reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-7-20 — 47-7-27) › Section 47-7-23 - Powers and duties of the board generally

(a)
The board shall have the following powers and duties:
(1)
To provide for the payment of administrative expenses;
(2)
To rule upon all applications for pensions;
(3)
To provide for the payment of pensions;
(4)
To provide for the collection of all revenue under this chapter;
(5)
To make all necessary rules and regulations not inconsistent with the laws of this state for the governing of this retirement fund;
(6)
To prescribe rules and regulations of eligibility of persons to receive pensions under this chapter;
(7)
To expend funds in accordance with this chapter; and
(8)
To exercise all other powers necessary for the administration of the fund.
(b)
The board shall have the 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 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 for the services of such agents as investment advisers and counselors, in making recommendations for investments, and in making investments, if the board so authorizes.
(d)
The board of trustees may invest, in certified or uncertified form, in securities of any open-end management type investment company or investment trust registered with the Federal Securities and Exchange Commission under the Investment Company Act of 1940, as now or hereafter amended, if such investment company or investment trust has been organized for not less than ten years or has assets of not less than $200 million at the date of investment; provided, however, that the board shall not be authorized to pay any such investment company or investment trust a management fee in excess of 0.05 percent of the funds invested.
Amended by 2010 Ga. Laws 681,§ 65, eff. 7/1/2010.
Amended by 2001 Ga. Laws 289, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-7-20 — 47-7-27) › Section 47-7-24 - Power of the board to accept and use any gift, grant, or bequest

The board may take or receive any gift, grant, or bequest of money, real or personal property, or anything of value and use the same for the purposes set forth in this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-7-20 — 47-7-27) › Section 47-7-25 - Annual audit of the fund

The state auditor is directed to make an annual audit of the fund.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-7-20 — 47-7-27) › Section 47-7-26 - Power of board to determine eligibility for membership or retirement of any volunteer firefighter unable to attend the prescribed number of drills, meetings, and fires

Notwithstanding any provision in this chapter to the contrary, the board is authorized to determine the eligibility for membership in and retirement under the fund of any volunteer firefighter who, for cause beyond his control, is or was unable to attend, during any calendar year, the annual percentage of all drills, meetings, and fires prescribed by the board pursuant to Code Section
47-7-81
.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 2 - ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-7-20 — 47-7-27) › Section 47-7-27 - Power of board to grant retirement benefit increases

(a)
Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Code Section
47-7-100
or
47-7-102
, or both, for persons theretofore or thereafter retiring under such Code sections. Such method shall be based upon:
(1)
The recommendation of the actuary of the board of trustees;
(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 trustees shall determine.
(b)
No increase granted pursuant to subsection (a) of this Code section shall become effective prior to July 1, 1993. Any such increase which becomes effective on July 1, 1993, shall not 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
47-7-100
.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 3 - MEMBERSHIP IN THE FUND (§§ 47-7-40 — 47-7-43) › Section 47-7-40 - Eligibility to apply for membership; transfer of Georgia Class Nine Fire Department Pension Fund

