Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Except as provided in Code Section 47-2-265, each full-time employee of a district attorney, which employee is compensated through funds appropriated by the General Assembly, shall be a member of this retirement system as a condition of employment. Any such employee who is already a member of this retirement system by virtue of service with another employer shall be entitled to credit for all service rendered while an employee under the retirement system. All contributions required under this chapter shall be paid from funds appropriated or otherwise available. The Prosecuting Attorneys' Council of the State of Georgia shall deduct from the state salaries paid to such members the employee contributions required by this chapter.
(Code 1981, §47-2-267, enacted by Ga. L. 1998, p. 172, § 1; Ga. L. 2009, p. 753, § 6/SB 109.)
The 2009 amendment, effective July 1, 2010, deleted "for the operation of the superior courts" following "available" at the end of the third sentence and substituted "Prosecuting Attorneys' Council of the State of Georgia" for "Department of Administrative Services" at the beginning of the last sentence.
Anything in this chapter to the contrary notwithstanding, any member with prior service credits who previously was employed by the Peace Officers' Annuity and Benefit Fund shall be eligible to receive credit for such service with the Peace Officers' Annuity and Benefit Fund by paying the regular employer and employee's contribution, including regular interest that would have accumulated on those contributions during such period of employment. In the computation of such contributions and interest, the compensation of such member shall be deemed to have been the same as the compensation such member received on the date of first becoming a member.
(Ga. L. 1962, p. 701, § 1.)
(Ga. L. 1953, Nov.-Dec. Sess., p. 305, §§ 1-5; Ga. L. 1982, p. 3, § 47; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 92, § 1; Ga. L. 2009, p. 753, § 7/SB 109; Ga. L. 2010, p. 1207, § 64/SB 436.)
The 2009 amendment, effective July 1, 2010, in subsection (a), in the fifth sentence, substituted "Council of State Court Judges of Georgia" for "commissioner of administrative services" twice, substituted "or otherwise available" for "for the operation of the superior courts of this state" in the middle, and inserted "for judges and employees of the state courts" near the end, and added the last sentence.
The 2010 amendment, effective July 1, 2010, substituted "The Council" for "the Council" in the fifth sentence of subsection (a).
- 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."
Ga. L. 2010, p. 1207, § 67, not codified by the General Assembly, provides that: "In the event of an irreconcilable conflict between a provision of Sections 62 through 64 of this Act and a provision of another Act enacted at the 2010 regular session of the General Assembly, the provision of such other Act shall control over this Act to the extent of the conflict."
- It is clear that, under the language of this statute, the General Assembly used permissive words and not mandatory provisions. A close analysis of the provisions reveals that the governing authority of the county in which the court is located can deduct or collect employee contributions only from members, and there is no authorization contained therein that contributions shall apply in a mandatory manner to all officers and employees of the courts. This restrictive language, considered with the permissive words "authorized to become members," clearly shows this statute to be permissive and not mandatory. 1957 Op. Att'y Gen. p. 225 (see O.C.G.A. § 47-2-290).
Person who is both state court judge and juvenile court judge may simultaneously belong to the Employees' Retirement System, if otherwise eligible, and the Trial Judges and Solicitors Retirement Fund. 1981 Op. Att'y Gen. No. 81-6.
Ga. L. 1953, Jan.-Feb. Sess., p. 349, § 2 (see O.C.G.A. § 47-2-70) does not apply to Ga. L. 1953, Nov.-Dec. Sess., p. 305, §§ 1-5 (see O.C.G.A. § 47-2-290). 1957 Op. Att'y Gen. p. 225.
Merit system must be established for employees on a court to come under the retirement system. 1957 Op. Att'y Gen. p. 226.
Statute has no effect upon jurisdiction of state courts. 1970 Op. Att'y Gen. No. U70-93 (see O.C.G.A. § 47-2-290).
- 60A Am. Jur. 2d, Pensions and Retirement Funds, §§ 1166 et seq., 1182, 1197 et seq.
- 67 C.J.S., Officers and Public Employees, §§ 161, 316 et seq.
No results found for Georgia Code 47-2-267.