Failure to resign timely.

- Since each of the two appellate court judges had attained the age of 70 in a previous term, and for each, the 75th birthday was a later date than the last day of the term in which each judge attained the age of 70, each judge was required to resign on or before the judge's 75th birthday, if the judge were to avoid the statutory penalties. Smith v. Miller, 261 Ga. 560, 407 S.E.2d 727 (1991).

Right to propose constitutional challenge waived.

- Appellate court judges' signing of the documents and participation in a plan offering an enhanced benefits package constituted a waiver of their right to propose constitutional challenges. Smith v. Miller, 261 Ga. 560, 407 S.E.2d 727 (1991).

Judge may elect optional appellate court benefits.

- Subsections (b) and (c) of O.C.G.A. § 47-2-244 state clearly that a judge may elect the optional appellate court benefits in lieu of any retirement allowances otherwise available under the Employees' Retirement System and in lieu of the appointment to or the holding of any emeritus office; this election of benefits under the appellate court judges program must be made within 60 days after the judge assumes office. The written election itself must state that the judge has elected to accept the appellate court benefits in lieu of any retirement allowances otherwise available under the Employees' Retirement System and in lieu of the appointment to or holding of any emeritus office. 1981 Op. Att'y Gen. No. 81-22.

Any judge meeting conditions and rendering required service may retire.

- Judge on the Georgia Court of Appeals may retire so long as the judge meets the written election and contribution conditions and has rendered ten years of public employment service on the appellate courts; this service is not required to be rendered and paid for in whole as a member of the Employees' Retirement System of Georgia. 1974 Op. Att'y Gen. No. U74-101.

Service which cannot be established under the Employees' Retirement System cannot be established in the appellate program. 1981 Op. Att'y Gen. No. 81-22.

Written notice to accept tendered within 60 days.

- Written notice stating one has elected to accept the benefits of this statute must be tendered by the appellate court judge to the board of trustees within 60 days after the judge qualifies and assumes the duties attendant to the judge's office on either appellate court. 1976 Op. Att'y Gen. No. U76-9 (see O.C.G.A. § 47-2-244).

Appellate court judge may withdraw first written notice electing benefits if consented to by trustees. 1971 Op. Att'y Gen. No. 71-108.

No legal bar to making a second written acceptance at a time after an effective withdrawal of the appellate court judge's first written election of benefits. 1971 Op. Att'y Gen. No. 71-108.

Appellate judge electing optional benefits waives other retirement benefits.

- Any Judge of the Court of Appeals of Georgia who elects the optional benefits provided by this statute automatically waives in writing any entitlement to other retirement benefits, at the same time divesting oneself of any right to any contributions previously made to the retirement system. 1974 Op. Att'y Gen. No. U74-101 (see O.C.G.A. § 47-2-244).

Electing optional benefits waives entitlement to any emeritus office.

- Any appellate court judge electing the benefits provided by this statute does so in lieu of any retirement allowances otherwise available under the retirement system and in lieu of the appointment to or the holding of any emeritus office; the judge waives in writing any entitlement to any emeritus office and elects to retire solely and only under the provisions and benefits of this statute. 1976 Op. Att'y Gen. No. U76-9 (see O.C.G.A. § 47-2-244).

Electing optional benefits waives per diem allowance granted emeritus judges.

- An appellate court judge who has formerly served as a judge of the superior court would have to resign as judge of the superior courts emeritus (now senior judge) before taking advantage of this statute and could not receive the per diem allowance granted emeritus judges in the judge's former circuit. 1971 Op. Att'y Gen. No. U71-82 (see O.C.G.A. § 47-2-244).

Waiver of senior judge appointment.

- Judge who elects the appellate court judges retirement benefits gives up or waives the judge's right to appointment as a senior judge. 1981 Op. Att'y Gen. No. 81-22.

Contributions made prior to election refunded.

- Any contributions of salary made until the time an appellate court judge elected the benefits of this statute should be refunded. 1974 Op. Att'y Gen. No. U74-101 (see O.C.G.A. § 47-2-244).