(a)
(1)
Any person employed as a firefighter or enrolled as a volunteer firefighter is eligible to make application to the board for membership in the fund; provided, however, that no person under a sentence of confinement shall be eligible for membership in the fund while he or she is incarcerated.
(2)
Upon becoming a member of the fund, a firefighter or volunteer firefighter shall receive credit only from the date of his or her becoming a member of the fund.
(b)
After April 1, 1989, no person who is a member of the Peace Officers' Annuity and Benefit Fund shall be eligible for membership in the fund by virtue of any employment in or appointment to a position the duties of which qualify such person for membership in the Peace Officers' Annuity and Benefit Fund.
(c)
On and after July 1, 2006, the membership, assets, and administration of the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title shall be transferred to this pension fund, and the Georgia Class Nine Fire Department Pension Fund shall cease to exist as a separate entity. All members so transferred shall receive creditable service for all service credited under such retirement system and shall be entitled to all rights and benefits accorded to members of this retirement system.
(d)
Any person who, on June 30, 2006, was an active member of the fund by virtue of holding a position other than as a firefighter, in accordance with the qualifications for membership in effect on that date, shall be entitled to remain a member of the fund; provided, however, that if such person has a break in such position that qualified him or her for membership on June 30, 2006, or any other eligible employment provided by this Code section, for greater than 30 days, that member shall be deemed a suspended member, and any future membership shall be subject to laws and regulations in effect when that member's application for reinstatement as an active member is approved.
Amended by 2015 Ga. Laws 133,§ 7, eff. 7/1/2015.
Amended by 2014 Ga. Laws 496,§ 1, effective on July 1, 2014, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2014, as required by subsection (a) of Code Section 47-20-50.
Amended by 2006 Ga. Laws 461,§ 5, eff. 7/1/2006.
Amended by 2006 Ga. Laws 460,§ 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 3 - MEMBERSHIP IN THE FUND (§§ 47-7-40 — 47-7-43) › Section 47-7-41 - Effect of withdrawal of contributions or termination of employment; inactive membership; eligibility for reinstatement; credit for time spent on leave of absence and resumption of payments to fund upon reinstatement as active member

(a)
(1)
Any active member who leaves work as a firefighter or volunteer firefighter, and who elects to leave in the fund during such leave from work as a firefighter or voluntary firefighter the dues which the member has theretofore paid, shall, upon application to the board, be entitled to obtain a leave of absence from the fund for a period of not more than two years and shall be deemed an inactive member. An inactive member may apply for additional leaves of absence from the fund every two years. If an inactive member fails to apply for and maintain in effect a leave of absence, the board may treat such failure as an election to withdraw from membership in the fund as provided in subsection (b) of this Code section and Code Section
47-7-105
.
(2)
An inactive member shall, upon application to the board, be entitled to reinstatement as an active member; provided, however, that upon such application, the applicant meets the requirements set forth in Code Section
47-7-40
as a prerequisite to reinstated active membership. Such a reinstated active member shall be entitled to credit for service rendered before obtaining a leave of absence and after reinstatement but shall not be entitled to credit for any period during such leave of absence.
(b)
Any member may at any time elect to withdraw from membership in the fund and upon such withdrawal shall be entitled to a refund of moneys as provided in Code Section
47-7-105
, and such member shall be deemed a withdrawn member. Any withdrawn member shall not thereafter be eligible for membership or benefits except upon reinstatement to active membership in accordance with this subsection. Any withdrawn member may make application to the board for reinstatement as an active member. Upon making such application, the applicant must pay to the fund a reinstatement fee of $100.00. An applicant for reinstatement of membership in the fund as provided in this subsection shall not be entitled to such reinstatement unless at the time of such application the applicant meets the requirements set forth in Code Section
47-7-40
. Upon reinstatement, such reinstated active member shall be entitled to credit for service rendered after reinstatement as an active member but not for service prior to the date of reinstatement. Any such applicant who fails to satisfy the requirements of reinstatement shall not be entitled to reinstatement as an active member.
Amended by 2015 Ga. Laws 133,§ 8, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 3 - MEMBERSHIP IN THE FUND (§§ 47-7-40 — 47-7-43) › Section 47-7-43 - Employees of the fund

Notwithstanding any provision in this chapter to the contrary, each regular employee of the fund shall be eligible to join the fund for the purpose of receiving pension benefits only, in like manner as firefighters and volunteer firefighters.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 4 - FINANCING THE FUND (§§ 47-7-60 — 47-7-61) › Section 47-7-60 - Dues required of active members; effect of failure to pay dues in timely manner; suspended membership

