office of such member.
(c)
At the time such member gives written notification to the secretary-treasurer, such member must also tender payment of all amounts due under paragraph (5) of Code Section
47-16-40
for the prior service listed in the amendment to his application for membership, together with interest on such amounts at 8 percent per annum from the date of acceptance of his original application for membership.
(d)
Upon approval or acceptance of the amendment by the board and receipt of such member's payment of the amount with interest due under subsection (c) of this Code section, he shall be credited with his claimed prior service as a sheriff, member of the armed forces of the United States, or as a peace officer as a basis for his future retirement.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-16-80 — 47-16-84) › Section 47-16-82 - Credit for prior service as a warden of a county correctional institution

Any member who has served as a sheriff for at least 12 years and who served as a warden of a county correctional institution for at least ten years prior to his service as a sheriff may, upon application to the board, receive four years of prior service credit for such service as a warden.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-16-80 — 47-16-84) › Section 47-16-83 - Payment of dues as prerequisite to credit for service on and after January 1, 1961

No credit for any type of service after and including January 1, 1961, shall be given any member unless regular monthly dues shall have been paid therefor as provided for and required by this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-16-80 — 47-16-84) › Section 47-16-84 - Members appointed to fill anticipated vacancies in office of sheriff prior to becoming members

(a)
Anything in this chapter to the contrary notwithstanding, any member who, prior to becoming a member, was appointed to fill an anticipated vacancy in the office of sheriff and who served in that capacity shall be eligible for and, upon application, shall receive service credit for such service.
(b)
Any such member shall give written notice to the secretary-treasurer of his claim for credit for such service, together with an amendment to his application for membership, in such form as may be approved by the board. The amendment shall list all such periods of service for which he intends to claim credit as a basis for his future retirement. The notice and amendment shall be filed prior to August 31, 1992, or within the first 30 days of any new term of office of such member.
(c)
At the time such member gives written notification to the secretary-treasurer, such member must also tender payment of all amounts due under paragraph (5) of Code Section
47-16-40
for the service listed in the amendment to his application for membership, together with interest on such amounts at 8 percent per annum from the date of acceptance of his original membership.
(d)
Service credit granted pursuant to this Code section shall be deemed to be service as a qualified and commissioned sheriff of a county in the State of Georgia for purposes of eligibility for retirement benefits provided in Code Section
47-16-100
; provided, however, that for purposes of such Code section, such service shall be deemed performed after July 1, 1988.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 6 - RETIREMENT BENEFITS AND DEATH BENEFITS (§§ 47-16-100 — 47-16-103) › Section 47-16-100 - Eligibility for retirement benefits

In order for a member to be eligible to receive retirement benefits under this chapter, he must meet the following requirements:
(1)
The member must have served a minimum of at least four years as a qualified and commissioned sheriff of a county in the State of Georgia during which time the member served as sheriff of the superior court of that county after and including January 1, 1961; provided, however, as applied to any person first or again becoming a sheriff and a member on or after July 1, 1988, the member must have served a minimum of at least eight years as a qualified and commissioned sheriff of a county as provided in this paragraph;
(2)
The member must have paid dues as required by this chapter;
(3)
He must have reached the age of 55 years, provided that any member who is otherwise eligible to receive retirement benefits except for his having reached the age of 60 years shall, from and after April 1, 1973, be eligible to receive retirement benefits upon reaching the age of 55 years, even though he may have ceased to hold the office of sheriff;
(4)
He must have terminated his official capacity and service as a sheriff;
(5)
He must have filed and received approval of such application for retirement benefits as may be required by the board. The application shall be filed with the secretary-treasurer within a period of 90 days, or as soon thereafter as possible, after reaching 55 years of age or after termination of his official capacity and service as a sheriff, whichever is the latter date; and
(6)
He must have fully complied with all mandatory provisions of this chapter and rules and regulations adopted by the board.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 6 - RETIREMENT BENEFITS AND DEATH BENEFITS (§§ 47-16-100 — 47-16-103) › Section 47-16-103 - Right to withdraw dues; effect of withdrawal on membership and benefits

