O.C.G.A.

O.C.G.A. § 47-14-76 (2019)

Right to withdraw dues; effect of withdrawal on membership and benefits; eligibility to rejoin the fund

✓ 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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Any member may withdraw the total sum, without interest, which he has paid into the fund. In order to become eligible to rejoin the fund and to receive any benefits under this chapter after such withdrawal, he must repay the entire amount which he has withdrawn, plus interest at 6 percent per annum. A member shall not receive credit for any service after such

withdrawal unless he pays the dues which he would have paid had he been a member of the fund during such period of service, plus interest on such amounts at 6 percent per annum. If any clerk dies before being retired, the total amount, without interest, which has been paid by him into the fund shall be paid to his estate. If, after retiring, any clerk should die without leaving a surviving spouse and without having received the amount in benefits equal to the amount which he had paid into the fund, the difference, without interest, shall be paid to his estate. If after retiring, any clerk should die leaving a surviving spouse and such surviving spouse should thereafter die without having received the amount of benefits equal to the amount which had been paid into the fund less the amount received by such clerk before his death, the difference, without interest, shall be paid to his estate.

History

(Ga. L. 1952, p. 238, § 10; Ga. L. 1962, p. 67, § 3; Ga. L. 1964, p. 407, § 2; Ga. L. 1981, p. 693, § 1.)

Annotations

JUDICIAL DECISIONS Not entitled to credit. - Clerk, who had withdrawn from a superior court retirement fund and obtained a refund of all of the clerk’s contributions, was not entitled to receive retirement credit for the almost 20 years the clerk had served as a county clerk after the clerk reapplied for membership in

the retirement fund because legislation was enacted that plainly prohibited obtaining any credit beyond the prior six months from the date of the application for membership. Alston v. Superior Court Clerks’ Ret. Fund, 271 Ga. App. 143, 608 S.E.2d 734 (2004).

Notes of Decisions

Cited in 1 case, 2004–2004 · leading case: Alston v. Superior Court Clerks' Ret. Fund, 608 S.E.2d 734 (Ga. Ct. App. 2004).

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Alston v. Superior Court Clerks' Ret. Fund, 608 S.E.2d 734 (Ga. Ct. App. 2004). · cites it 4× “At the time of her application to rejoin the Fund, Alston also inquired about her right to receive retirement credit for her prior service as the Superior Court Clerk of Webster County pursuant to OCGA§ 47-14-76, which provides: In order to become eligible to rejoin the fund and…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.