(a)
Each active member shall pay to the fund the sum of $25.00 for each month of service as a firefighter or volunteer firefighter in a fire department. Such monthly payments shall be due on or before the tenth day of each month of service.
(b)
(1)
Any active member who becomes six months in arrears in making such payments shall be deemed a suspended member.
(2)
A suspended member may make application to the board for reinstatement as an active member. As a condition of such reinstatement, the applicant must pay to the fund a reinstatement fee of $100.00. Upon such reinstatement as an active member, such member shall be entitled to credit for service rendered after reinstatement. If such member has not withdrawn the dues he or she paid to the fund prior to becoming a suspended member, then he or she shall be entitled to creditable service for service rendered prior to his or her becoming a suspended member. A suspended member who applies for reinstatement as an active member shall not be entitled to reinstatement unless at the time of such application the applicant meets the requirements set forth in Code Section
47-7-40
.
(c)
If a suspended member who has attained the minimum service credits required for a normal retirement benefit under Code Section
47-7-100
is not reinstated as an active member, then, provided that such member does not withdraw dues paid to the fund, such member shall be entitled to a normal retirement benefit payable under Code Section
47-7-100
. The normal retirement benefit to which such member may thereafter become entitled upon termination of service shall be calculated as of the date of the member's suspension from the fund, using the service credits and age the member had attained on the date of suspension, which shall be deemed to be the youngest age at which early retirement benefits may commence or such greater age as the member has actually attained on that date, and the maximum monthly benefit in effect on such date of becoming a suspended member.
Amended by 2015 Ga. Laws 133,§ 9, eff. 7/1/2015.
Amended by 2013 Ga. Laws 238,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-7-80 — 47-7-90) › Section 47-7-80 - Transfer of service credits from one fire department to another

A firefighter's or volunteer firefighter's length of service may be transferable from one fire department to another by furnishing the board with a proper certificate.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-7-80 — 47-7-90) › Section 47-7-81 - Effect of failure of volunteer fire department to hold required drills; effect of volunteer firefighter's failure to meet attendance requirements

(a)
(1)
The board is authorized to prescribe the minimum monthly and annual number of hours of drills and meetings required to be conducted by a volunteer fire department as a condition to qualification of service by a firefighter or volunteer firefighter with such department for credit toward retirement and other benefits under this chapter.
(2)
Any volunteer fire department which fails to hold at least eight hours of drills and meetings per month for three months in any calendar year or such greater requirements as may be established by the board shall not be classified as a volunteer fire department for such calendar year, and the members of such department shall not be entitled to receive credit for service during such calendar year. Such members shall be entitled to a refund of 95 percent of the dues paid during such period.
(b)
(1)
The board is authorized to prescribe the monthly and annual percentage of attendance at drills, meetings, and fires necessary for volunteer firefighters to receive credit for service toward retirement and other benefits under this chapter and to establish the form of reports required to be filed with the board concerning such matters and the time within which such reports must be filed with the board. In no case shall the annual percentage be set by the board at less than 50 percent of all drills, meetings, and fires in any calendar year.
(2)
Any volunteer firefighter who fails to meet the attendance requirements relative to drills, meetings, and fires in this Code section, or such greater requirement as may be established by the board for the calendar year shall not be granted credit for such year's service; and, in the event the member has paid any dues into the fund for such period, the member shall be entitled to a refund of 95 percent of such dues so paid.
(c)
The board is authorized to prescribe the monthly and annual hourly requirements in conjunction with the Georgia Firefighter Standards and Training Council necessary to receive credit for service toward retirement and other benefits under this chapter and to establish the form of reports required to be filed with the board concerning such matters and the time within which such reports must be filed with the board. In no case shall the average weekly hourly requirement be less than 20 hours per week for any calendar year.
Amended by 2006 Ga. Laws 461,§ 6, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-7-80 — 47-7-90) › Section 47-7-82 - Fire department employees other than firefighters or volunteer firefighters