(a)
Any member may withdraw the total sum which he has paid into the fund as membership dues at any time before retirement or before he begins to draw retirement benefits. No interest shall be paid on amounts so withdrawn.
(b)
Membership shall cease upon withdrawal of dues under subsection (a) of this Code section. No person who so withdraws his dues shall be eligible to again become a member or to receive any benefits under this chapter, provided that any prior member who, before January 1, 1982, has withdrawn the total sums which he has paid into the fund may be reinstated as a member by meeting the following requirements:
(1)
He may claim credit for all prior service as a sheriff by tendering payment of all dues which he would have paid had he been a member of the fund, together with interest on such amount at 8 percent per annum and such reasonable penalty as may be imposed by the board, provided that in no event shall any sheriff who rejoins the fund under this subsection be permitted to claim credit for any prior service as a peace officer, except sheriff, or as a member of the armed forces of the United States; and
(2)
The application for reinstatement is filed with the secretary-treasurer on or before June 30, 1982.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-16-120 — 47-16-123) › Section 47-16-120 - Vesting of rights to benefits under this chapter

All rights and benefits under this chapter shall be subject to future legislative change or revision, and no beneficiary shall be deemed to have any vested right to any benefits under this chapter, except for the right of withdrawal and payment to the surviving spouse or the member's estate of the difference between amounts paid and benefits received as set forth in Code Sections
47-16-102
and
47-16-103
and except for retirement benefits under Code Section
47-16-101
, after approval of such benefits under Code Section
47-16-100
, provided that benefits deemed vested under this Code section shall be subject to reduction under Code Section
47-16-121
.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-16-120 — 47-16-123) › Section 47-16-121 - Reduction of benefits when available funds are actuarially insufficient; resumption of payments; personal liability of board for such reductions

If the board determines that the funds derived from the sources provided for in this chapter are not actuarially sufficient at any time to enable the board to pay in full each person determined to be entitled to benefits under this chapter and all contingent and other liabilities, then a pro rata percentage of such payments shall be made to each person entitled thereto until the funds are sufficiently replenished to enable the board to resume full payments in accordance with the terms of this chapter. Before resuming such payments in full, all persons who have received reduced payments shall be paid all deficiencies so that they shall have received full payment of their benefits. In no event shall any member of the board be held personally liable to any person for any deficiencies resulting from reduced payments under this Code section.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-16-120 — 47-16-123) › Section 47-16-122 - Exemption of funds from attachment, garnishment, or judgment; assignability

None of the funds under this chapter shall be subject to attachment, garnishment, or judgments rendered against the person entitled to receive such funds. Such funds shall not be assignable, but shall be paid to the person determined to be entitled to receive them under this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 16 - SHERIFFS' RETIREMENT FUND OF GEORGIA (§§ 47-16-1 — 47-16-123) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-16-120 — 47-16-123) › Section 47-16-123 - Exemptions of moneys and rights accruing under this chapter from taxation

The right to any pension, annuity, allowance, or benefit; the right to the return of contributions; a pension, annuity, allowance, or benefit itself; any optional benefit; any other right accrued or accruing to any person under this chapter; and any moneys under this chapter shall be exempt from any tax imposed by this state or any county, municipality, or other political subdivision, except as provided in Code Section
48-7-27
.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 17 - PEACE OFFICERS' ANNUITY AND BENEFIT FUND (§§ 47-17-1 — 47-17-105) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-17-20 — 47-17-27) › Section 47-17-21 - [See Note] Creation of the office of secretary-treasurer; duties and compensation; quarterly report and accounting to the board; performance bond (§ 47-17-21) › 1

(a)
There is created the office of secretary-treasurer of the Peace Officers' Annuity and Benefit Fund. The secretary-treasurer shall be elected by the board and shall serve at its pleasure. His compensation shall be fixed by the board. He shall perform the duties provided for in this chapter and such other duties and services as the board may direct.
(b)
The secretary-treasurer shall give a good and sufficient surety bond in such an amount as may be determined by the board, and such surety bond shall be conditioned upon the proper and faithful performance of his duties as secretary-treasurer.
(c)
The secretary-treasurer shall make quarterly reports to the board showing the total amount of money in his hands at the time of making such report and also showing a full accounting of receipts and expenditures since his last quarterly report.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 17 - PEACE OFFICERS' ANNUITY AND BENEFIT FUND (§§ 47-17-1 — 47-17-105) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-17-20 — 47-17-27) › Section 47-17-21 - [See Note] Creation of the office of secretary-treasurer; duties and compensation; quarterly report and accounting to the board; performance bond (§ 47-17-21) › 2

