O.C.G.A. § 47-2-111 (2019)
Persons eligible to retire at age 55
Any other provision of this chapter to the contrary notwithstanding, any member employed by the Uniform Division of the Department of Public Safety as an officer, a noncommissioned officer, or a trooper; by the Georgia Bureau of Investigation as an officer or agent; by the Department of Natural Resources as a conservation ranger; or by the Department of Revenue as an alcohol and tobacco officer or agent or as an officer or agent of the Special Investigations Unit shall be eligible to retire at age 55 if he or she has the minimum number of years of creditable service provided in Code Section 47-2-110, and upon retirement such member shall be paid not less than the service retirement allowance which would have been payable to such member upon service retirement at age 65 without a change in compensation and with the same number of years’ creditable service to which such member is entitled at the time of retirement.
History
(Code 1981, § 47-2-111, enacted by Ga. L. 1993, p. 1372, § 1; Ga. L. 2000, p. 131, § 1; Ga. L. 2010, p. 1207, § 17/SB 436.)
Annotations
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).
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,
T.47, C.2, A.7 EMPLOYEES’ RETIREMENT SYSTEM OF GEORGIA and application of statute or ordinance providing for reduction of pension or retirement benefit of public officer or employee because of independent income, 7 ALR2d 692. Misconduct as affecting right to pension
or retention of position in retirement system, 76 ALR2d 566. Acceptance of, or assertion of right to, pension or retirement as abandonment of public office or employment, 76 ALR2d 1312.