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O.C.G.A. § 47-14-73 — Eligibility to retire and receive retirement benefits; effect of retirement before age 55 | Georgia Code

O.C.G.A. § 47-14-73 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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

47-14-73. Eligibility to retire and receive retirement benefits; effect of retirement before age 55.

Any other provisions of this chapter to the contrary notwithstanding, a clerk may terminate his official duties as clerk and be eligible for retirement benefits if he has fulfilled the qualifications necessary therefor; but if he has not reached the age of 55 at the time he terminates his official duties, he shall not commence receiving his retirement benefits until he reaches that age.

(Ga. L. 1952, p. 238, § 16; Ga. L. 1953, Nov.-Dec. Sess., p. 332, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

Survivors benefits.

- If a clerk retires before reaching age 55 and wishes to provide benefits for a surviving spouse, the clerk would not be required to make the election at the time of retirement. The clerk could wait until the clerk reaches age 55 to do so. 1967 Op. Att'y Gen. No. 67-225.

Widow of a clerk who terminated the clerk's duties under this statute, 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 (see O.C.G.A. § 47-14-73).

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