(a)
There is created the office of executive director of the Peace Officers' Annuity and Benefit Fund. The executive director shall be elected by the board, shall serve at its pleasure, and shall perform the duties provided for in this chapter and such other duties and services as the board may direct. The board shall fix the compensation of the executive director.
(b)
The executive director shall give a good and sufficient surety bond in such an amount as may be determined by the board, and such surety bond shall be conditioned upon the proper and faithful performance of the duties of the executive director.
(c)
Subject to direction and limitations as may be set by the board, the executive director shall be authorized to enter into agreements for the acquisition of goods and services for the fund.
Amended by 2024 Ga. Laws 562,§ 1, eff. 7/1/2024. only if it is determined to have been concurrently funded.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 17 - PEACE OFFICERS' ANNUITY AND BENEFIT FUND (§§ 47-17-1 — 47-17-105) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-17-20 — 47-17-27) › Section 47-17-22 - [See Note] Powers and duties of the board generally (§ 47-17-22) › 1

The board is given the following powers and duties:
(1)
To provide for the collection of all moneys provided for in this chapter;
(2)
To provide for payment of all annuities and benefits under this chapter;
(3)
To provide for and maintain all necessary administrative facilities and personnel;
(4)
To provide for payment of all administrative salaries, fees, and expenses;
(5)
To hear and determine applications for membership in this fund according to the terms of this chapter;
(6)
To hear and determine applications for retirement, disability, and death benefits according to the terms of this chapter;
(7)
To make rules, regulations, and requirements consistent with this chapter for determining eligibility of members for disability, death, and retirement benefits;
(8)
To delegate its authority to invest funds to one or more members of the board;
(9)
To provide for the keeping of minutes and records of all meetings and proceedings of the board, including all rules, regulations, delegations, and requirements passed upon by the board;
(10)
To delegate any and all duties and authorities granted in this Code section to the secretary-treasurer under such conditions as may be deemed proper by the board, provided that the board shall at all times hear and determine any matter arising under this chapter if it so desires, if such matter is referred to it by the secretary-treasurer, or if such matter is appealed to the board by any person affected by a decision made by the secretary-treasurer;
(11)
To exercise such other powers, not inconsistent with this chapter, as are necessary for the proper administration of this chapter; and
(12)
To correct errors in the records of the fund in those instances in which an error results in a member or beneficiary receiving more or less than he or she would have been entitled to receive had the records been correct and to adjust the payments, as far as is practicable, in such a manner that the member or beneficiary is paid the actuarial equivalent of the benefit to which he or she is actually entitled.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 17 - PEACE OFFICERS' ANNUITY AND BENEFIT FUND (§§ 47-17-1 — 47-17-105) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-17-20 — 47-17-27) › Section 47-17-22 - [See Note] Powers and duties of the board generally (§ 47-17-22) › 2

The board is given the following powers and duties:
(1)
To provide for the collection of all moneys provided for in this chapter;
(2)
To provide for payment of all annuities and benefits under this chapter;
(3)
To provide for and maintain all necessary administrative facilities and personnel;
(4)
To provide for payment of all administrative salaries, fees, and expenses;
(5)
To hear and determine applications for membership in this fund according to the terms of this chapter;
(6)
To hear and determine applications for retirement, disability, and death benefits according to the terms of this chapter;
(7)
To make rules, regulations, and requirements consistent with this chapter for determining eligibility of members for disability, death, and retirement benefits;
(8)
To bring and defend actions;
(9)
To delegate its authority to invest funds to one or more members of the board;
(10)
To provide for the keeping of minutes and records of all meetings and proceedings of the board, including all rules, regulations, delegations, and requirements passed upon by the board;
(11)
To delegate any and all duties and authorities granted in this Code section to the executive director under such conditions as may be deemed proper by the board, provided that the board shall at all times hear and determine any matter arising under this chapter if it so desires, if such matter is referred to it by the executive director, or if such matter is appealed to the board by any person affected by a decision made by the executive director;
(12)
To exercise such other powers, not inconsistent with this chapter, as are necessary for the proper administration of this chapter;
(13)
To contract with other public retirement funds, and any department, agency, or authority of the state or municipality or county, for the provision of administrative services and investment of assets; and
(14)
To correct errors in the records of the fund in those instances in which an error results in a member or beneficiary receiving more or less than they would have been entitled to receive had the records been correct and to adjust the payments, as far as is practicable, in such a manner that the member or beneficiary is paid the actuarial equivalent of the benefit to which they are actually entitled.
Amended by 2024 Ga. Laws 562,§ 1, eff. 7/1/2024. only if it is determined to have been concurrently funded.
This section is set out more than once due to postponed, multiple, or conflicting amendments.