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O.C.G.A. § 15-6-90 — Longevity increases; operational expenses; local laws | Georgia Code
O.C.G.A. § 15-6-90 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 15 COURTS

Section 6. Superior Courts, 15-6-1 through 15-6-100.

ARTICLE 2 CLERKS OF SUPERIOR COURTS

15-6-90. Longevity increases; operational expenses; local laws.

  1. The amounts provided in subsection (a) of Code Section 15-6-88 and Code Sections 15-6-89 and 15-10-105, as increased by subsection (b) of Code Section 15-6-88, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any clerk after December 31, 1976, effective the first day of January following the completion of each such period of service.
  2. The minimum salaries provided for in Code Sections 15-6-88 and 15-6-89, this Code section, and Code Section 15-6-91 shall be considered as salary only. Expenses for deputy clerks, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a clerk's office shall come from funds other than the funds specified as salary in such Code sections.
  3. This Code section shall not be construed to affect any local legislation, except where such local legislation provides for a salary lower than the salary provided in Code Sections 15-6-88 and 15-6-89, this Code section, and Code Section 15-6-91, in which event such Code sections shall prevail.
  4. Code Sections 15-6-88 and 15-6-89, this Code section, and Code Section 15-6-91 shall not be construed to reduce the salary of any clerk of superior court presently in office.

(Ga. L. 1973, p. 256, § 3; Ga. L. 1977, p. 547, § 2; Ga. L. 1978, p. 937, § 1; Ga. L. 1989, p. 801, § 1; Ga. L. 1992, p. 1478, § 2; Ga. L. 1993, p. 91, § 15; Ga. L. 1994, p. 97, § 15; Ga. L. 1994, p. 620, § 2; Ga. L. 2012, p. 173, § 2-4/HB 665.)

OPINIONS OF THE ATTORNEY GENERAL

"Figured at the end of each such period of service" construed.

- Phrase "figured at the end of each such period of service" means only that the 5 percent increase becomes available at the end of the term. It does not mean that the increase is permanently fixed at a set dollar amount based upon the salary provided at the end of the term. 1981 Op. Att'y Gen. No. U81-19.

Increase effective at beginning of new term.

- All clerks who have completed four-year terms of office are entitled to 5 percent longevity increases in the clerk's pay at the time the clerks commence the clerks' new terms. 1981 Op. Att'y Gen. No. U81-19.

Recipients of salaries under section not entitled to longevity salary increases.

- Those superior court clerks who receive salaries in accordance with the minimum annual salaries specified by Ga. L. 1973, p. 256, §§ 1 through 5 (see now O.C.G.A. § 15-6-88 et seq.) are no longer entitled to longevity salary increases and the clerks' right to longevity salary increases formerly authorized has terminated. 1977 Op. Att'y Gen. No. U77-21 (decided prior to 1978 amendment to this section).

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Clerks of Court, § 12.

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