(a)
No person otherwise properly admitted to the fund shall be excluded from continuing membership therein solely because the member's employment by or service with a fire department is not in the capacity of a firefighter or volunteer firefighter, but no credit shall be given for service rendered in any month by any member of the fund unless such service is rendered as a firefighter or volunteer firefighter and no benefits payable by the terms of this chapter to a firefighter or volunteer firefighter shall be payable to any member unless such member is serving as a firefighter or volunteer firefighter at the time such benefits are earned or become payable, except as otherwise provided in Code Section
47-7-43
. For any period during which any member provides service which is not creditable, the member shall be deemed to be on leave of absence from the fund.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, a member may continue membership and may continue to earn credit for service rendered following the member's appointment to an administrative position with a state, county, or municipal public safety unit, provided that a significant responsibility of such administrative position involves direct administrative oversight of the operation of a fire department under the jurisdiction of such public safety unit; and provided, further, that at the time of such appointment the member has acquired by service as a firefighter not less than 15 years of creditable service in the fund. As used in this subsection, the term "direct administrative oversight" means responsibility in a position having authority over the chief of a fire department for budget, personnel, operations, or purchasing functions relating to the fire-fighting functions of the fire department. Any member who was appointed to such an administrative position prior to July 1, 1992, shall receive credit for service rendered from the date of such appointment if such member pays all dues owing for such period, and the provisions of subsection (b) of Code Section
47-7-60
shall not apply to such period.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-7-80 — 47-7-90) › Section 47-7-83 - Service credit of member who is also member of Peace Officers' Annuity and Benefit Fund

No credit shall be given for service rendered after April 1, 1989, by a member who is also a member of the Peace Officers' Annuity and Benefit Fund if such service is creditable under the Peace Officers' Annuity and Benefit Fund to which such member belongs.
Amended by 2010 Ga. Laws 681,§ 54, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-7-80 — 47-7-90) › Section 47-7-84 - Credit for prior eligible service by persons who are members as of September 1, 1992, or who applied for membership on or before that date

(a)
As used in this Code section, the term "prior eligible service" means service:
(1)
Rendered by a member of the fund as a firefighter or volunteer firefighter;
(2)
Rendered without interruption prior to the date such member becomes a member of the fund;
(3)
Rendered after the member reached the age of 30 years; and
(4)
For which the member would otherwise have been eligible for credit if such member had been a member of the fund at the time such service was rendered;
provided, however, that such term shall not include a period of more than ten years of such service.
(b)
Any person who is a member of the fund on September 1, 1992, or who applies for membership on or before September 1, 1992, and is thereafter accepted for membership shall be entitled to credit for prior eligible service, provided that such person satisfies the following requirements:
(1)
The member or applicant for membership files with the board on or before September 1, 1992, an application for such credit in the form prescribed by the board;
(2)
At the time of application for credit, the member or applicant for membership pays to the fund for each month of prior eligible service credit sought an amount equal to the contributions that would have been made had the member or applicant been a member and entitled to credit during the period of prior eligible service, at the monthly contribution rate in effect at the time the application for credit is made, together with interest on such monthly amount from the date on which such contribution would have been made until the date of application for credit at a rate rounded to the nearest one-fourth of 1 percent which is equal to two and one-half percentage points plus the monthly index, expressed in terms of percentage interest per annum, of the monthly average of the daily yields on all outstanding United States Treasury Bonds issued, except such bonds as are redeemable at par for payment of federal estate taxes, with 30 years remaining to final maturity as compiled by the United States Treasury Department and as published by the Board of Governors of the Federal Reserve System in the monthly
Federal Reserve Bulletin
for the month of July, 1992, but not in any event less than 8 percent per annum; and
(3)
At the time of application for credit, the member or applicant for membership is at least 35 years of age but not greater than 45 years of age.
(c)
Nothing in this Code section shall alter the requirements for membership in the fund or the limitations on membership or benefits of membership which would otherwise apply absent the benefit of prior eligible service credits under this Code section.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-7-80 — 47-7-90) › Section 47-7-85 - Credit for prior eligible service by persons who are members as of July 1, 1998, or become members after that date

