O.C.G.A. § 47-2-111 (2019)

Annotations

The 2010 amendment, effective July 1, 2010, deleted former subsection (a), which read: "(a) Any other provision of law to the contrary notwithstanding, any member stated in subparagraphs (b)(1)(B) through (b)(1)(E) of Code Section 47-2-110 who is subject to the involuntary separation provisions of Code Section 47-2-123 and who retires upon or after attaining the age of 55, whether or not retirement at such age is required by law, shall upon application receive a retirement allowance which shall consist of:

"(1) In the case of a member with at least 20 years of service, the service retirement allowance which would have been payable upon service retirement at age 60 had the member continued in service to age 60 without further change in compensation;

"(2) In the case of a member with at least 25 years of service, 75 percent of the service retirement allowance which would have been payable upon service retirement at age 65 had the member continued in service without further change in compensation; or

"(3) In the case of a member with at least 30 years of service, the service retirement allowance which would have been payable upon service retirement at age 65 had the member continued in service without further change in compensation.

"Any provisions of this chapter to the contrary notwithstanding, in the application of paragraphs (1) through (3) of this subsection relating to allowances other than for disability or death, projected retirement allowance computations shall be made on the basis of the member's highest total monthly earnable compensation, as reflected by monthly contributions made during the last 24 calendar months in which the member had made contributions, except that no salary increase by adjustment in compensation in any manner in excess of 10 percent during the last 12 months of membership service shall be included in the projected computation."; and deleted the former subsection (b) designation.

The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" near the middle of this Code section.

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

Effect of section. - Agent of the Georgia Bureau of Investigation who is eligible for involuntary separation retirement benefits may elect retirement or to continue his or her employment past the age of 55 and be entitled to the same protection in age and service which would have been available when that agent was required to retire at age 55 by operation of law. 1993 Op. Att'y Gen. No. 93-12.

The 95% rule of O.C.G.A. § 47-2-124 does not apply to the calculation of retirement benefits under O.C.G.A. § 47-2-111. 1993 Op. Att'y Gen. No. 93-12 (issued prior to the 1994 amendment to § 47-2-124).

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ARTICLE 7 RETIREMENT ALLOWANCES, DISABILITY BENEFITS, SPOUSES' BENEFITS

JUDICIAL DECISIONS

Cited in State v. Cantrell, 231 Ga. 704, 203 S.E.2d 493 (1974); Cantrell v. Board of Trustees of Employees' Retirement Sys., 135 Ga. App. 445, 218 S.E.2d 97 (1975); Employees' Retirement Sys. v. Almgren, 235 Ga. 368, 219 S.E.2d 749 (1975).

OPINIONS OF THE ATTORNEY GENERAL

Legislative service creditable for determining involuntary separation benefits' eligibility. - Service as a member of the General Assembly subsequent to January 1, 1954, which has been paid for as membership service in the Georgia Legislative Retirement System, and which has been transferred from the Legislative Retirement System to the Employees' Retirement System of Georgia, is creditable as membership service for the purpose of determining eligibility for the involuntary separation benefits provided by Ga. L. 1949, p. 138, § 5. 1973 Op. Att'y Gen. No. U73-17.

For effect upon continuation of disability retirement benefits when elected to full-time paid county office, see 1972 Op. Att'y Gen. No. 72-56 (rendered under Ga. L. 1949, p. 138, § 5).

Attempt to change beneficiary for retirement benefit by will considered "mistake." - An attempt by a member of the retirement system to change her beneficiary for the member's life insurance payment and the member's monthly retirement benefit by will is of no legal effect and should be considered a "mistake" in the construction of that provision of the will. 1974 Op. Att'y Gen. No. 74-92.

RESEARCH REFERENCES

Am. Jur. 2d. - 60A Am. Jur. 2d, Pensions and Retirement Funds, Pensions and Retirement Funds, §§ 1174, 1183, 1187 et seq., 1207, 1209, 1211, 1214, 1222, 1226, 1252.

C.J.S. - 67 C.J.S., Officers and Public Employees, § 314 et seq. 81A C.J.S., States, § 212 et seq.

ALR. - Constitutionality, construction, and application of statute or ordinance providing for reduction of pension or retirement benefit of public officer or employee because of independent income, 7 A.L.R.2d 692.

Misconduct as affecting right to pension or retention of position in retirement system, 76 A.L.R.2d 566.

Acceptance of, or assertion of right to, pension or retirement as abandonment of public office or employment, 76 A.L.R.2d 1312.