Consistent with federal retirement legislation.

- O.C.G.A. § 47-2-223 is not a "subterfuge" within the meaning of the Age Discrimination in Employment Act of 1967 (ADEA), § 4(j)(2), 29 U.S.C. § 623(j)(2), and thus is exempt under § 4(j) from the ADEA's general ban on mandatory retirement rules. Accordingly, the state trooper's forced retirement was valid. Knight v. Georgia, 992 F.2d 1541 (11th Cir. 1993).

Employee not entitled to early retirement.

- Because an employee of the Georgia Peace Officer Standards and Training Council was never in the service of the Uniform Division of the Georgia Department of Public Safety, an early retirement plan under O.C.G.A. § 47-2-223(b) was never part of the employee's contract of employment; therefore, the trial court erred by granting the employee's motion for summary judgment. Employees' Ret. Sys. of Ga. v. Melton, 294 Ga. App. 634, 669 S.E.2d 692 (2008), cert. denied, No. S09C0459, 2009 Ga. LEXIS 190 (Ga. 2009); overruled on other grounds by Wolfe v. Regents of the Univ. Sys. of Ga., 794 S.E.2d 85 (Ga. 2016).

Mandatory retirement age may not be waived.

- An agent of the Georgia Bureau of Investigation who has completed 25 years of creditable service towards retirement and who has reached the mandatory age limitation may not have the mandatory age restriction waived by the commissioner of public safety. 1972 Op. Att'y Gen. No. 72-155.

Effect of § 47-2-111. - O.C.G.A. § 47-2-111, enacted in 1993, will allow an agent of the Georgia Bureau of Investigation who is eligible for involuntary separation retirement benefits to elect retirement or to continue the agent's employment past the age of 55 and be entitled to the same projection 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.

ALR.

- Mandatory retirement of public officer or employee based on age, 81 A.L.R.3d 811.