Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 47-14-77 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 47-14-77 Case Law from Google Scholar Amendments to OCGA 47-14-77

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

47-14-77. Service for which no credit received for retirement purposes.

  1. Notwithstanding any other provision of this chapter to the contrary, a clerk may not receive credit for retirement purposes for any service performed as a clerk prior to six months from the time application is made for membership in the fund.
  2. Notwithstanding any other provision of this chapter to the contrary, a clerk may not receive credit for retirement purposes for deputy clerk service or for military service unless such credits are sought at the time of application for membership in the fund.
  3. No member who first or again becomes a member on or after September 1, 2009, and who is subject to the provisions of Code Section 15-6-50 shall be entitled to include, for any purpose under this chapter, service during which he or she was not in compliance with the training requirements of subsection (c) of such Code section.
    1. Notwithstanding any other provision of this chapter to the contrary, and except as provided in paragraph (2) of this subsection, a clerk who first or again becomes a member of this retirement fund on or after July 1, 2010, shall not be entitled to receive credit for any purpose for prior service as a deputy clerk.
    2. Any person who is serving as chief deputy clerk on July 1, 2010, and who, without a break in service, became the clerk of the same court may receive creditable service for such service as provided in Code Section 47-14-70 by making application to the board of trustees in such manner as the board deems appropriate and paying to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting such creditable service. Such application and payment shall be made not later than six months after such person became a clerk of the court.

(Ga. L. 1982, p. 1273, § 2; Code 1981, §47-14-77, enacted by Ga. L. 1982, p. 1273, § 4; Ga. L. 2009, p. 826, § 1/HB 488; Ga. L. 2010, p. 421, § 1/HB 486.)

The 2009 amendment, effective June 1, 2009, added subsection (c).

The 2010 amendment, effective July 1, 2010, added subsection (d).

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).

RESEARCH REFERENCES

Am. Jur. 2d.

- 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1192 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 316 et seq.

API Error: Request was throttled. Expected available in 1 second.

No results found for Georgia Code 47-14-77.