O.C.G.A.

O.C.G.A. § 47-1-15 (2019)

Circumstances when survivors benefits are paid to secondary beneficiary

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Unless otherwise expressly stated elsewhere in this title, in the event a person designated by a member of a public retirement or pension system created by this title as the primary beneficiary of a survivors benefit provided by such system does not survive the member by at least 32 days, any such benefits shall be paid to the secondary beneficiary, or as otherwise provided by law.

History

(Code 1981, § 47-1-15, enacted by Ga. L. 1998, p. 176, § 1; Ga. L. 2000, p. 131, § 1.)

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1998, Code Section 47-1-14, as enacted by Ga. L. 1998, p. 176,

§ 1, was renumbered as Code Section

ARTICLE 2 RESTRICTIONS AND PROHIBITIONS ON MEMBERSHIP IN PUBLIC RETIREMENT OR PENSION SYSTEMS OPINIONS OF THE ATTORNEY GENERAL a forfeiture by employees who are currently by law vested with rights under the public retirement system would, in all probability, be unconstitutional under the federal Impairment Clause contained in U.S. Const., Art. I, Sec. 10. 1985 Op. Att’y Gen. No. U85-3.

Forfeiture of benefits by employees convicted of crime. - General Assembly has the authority to enact a statute which proposes the forfeiture of earned retirement benefits of future public employees due to the conviction of a crime; however, an amendment to the Georgia Constitution proposing such

RESEARCH REFERENCES Am. Jur. 2d. - 60 Am. Jur. 2d, Pensions and Retirement Funds, §§ 37, 39.

C.J.S. - 67 C.J.S., Officers and Public Employees, § 316 et seq.