TITLE 34
LABOR AND INDUSTRIAL RELATIONS
Section 7. Employment Generally; Employer's Liability, 34-7-1 through 34-7-48.
ARTICLE 1
GENERAL PROVISIONS
34-7-4. Payment of outstanding wages to beneficiary; payment as release from claims to funds or claims against employer.
-
-
Upon the death of any person who was employed by any political subdivision of the state or by any railroad company or other corporation, individual, or partnership doing business in this state, if the deceased employee had wages or other moneys due from such employer, it shall be lawful for such employer to pay all of such sums if they do not exceed $2,500.00, or to pay the sum of $2,500.00 if such sums exceed $2,500.00 or upon the death of any person who was employed by the state, if the deceased employee had wages or other moneys due from the state, it shall be lawful for the state to pay all of such sums, as follows:
-
In the absence of a beneficiary designated in writing by the employee, then to the employee's surviving spouse;
-
In the absence of a beneficiary designated in writing by the employee and where the employee left no surviving spouse but left a surviving minor child or children, then to the duly qualified guardian of the minor child or children without any administration upon the estate of the employee; or
-
Where a beneficiary has been designated in writing by the employee to receive such sums and such beneficiary is under no legal incapacity to prevent him from receiving such sums, then to such beneficiary, or, if such beneficiary is under such legal incapacity, then to his duly qualified guardian.
Such funds to the amount of $2,500.00 shall be exempt from any and all process of garnishment.
-
It shall be the responsibility of the employee to provide and the responsibility of the employer to request the name and current address of the employee's spouse or, if there is no spouse, the name and current address of each minor child of the employee. If the employee, at his election, designates a beneficiary to receive such sums, such designation shall be in writing, shall include the name and address of such beneficiary, and shall be signed by the employee. The employer shall inform the employee that any sums payable under this Code section may be paid pursuant to the designation made by the employee to a beneficiary, or to the employee's spouse, or to the employee's minor child or children as provided in this Code section and shall request the employee to furnish and keep any such information and designation current. The employer shall not be subject to any penalty for failure to inform and request that the employee furnish such information and designation, or for the failure of the employer to pay such sums in accordance with the provisions of this Code section.
-
Any employer described in subsection (a) of this Code section may pay over any sums due under subsection (a) of this Code section upon the demand of such designated beneficiary or guardian thereof, or, if no such beneficiary is designated, then upon the demand of the surviving spouse, or, if in the absence of such designated beneficiary and where there is no surviving spouse, upon the demand of the minor child or children or the guardian thereof.
-
The paying over of any sums due as permitted under subsections (a) and (b) of this Code section to the proper party or parties as set forth in this Code section shall operate as a release from all claims to such sums or as a release from all claims against the state, political subdivision thereof, railroad company, or other corporate, partnership, or individual employer by the estate of the employee, the creditors thereof, the surviving spouse or minor child or children or the guardian thereof, or any other person.
(Ga. L. 1898, p. 91, § 1; Ga. L. 1901, p. 60, §§ 1-3; Civil Code 1910, §§ 3134, 3135, 3136; Ga. L. 1915, p. 21, § 1; Code 1933, §§ 66-103, 66-104, 66-105; Ga. L. 1958, p. 641, § 1; Ga. L. 1963, p. 434, § 1; Ga. L. 1975, p. 1191, § 1; Ga. L. 1981, p. 639, § 1; Ga. L. 1983, p. 659, § 1.)
Law reviews.
-
For article discussing nonjudicial settlement of a decedent's estate, see 6 Ga. L. Rev. 74 (1971).
JUDICIAL DECISIONS
Cited in
Sanders v. State, 151 Ga. App. 590, 260 S.E.2d 504 (1979).
OPINIONS OF THE ATTORNEY GENERAL
Payment to executor in representative capacity.
- While payment to the surviving spouse or guardian of a minor child is permissible, it is not recommended; payment should be made to the executor in the executor's representative capacity in order that the estate be administered in a more orderly fashion. 1965-66 Op. Att'y Gen. No. 66-208.
Surviving spouse in state hospital.
- Earnings due a deceased state employee are payable to a widow if less than $2,500.00 even though the widow is in a state hospital. 1962 Op. Att'y Gen. p. 459.
Power of attorney.
- In the absence of a contractual relationship or authorizing legislation, a state agency may not properly honor a power of attorney authorizing collection by the state employee's credit union of the unpaid wages due a terminated state employee in satisfaction of the unpaid balance on the employee's loan; however, should the employee die before the loan's repayment, the unpaid compensation due the employee, not to exceed $2,500.00, may be paid to the employee's surviving spouse or minor children. 1976 Op. Att'y Gen. No. 76-18.
Cap on payment owed to deceased employee.
- There is no longer a cap on the amount of accrued but unpaid wages, or other sums owing a deceased employee, which the Board of Regents may, at its option, pay directly to the surviving spouse of the deceased employee under O.C.G.A.
§
34-7-4. 1986 Op. Att'y Gen. No. 86-41.
RESEARCH REFERENCES
ALR.
- Right of employee to bonus as affected by termination of employment before bonus becomes payable, 28 A.L.R. 346.
Constitutionality of retroactive statute providing compensation for death in service of state, 28 A.L.R. 1100; 126 A.L.R. 102.
Scope and effect of statutory provision extending debtors' exemptions to claims, or proceeds of claims, for personal injuries or death, 62 A.L.R. 1004; 116 A.L.R. 1481.
Income tax: employer's payment to widow of employee as taxable income of widow, 95 A.L.R.2d 520.
Rights in survival benefits under public pension or retirement plan as between designated beneficiary and heirs, legatees, or personal representative of deceased employee, 5 A.L.R.3d 644.
What constitutes duress rendering employee's release of employer or former employer subject to avoidance, 30 A.L.R.4th 294.