(a)
As used in this Code section, the term "prior eligible service" means service:
(1)
Rendered by a member of the fund as a fireman or volunteer fireman; and
(2)
For which the member would otherwise have been eligible for credit if such member had been a member of the fund at the time such service was rendered.
(b)
Any person who is a member of the fund on July 1, 1998, or who becomes a member after that date shall be entitled to credit for up to ten years of prior eligible service, provided that such person satisfies the following requirements:
(1)
The member or applicant for membership files with the board an application for such credit in the form prescribed by the board; and
(2)
At the time of application for credit, the member or applicant for membership pays to the fund an amount sufficient to grant the creditable service authorized by this Code section without creating any actuarially determined accrued liability, as a result of granting such creditable service, against the fund, such determination to be made by the board after consultation with an actuary retained by the board.
(c)
Nothing in this Code section shall alter the requirements for membership in the fund or the limitations on membership or benefits of membership which would otherwise apply absent the benefit of prior eligible service credits under this Code section.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-7-80 — 47-7-90) › Section 47-7-86 - [Repealed] Creditable service for other pension fund participation for members of Georgia Class Nine Fire Department Pension Fund

Repealed by 2006 Ga. Laws 460,§ 4, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-7-80 — 47-7-90) › Section 47-7-87 - Credit for prior eligible service; requirements

(a)
As used in this Code section, the term "prior eligible service" means service rendered between July 1, 2006, and June 30, 2014, as a firefighter in part-time employment.
(b)
Any member of the fund shall be entitled to credit for prior eligible service, provided that such person satisfies the following requirements:
(1)
The member or applicant for membership files with the board on or before September 30, 2014, an application for such credit in the form prescribed by the board; and
(2)
At the time of application for credit, the member or applicant for membership either:
(A)
Pays to the fund for each month of prior eligible service credit sought an amount equal to the contributions that would have been made had the member or applicant been a member and entitled to credit during the period of prior eligible service, at the monthly contribution rate in effect at the time the application for credit is made, together with interest on such monthly amount from the date on which such contribution would have been made until the date of application for credit at a rate of 12 percent per year; or
(B)
Presents proof that such contributions were timely paid during such period.
(c)
Nothing in this Code section shall alter the requirements for membership in the fund or the limitations on membership or benefits of membership which would otherwise apply absent the benefit of prior eligible service credits under this Code section.
Amended by 2014 Ga. Laws 584,§ 2, effective onJuly 1, 2014, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety onJuly 1, 2014, as required by subsection (a) of Code Section 47-20-50.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-7-80 — 47-7-90) › Section 47-7-88 - [See Note] Impact of active duty military service upon receipt of creditable service time (§ 47-7-88) › 1

(a)
The provisions of this Code section apply solely to any member of the fund who left active employment as a firefighter as a result of being called to active duty as a member of the Army or Air Force National Guard or the Army, Air Force, Navy, or Marine Corps Reserve and who returned to employment as a firefighter upon being released from such active duty.
(b)
Any member of the fund shall be entitled to receive creditable service for a period of break in service due to being called to active military duty. To receive such creditable service, a member must make application to the board and pay the normal monthly dues for each month of such period of break in service not later than one year following the member's release from active duty and return to employment.
Added by 2006 Ga. Laws 578,§ 1, eff. 7/1/2006.
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 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-7-80 — 47-7-90) › Section 47-7-88 - [See Note] Impact of active duty military service upon receipt of creditable service time (§ 47-7-88) › 2

(a)
The provisions of this Code section apply solely to any member of the fund who left active employment as a firefighter as a result of being called to active duty as a member of the Army or Air National Guard or the Army Reserve, Air Force Reserve, Navy Reserve, or Marine Corps Reserve and who returned to employment as a firefighter upon being released from such active duty.
(b)
Any member of the fund shall be entitled to receive creditable service for a period of break in service due to being called to active military duty. To receive such creditable service, a member must make application to the board and pay the normal monthly dues for each month of such period of break in service not later than one year following the member's release from active duty and return to employment.
Amended by 2024 Ga. Laws 391,§ 2, eff. 7/1/2024, only if it is determined to have been concurrently funded.
Added by 2006 Ga. Laws 578,§ 1, eff. 7/1/2006.
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 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-7-80 — 47-7-90) › Section 47-7-89 - Calculating creditable service time

