O.C.G.A.

O.C.G.A. § 47-12-101 (2019)

Exemption of moneys and rights accruing under this chapter from taxation; exemption from levy and sale, attachment, garnishment, and other process; assignability

✓ 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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The right to a retirement benefit, district attorney emeritus salary, return of contributions, any optional benefit, or any other right accrued or accruing to any person under this chapter and the moneys in the fund are exempt from any state, county, or municipal tax, except as provided in Code Section 48-7-27; exempt from levy and sale, garnishment, attachment, or any other process whatsoever; and shall not be assignable, except as otherwise specifically provided for in this chapter.

History

(Code 1981, § 47-12-101, enacted by Ga. L. 1983, p. 1805, § 3; Ga. L. 2000, p. 1449, § 6.)

Annotations

Editor’s notes. - This chapter consisted of Code Sections 47-13-1, 47-13-2 (Article 1), 47-13-20 through 47-13-30 (Article 2), 47-13-40, 47-13-40.1 (Article 3), 47-13-50 (Article 4), 47-13-60 through 47-13-62 (Article 5), 47-13-70 through 47-13-73 (Article 6), 47-13-90, 47-13-91 (Article 7), relating to district attorneys’ retirement system, and was based on Ga. L. 1978, p. 2173, §§ 1-19, Ga. L. 1980, p. 925, §§ 14-16, Ga. L. 1982, p. 3,

§ 47, Ga. L. 1988, p. 426, § 1, Ga. L. 1990, p. 523, § 1, Ga. L. 1990, p. 865, §§ 1-4, Ga. L. 1991, p. 130, § 1, Ga. L. 1992, p. 477, § 1, Ga. L. 1992, p. 1024, § 1, Ga. L. 1992, p. 2355, §§ 1-3, Ga. L. 1993, p. 86, § 1, Ga. L. 1993, p. 800, § 1, Ga. L. 1993, p. 1402, § 18, Ga. L. 1994, p. 335, § 1, Ga. L. 1995, p. 651, § 8, Ga. L. 1995, p. 787, § 4, Ga. L. 1995, p. 1065, § 1, Ga. L. 1996, p. 728, § 1, Ga. L. 1996, p. 733, § 1, Ga. L. 1996, p. 799, § 1.

CHAPTER 14 SUPERIOR COURT CLERKS’ RETIREMENT FUND OF GEORGIA

Sec.

Article 1

Article 4

General Provisions

Revenues Collected from Fines, Bonds, and Fees Sec.

Definitions. Article 2

Administration and Management of the Assets of the Fund

Creation of the Board of Commissioners of the Superior Court Clerks’ Retirement Fund of Georgia; membership of the board; quorum; compensation and expenses. Creation of office of secretary-treasurer; selection, compensation, and powers and duties; periodic reports of moneys in hand, receipts, and expenditures; performance bond. Powers and duties of the board generally. Special account for funds; investment powers of board. Gifts, grants, and bequests. Duty of board to keep records; presentation of annual financial statement to Clerks’ Group of the County Officers’ Association of Georgia. Duty of the state auditor to make an annual audit and report; audit upon request of the board or the Governor; contents of annual report.

Article 5 Retirement Benefits, Disability Benefits, and Spouses’ Benefits

Article 3

Membership in and Contributions to the Fund

Application for membership in the fund; payments by members into the fund; penalties for late payment; creditable service impacted by late payments.

‘‘Collecting authority’’ defined; payments to fund from fines and bonds collected in criminal and quasi-criminal cases; duty of collecting authority to record and remit; penalty for late payment. Payments to the fund from fees collected in certain civil actions and for recording of instruments pertaining to real estate; records; audit of records; use of sums remitted; failure of clerk to remit.

Eligibility for retirement benefits; additional or partial retirement benefits; election to provide both retirement and survivors benefits. Eligibility for disability benefits; determination of disability. Benefits payable in the event of death before retirement; rights of surviving spouse. Eligibility to retire and receive retirement benefits; effect of retirement before age 55. Application of certain increases in benefits to benefits paid to surviving spouses. Eligibility for certain benefit increases. Right to withdraw dues; effect of withdrawal on membership and benefits; eligibility to rejoin the fund. Service for which no credit received for retirement purposes.

Sec.

SUPERIOR COURT CLERKS’ RETIREMENT FUND Sec.

Service for which credit received for retirement purposes. Death benefit paid to designated beneficiary of member who dies in service.

Article 6 Miscellaneous Provisions

Reduction of benefits upon de-

termination that available funds are insufficient; order of payment upon resumption of payments in full; liability of board for such reductions. Exemption of rights and benefits under this chapter from taxation; exemption from levy and sale, garnishment, attachment, or other process; assignability.

ARTICLE 1 GENERAL PROVISIONS