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2018 Georgia Code 47-1-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 47-1-22 Case Law from Google Scholar Amendments to OCGA 47-1-22

TITLE 47 RETIREMENT AND PENSIONS

Section 1. General Provisions, 47-1-1 through 47-1-86.

ARTICLE 2 RESTRICTIONS AND PROHIBITIONS ON MEMBERSHIP IN PUBLIC RETIREMENT OR PENSION SYSTEMS

47-1-22. Reduction and forfeiture of rights and benefits by public employees after July 1, 1985, for committing public employment related crimes; reimbursement of contributions.

  1. This Code section shall apply to public employees first or again becoming public employees after July 1, 1985.
  2. If a public employee commits a public employment related crime in the capacity of a public employee and is convicted for the commission of such crime, upon final conviction such person's benefits under a public retirement or pension system, including any survivor's benefits if applicable, shall be reduced by an amount equal to three times the economic impact of the crime, as determined pursuant to the provisions of Code Section 47-1-25. Payment of such benefits shall cease until such amount has been forfeited, after which benefits shall be restored. If the person has not begun to receive a benefit, the deduction shall commence at the time such benefits would normally begin. For purposes of this subsection, the term "benefit" shall not include a refund of employee contributions without interest.

(Code 1981, §47-1-22, enacted by Ga. L. 1985, p. 1624, § 1; Ga. L. 2008, p. 126, § 3/HB 255.)

The 2008 amendment, effective July 1, 2008, rewrote subsection (b).

JUDICIAL DECISIONS

Former councilman's alleged fraud in obtaining commissioner's position on aviation board had no legal effect on the pension benefits to be awarded the person under O.C.G.A. Art. 2, Ch. 1, T. 47. City of Atlanta v. Jackson, 263 Ga. 426, 435 S.E.2d 212 (1993).

Cases Citing O.C.G.A. § 47-1-22

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City of Atlanta v. Jackson, 435 S.E.2d 212 (Ga. 1993).

Cited 3 times | Published | Supreme Court of Georgia | Oct 12, 1993 | 263 Ga. 426, 93 Fulton County D. Rep. 3628

...by the legislature's determination that a public employee's pension benefits may be forfeited only upon conviction of a public employment related crime committed in the capacity of a public employee or upon conviction of a drug related crime. OCGA §§ 47-1-22 and 47-1-22.1. As the trial court correctly determined, by enacting § 47-1-22, the legislature established a standard for the forfeiture of pension benefits based on an employee's wrongful acts....
...applicable to Jackson's request for benefits. Therefore, the City argues, no legal procedure for the forfeiture of benefits existed and general equitable principles required the Board to reduce Jackson's pension benefits. Section 47-1-20 states that § 47-1-22 applies both to persons entering *428 public employment and to persons reentering public employment after July 1, 1985....