The board is authorized to calculate creditable service on a monthly basis, expressed as a fraction of a year, for periods of time less than a year.
Added by 2006 Ga. Laws 578,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 5 - SERVICE CREDITABLE TOWARD RETIREMENT (§§ 47-7-80 — 47-7-90) › Section 47-7-90 - Impact of sentence of confinement on accrual of creditable service

A member shall not earn creditable service for any service rendered during the time period in which the member is incarcerated under a sentence of confinement.
Added by 2014 Ga. Laws 496,§ 2, effective onJuly 1, 2014, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety onJuly 1, 2014, as required by subsection (a) of Code Section 47-20-50.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 6 - RETIREMENT, RETIREMENT ALLOWANCES, DISABILITY BENEFITS, AND DEATH BENEFITS (§§ 47-7-100 — 47-7-105) › Section 47-7-101 - Eligibility for retirement benefits; withdrawal of application for benefits before approval; reemployment

(a)
Any member who applies for retirement benefits may withdraw such application at any time prior to its approval by the board.
(b)
Any person who again becomes a paid employee of a fire department or of a volunteer fire department after having been placed on retirement or disability under Code Section
47-7-100
or
47-7-102
shall immediately notify the executive director of such reemployment. Retirement benefits being paid to such person shall be suspended as of the date of such reemployment and shall remain suspended until such reemployment terminates at which time the payment of retirement benefits shall be resumed in the amount to which the person was eligible at the time of reemployment. Disability benefits being paid to any such person shall be terminated as of the date of such reemployment. Within six months of the commencement of reemployment, any such person who at the time of application otherwise meets the requirements for membership may, by application in the manner provided by this chapter, become a member of the fund. In the event the application is granted, such member, upon meeting the requirements provided by law, shall be entitled to all benefits provided for in Code Section
47-7-100
, but the amount of monthly retirement or disability benefits payable to such member shall not exceed the amount of the monthly benefit which would be payable to such member had such subsequent retirement become effective at the time of the member's prior retirement, unless after such reemployment the member shall have acquired not less than seven years'creditable service as a member of the fund.
(c)
A member who is eligible to receive a benefit under Code Section
47-7-100
shall not be entitled to benefits under Code Section
47-7-102
.
Amended by 2005 Ga. Laws 15,§ 3, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 6 - RETIREMENT, RETIREMENT ALLOWANCES, DISABILITY BENEFITS, AND DEATH BENEFITS (§§ 47-7-100 — 47-7-105) › Section 47-7-103 - Benefits payable upon death; failure to designate beneficiary

(a)
In the event of the death of an active member who has not commenced receiving any benefits under this chapter, up to five selected beneficiaries of such deceased member shall be entitled to be paid the amount of $10,000.00 split equally among the selected beneficiaries, upon any selected beneficiary making proper application to the executive director of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board.
(b)
In the event of the death of a retired member of the fund who has not elected survivor benefits under Option A or B as provided for in subsection (d) of Code Section
47-7-100
and who has commenced receiving benefits under this chapter, but who has not received total benefits in an amount equal to $10,000.00, up to five beneficiaries selected by the member shall be entitled to receive an equally apportioned amount from the difference between $10,000.00 and the amount of benefits received by such deceased member, upon making application as provided for in subsection (a) of this Code section.
(c)
In the event of the death of an active member or a retired member who failed to designate a beneficiary, or if all named beneficiaries have predeceased such member, any benefits otherwise payable under subsections (a) or (b) of this Code section shall be payable to such member's estate.
Amended by 2020 Ga. Laws 370,§ 1, eff. July 1, 2020, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law".
Amended by 2019 Ga. Laws 248,§ 1, eff. 7/1/2019.
Amended by 2015 Ga. Laws 133,§ 11, eff. 7/1/2015.
Amended by 2010 Ga. Laws 459,§ 6, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 6 - RETIREMENT, RETIREMENT ALLOWANCES, DISABILITY BENEFITS, AND DEATH BENEFITS (§§ 47-7-100 — 47-7-105) › Section 47-7-104 - Benefits payable to volunteer firefighters erroneously found to be eligible for such benefits

