TITLE 47 RETIREMENT AND PENSIONS

Section 14. Superior Court Clerks' Retirement Fund of Georgia, 47-14-1 through 47-14-91.

ARTICLE 5 RETIREMENT BENEFITS, DISABILITY BENEFITS, AND SPOUSES' BENEFITS

47-14-72. Benefits payable in the event of death before retirement; rights of surviving spouse.

In the event of the death of any clerk who has not retired under any of the provisions of this chapter, but who was eligible to do so, the surviving spouse shall receive a monthly sum during his or her lifetime equal to 50 percent of the amount such clerk would have received had he or she retired under subsection (c) of Code Section 47-14-70. In order to receive such benefits, any such spouse must be at least 55 years of age and have been married to such clerk for at least six years immediately preceding the death of such clerk.
1. Subject to the provisions of paragraph (2) of this subsection, the board is authorized to provide by rule or regulation that in the event of the death of any clerk who has satisfied all requirements for retirement provided by subsection (a) of Code Section 47-14-70 but who dies prior to attaining the age of 55, whether or not such clerk has terminated his or her official duties as clerk, the surviving spouse shall receive a monthly sum during his or her lifetime in an amount not greater than 50 percent of the amount such clerk would have received had he or she retired at age 55 as provided under subsection (c) of Code Section 47-14-70, the actual percent to be set by the board of commissioners in direct relation to the amount determined by the actuary pursuant to paragraph (2) of this subsection. In order to receive such benefits, any such spouse must be at least 55 years of age and have been married to such clerk for at least six years immediately preceding the death of such clerk. Once funded and granted, such benefit shall be irrevocable but shall be subject to the provisions of Code Section 47-14-90.
2. The board of commissioners shall be authorized to provide for such level of benefits as provided in paragraph (1) of this subsection only upon:
  1. The recommendation of the actuary for the board;
  2. The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and
  3. Such other factors as the board deems relevant.

(Ga. L. 1964, p. 202, § 3; Ga. L. 1980, p. 1547, § 3; Ga. L. 2008, p. 722, § 4/SB 460; Ga. L. 2010, p. 1207, § 66/SB 436.)

The 2008 amendment, effective July 1, 2008, designated the existing provisions as subsection (a); in subsection (a), substituted "such clerk" for "the clerk" at the end of the last sentence; and added subsection (b).

The 2010 amendment, effective July 1, 2010, substituted "board of commissioners" for "board of trustees" in the first sentence of paragraph (b)(1) and near the beginning of paragraph (b)(2).

Editor's notes.

- Ga. L. 2010, p. 1207, § 1, not codified by the General Assembly, provides that: "The intent of this Act is to repeal obsolete and inoperative provisions and to make certain stylistic corrections in Title 47 of the Official Code of Georgia Annotated. Nothing in this Act shall deny, abridge, increase, renew, revive, or on any way affect any right, benefit, option, credit, or election to which any person was entitled pursuant to such title on June 30, 2010, and the board of trustees of each public retirement system is authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this Act; provided, however, that any such right, benefit, option, credit, or election shall be subject to the statutory provisions in effect on June 30, 2010."

OPINIONS OF THE ATTORNEY GENERAL

Survivors benefits under

§ 47-14-70(c). - Benefits the spouse would be entitled to receive under Ga. L. 1964, p. 202, §§ 2 and 3 (see O.C.G.A. §§ 47-14-70 and47-14-72) would be the same. 1967 Op. Att'y Gen. No. 67-225.

Widow of clerk who retired before age 55.

- Widow of a clerk who terminated the clerk's duties under Ga. L. 1953, Nov.-Dec. Sess., p. 332, § 3 (see O.C.G.A. § 47-14-73), but who had not reached age 55, would not be eligible for death benefits, since the clerk was not eligible for retirement. 1971 Op. Att'y Gen. No. U71-104.

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