O.C.G.A.

O.C.G.A. § 47-2-124 (2019)

Eligibility for benefits of persons with at least 95 percent of required service credit

✓ 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 who is serving in the year which represents 95 percent of the required time for vesting of benefits under Code Section 47-2-111 or 47-2-122 or of the required time for benefits under subsections (c) through (e) of Code Section 47-2-123 shall be deemed to qualify for the required number of years.

History

(Ga. L. 1953, Nov.-Dec. Sess., p. 160, § 2; Ga. L. 1994, p. 297, § 1.)

Annotations

OPINIONS OF THE ATTORNEY GENERAL What constitutes actual required creditable service for death benefits. - Although Ga. L. 1967, p. 751, § 4 (see O.C.G.A. § 47-2-130) speaks in terms of 15 years of creditable service, the actual required creditable service for death benefits is 13 years and four months under the provisions of Ga. L. 1953, Nov.-Dec. Sess., p. 160, § 2 (see O.C.G.A. § 47-2-124). 1976 Op. Att’y Gen. No. U76-9. Application of ‘‘95% rule’’ to O.C.G.A. § 47-2-122. - Question of how to apply the ‘‘95% rule’’ in O.C.G.A. § 47-2-124 to the vesting provisions of O.C.G.A. § 47-2-122

should be resolved by the Board of Trustees of the Employees Retirement System in light of the possible conflict with existing policies. 1992 Op. Att’y Gen. No. 92-24. The 95% rule not applicable to § 47-2-111. - 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, since by the statute’s plain language, § 47-2-124 only applies to the calculation of benefits pursuant to O.C.G.A. §§ 47-2-122 and 47-2-123. 1993 Op. Att’y Gen. No. 93-12 (issued prior to the 1994 amendment to this Code section).

Notes of Decisions

Cited in 1 case, 1986–1986 · leading case: Haggins v. Employees'Ret. Sys. of Ga., 338 S.E.2d 1 (Ga. 1986).

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Haggins v. Employees'Ret. Sys. of Ga., 338 S.E.2d 1 (Ga. 1986). · cites it 2× “See also OCGA § 47-2-124 (providing that any member who is serving in the year which represents 95% of the time required for vesting of benefits under, among other things, § 47-2-123 (c) shall be deemed to qualify for the required number of years).”

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