Conversion of Employees' Retirement System service into appellate court service.

- After purchasing and establishing superior court bench service as Employees' Retirement System service, a judge may convert it to service credit under the appellate judges program pursuant to subsection (k) of O.C.G.A. § 47-2-244, which authorizes an appellate court judge to convert Employees' Retirement System service to appellate court service credit on the basis of two years of creditable service under Employees' Retirement System equaling one year of appellate service credit. For example, 13 1/2 years of Employees' Retirement System service could be converted to 6 3/4 years of appellate court service credit. 1981 Op. Att'y Gen. No. 81-22.

Election under O.C.G.A. § 47-2-244(k) may be made at any time prior to retirement. 2000 Op. Atty. Gen. No. U2000-8.

Convert service to bring total to ten years.

- If a judge does not have ten years of public employment service on the appellate bench so as to entitle the judge to retire under subsection (f) of this statute, the judge may then look to subsection (k) of this statute and convert such service as is necessary to bring the judge's total to ten years. 1974 Op. Att'y Gen. No. U74-101 (see O.C.G.A. § 47-2-244).

Cannot transfer service as superior court judge, solicitor general, or district attorney.

- There is no statutory authorization for the transfer of creditable service accrued as a superior court judge, a solicitor general, or a district attorney under the emeritus provisions to the retirement program established by this statute. 1976 Op. Att'y Gen. No. U76-9 (see O.C.G.A. § 47-2-244).

Appellate court judge may defer superior court service.

- Appellate court judge may defer the purchase, establishment, and conversion of superior court bench service into the appellate judges program until such time as the judge wishes, but prior to retirement. 1981 Op. Att'y Gen. No. 81-22.

Judge, upon incapacity, entitled to proportionate benefits.

- An appellate court judge who has served more than nine years, but less than ten years, as an appellate court judge may, upon incapacity, be paid retirement benefits at the rate of nine-tenths of the full benefits which would have been allowed had the judge completed ten years of service. 1974 Op. Att'y Gen. No. U74-100.

Benefits from separate retirement systems.

- Person may receive benefits from both the Judicial Retirement System and the appellate judge's option of the Employee's Retirement System, assuming the eligibility requirements of both statutes have been met. 2000 Op. Atty. Gen. No. U2000-8.

When person receives 75 percent of present-day salary.

- After ten years of service as an appellate court judge, the judge may retire at any age and yet be entitled at the age of 65 to receive during the rest of the judge's life a retirement benefit of 75 percent of the salary of an appellate court judge then serving in the office from which the judge retired. 1971 Op. Att'y Gen. No. 71-203.

Contributions of judge, ineligible for retirement, refunded.

- Should an appellate court judge electing the benefits of this statute leave the appellate bench by way of a reason other than death, and is not eligible for retirement benefits, the judge's accumulated contributions should be refunded to the judge. 1976 Op. Att'y Gen. No. U76-9 (see O.C.G.A. § 47-2-244).

Widow of judge completing required service entitled to benefits.

- Widow of a judge who has completed ten years of service, then has stepped down from the bench, and who died prior to attaining age 65, would be entitled to the benefits provided for under this statute. 1971 Op. Att'y Gen. No. 71-203 (see O.C.G.A. § 47-2-244).

Spouse of judge waiving eligibility not entitled to benefits.

- When, under subsection (c) of O.C.G.A. § 47-2-244, a judge waives or foregoes eligibility for appointment as senior judge by electing the appellate court judges program, it seems clear that the judge's spouse would have no further right to benefits from the emeritus fund in the event of the death of the judge. 1981 Op. Att'y Gen. No. 81-22.

Benefits increase in event present appellate salary increases.

- In the event a salary increase is provided by law for present appellate court judges, the retirement benefits currently being paid to retired appellate court judges and the spouses of deceased appellate court judges entitled to benefits increase on a proportionate basis under the provisions of this statute. 1978 Op. Att'y Gen. No. U78-5 (see O.C.G.A. § 47-2-244).