Any other provisions of law to the contrary notwithstanding:
(1)
Any person who served as a volunteer firefighter prior to March 3, 1955, and who began receiving retirement benefits at a later date from the fund, based on the board of trustees' belief that such person was eligible for such benefits, but whose retirement benefits were ceased or canceled by the board of trustees based upon its subsequent realization that such person was not in fact eligible for such benefits; or
(2)
Any person who left service as a volunteer firefighter after receiving written notice from the executive director of the fund that such person was eligible for retirement benefits except for not having reached the age of 60 years, which written notice was later determined by the board to be erroneous,
shall be eligible to receive the retirement benefits under this chapter in the same manner as if such service had been rendered in a class nine or better fire department, regardless of the fact that such service was not rendered in a class nine or better fire department.
Amended by 2010 Ga. Laws 459,§ 7, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 6 - RETIREMENT, RETIREMENT ALLOWANCES, DISABILITY BENEFITS, AND DEATH BENEFITS (§§ 47-7-100 — 47-7-105) › Section 47-7-105 - Refund of contributions upon withdrawal from the fund

Upon proper application and approval of the board, any member who withdraws from the fund shall be paid all the moneys such individual contributed to the fund, less 5 percent. Any refunds granted under this Code section or any other provision of this chapter shall be without interest.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-7-120 — 47-7-127) › Section 47-7-120 - Reduction of benefits upon determination that available moneys are insufficient; liability of members of the board for such reductions

If the moneys provided by this chapter are not sufficient at any time to enable the board to pay each person his benefits in full under this chapter, then those persons entitled to benefits shall be paid an equal amount, which, in the opinion of the board, the fund may provide. In no such event shall the board or any member of the board be liable to any beneficiary for any deficiencies in payments under this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-7-120 — 47-7-127) › Section 47-7-121 - Vesting of rights to benefits

Benefits under this chapter shall be subject to future legislative change and revision and no member of this fund or any other persons shall be deemed to have any vested right to any benefits, except as may be provided in Code Section
47-7-100
.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-7-120 — 47-7-127) › Section 47-7-122 - Exemption of benefits under this chapter from garnishment, attachment, or other process; exemption from taxation; assignment of such benefits

Benefits under this chapter shall not be subject to attachment, garnishment, levy, or other legal process against the firefighter, volunteer firefighter, or a designated beneficiary entitled to receive such benefits; nor shall such benefits or rights be assignable unless specifically provided for in this chapter. Benefits under this chapter are expressly declared to be exempt from any and all taxation, whether imposed by any state, county, municipality, or other political subdivision.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-7-120 — 47-7-127) › Section 47-7-123 - Exemption of assets of the board from taxation

The assets of the board, whether in the form of cash, securities, or real property, shall be deemed to be public property and exempt from any and all taxation, whether imposed by the state, or by any county, municipality, or political subdivision of this state.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-7-120 — 47-7-127) › Section 47-7-125 - Availability of records of local departments to board; confidentiality

Upon request, an authorized representative of the board shall have the power to inspect and copy or make extracts from the records of any fire department or volunteer fire department concerning any member of the fund or applicant for membership. It shall be the duty of the custodian of such records for the fire department or volunteer fire department to make such records available to an authorized representative of the board at the location at which such records are normally kept. Information so obtained by the board shall not be disclosed by the board except in connection with a matter involving the member or applicant for membership to whom the records relate.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-7-120 — 47-7-127) › Section 47-7-126 - Penalty for false statements or falsified records; correction of errors by the board

