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2018 Georgia Code 47-2-241 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 47-2-241 Case Law from Google Scholar Amendments to OCGA 47-2-241

TITLE 47 RETIREMENT AND PENSIONS

Section 2. Employees' Retirement System of Georgia, 47-2-1 through 47-2-360.

ARTICLE 8 PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES

47-2-241. Membership in retirement system of Judges of Court of Appeals; appointment to Judge Emeritus of Court of Appeals; contributions; creditable service; survivors benefits.

The provisions of this or any other law to the contrary notwithstanding, any person who becomes a Judge of the Court of Appeals after April 1, 1964, shall be a member of the retirement system and shall not be eligible for appointment as Judge Emeritus of the Court of Appeals. The prohibition against such appointment shall not apply to any person holding the office of Judge of the Court of Appeals on April 1, 1964. Any person serving as Judge of the Court of Appeals on that date must notify the director of the Employees' Retirement System of Georgia on or before March 31, 1965, if he desires to become a member of the retirement system and shall otherwise be ineligible for membership. No Judge of the Court of Appeals shall be allowed to rescind notification nor shall he be allowed to give notification after March 31, 1965. Any Judge of the Court of Appeals who becomes a member of the retirement system shall, upon the effective date of his membership, begin making regular employee contributions under this chapter and shall be entitled to all retirement allowances and credits under this chapter in the same manner as if he had become a member of the retirement system on January 1, 1950, which credits shall include credit for prior service and any services performed by him as an employee subsequent to that date. All employer contributions which would have been reported for the Judges of the Court of Appeals between January 1, 1950, and April 1, 1964, shall be paid by the employer into the pension accumulation fund in such manner and over such period of time as shall be agreed upon between the board of trustees and the employer. Eligibility for survivors benefits under Code Section 47-2-128 shall be determined on the same basis as that applicable to all other members who were in state employment on or after January 1, 1953. The amounts of any survivors benefits payable shall be based upon the age of the Judge of the Court of Appeals on the effective date of his membership with the retirement system. Eligibility for survivors benefits for any person who enters on duty as a Judge of the Court of Appeals after April 1, 1964, shall be determined in the same manner as for any other new member of the retirement system.

(Ga. L. 1964, p. 115, § 1.)

Cross references.

- Creditable service not allowed for military service from which discharge was other than honorable, § 47-1-11.

OPINIONS OF THE ATTORNEY GENERAL

Appellate judge retains right to be appointed senior judge.

- If an appellate court judge were to become a member of the retirement system, the judge could assume the office of Judge of the Georgia Court of Appeals or Justice of the Georgia Supreme Court and still retain the judge's right to be appointed as judge of the superior courts emeritus (now senior judge) at the conclusion of the judge's service on either appellate court. 1976 Op. Att'y Gen. No. U76-9.

Appellate judges serving in 1964 continue contributing same amount.

- Justices on the Supreme Court of Georgia and Judges on the Court of Appeals of Georgia, who were serving as appellate judges on April 1, 1964, are to be afforded group term insurance protection (formerly survivor benefits) on the same basis as if the judges had been members of the retirement system on January 1, 1953, or after, including the right to retain full life insurance coverage after retirement pursuant to the conditions in Ga. L. 1977, p. 670, § 1 (see O.C.G.A. § 47-2-128(g)). 1977 Op. Att'y Gen. No. U77-20.

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