(a)
Any person who knowingly makes any false statements or falsifies or permits to be falsified any records of the fund in an attempt to defraud the fund shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine not to exceed $2,000.00, imprisonment for up to 12 months, or both.
(b)
On and after July 1, 2015, if the board finds, after notice and opportunity for a hearing conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," that any person on or after July 1, 2015, has knowingly:
(1)
Made a material false statement or falsified or permitted to be falsified any records of the fund or documents of the fund in an attempt to defraud the fund;
(2)
Obtained or continued membership in the fund while not eligible to become or remain a member of the fund;
(3)
Obtained benefits that he or she is not entitled to receive; or
(4)
Obtained benefits in an amount greater than he or she is entitled to receive,
the board may order that such person shall forfeit all rights and benefits that he or she may be entitled to under the fund. Any person who is aggrieved or adversely affected by a final action of the board under this subsection shall have the right of judicial review in the superior courts.
(c)
If any change or error in the records of the fund results in any member or beneficiary receiving from it more or less than such member or beneficiary 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 is practicable and in such manner that the actuarial equivalent of any additional benefit to which such member or beneficiary was correctly entitled shall be paid or in such manner that any excess payment shall be recovered.
Amended by 2015 Ga. Laws 133,§ 12, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7 - GEORGIA FIREFIGHTERS' PENSION FUND (§§ 47-7-1 — 47-7-127) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 47-7-120 — 47-7-127) › Section 47-7-127 - [Repealed] "Alternative investments" defined; code of ethics

Repealed by 2022 Ga. Laws 759,§ 1, eff. 5/2/2022.
Added by 2010 Ga. Laws 451,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 7A - [REPEALED] GEORGIA CLASS NINE FIRE DEPARTMENT PENSION (§ 47-7A-1) › Section 47-7A-1 - through 47-7A-127 - [Repealed]

Repealed by Ga. L. 2010, p. 438, § 9 and Ga. L. 2010, p. 1207, § 55, effective July 1, 2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 1 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-8-1 — 47-8-6) › Section 47-8-1 - Creation of the office of senior judge of the superior courts

There is created the office of senior judge of the superior courts. Any judge of the superior court who was appointed judge of the superior courts, emeritus prior to December 31, 1976, is redesignated as senior judge of the superior courts effective December 31, 1976. Any judge of the superior courts who is eligible for appointment as judge of the superior courts, emeritus on December 31, 1976, or who becomes eligible after that date shall be designated as senior judge of the superior courts upon accepting such appointment.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 1 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-8-1 — 47-8-6) › Section 47-8-2 - Creation of the Superior Court Judges Retirement Fund of Georgia; trustees of the fund; payment to the fund

There is created the Superior Court Judges Retirement Fund of Georgia. The trustees of the fund shall be the Governor, the state treasurer, and an appointee of the Governor who is not the Attorney General. All payments to this fund shall be made to the board of trustees.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 1 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-8-1 — 47-8-6) › Section 47-8-3 - Power of trustees to make rules and regulations for administration of the fund

The trustees of this fund are authorized to make such rules and regulations as are not inconsistent with this chapter for the proper administration of this chapter.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 1 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-8-1 — 47-8-6) › Section 47-8-4 - Power of trustees to invest moneys of the fund

The trustees of this fund shall have authority to invest any of the moneys received under this chapter in such manner as funds of the Employees' Retirement System of Georgia are invested and reinvested.
2023 CODE OF GEORGIA › Title 47 - RETIREMENT AND PENSIONS (§§ 47-1-1 — 47-25-101) › Chapter 8 - SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA; SENIOR JUDGES (EMERITUS) › Article 1 - CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE FUND (§§ 47-8-1 — 47-8-6) › Section 47-8-5 - Annual audit of the fund

The state auditor is authorized to make an annual audit of the fund.