TITLE 47
RETIREMENT AND PENSIONS
Section 2. Employees' Retirement System of Georgia, 47-2-1 through 47-2-360.
ARTICLE 10
GEORGIA STATE EMPLOYEES' PENSION AND SAVINGS PLAN
47-2-354. Conditions; rights, privileges, obligations, and duties.
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Members subject to this article shall be subject to the following conditions:
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The following provisions shall not be applicable to members subject to this article:
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Subsection (d) of Code Section 47-2-120;
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Paragraph (1) of subsection (c) of Code Section 47-2-123;
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Code Section 47-2-124; and
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Code Section 47-2-334;
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Except as provided in Chapter 1 of this title and in Code Sections 47-2-99 and 47-2-100, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to Code Section 47-2-352. The provisions of this paragraph shall not affect the transfer of creditable service between public retirement systems created by this title under such conditions as are now or may hereafter be provided by law;
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The provisions of Code Section 47-2-91 shall be applicable to members subject to this article; provided, however, that such benefits shall be subject to reduction or repeal by subsequent legislation and shall not be considered an element of any contract of employment;
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Disability benefits shall be calculated as provided in paragraph (2) of subsection (c) of Code Section 47-2-123; provided, however, that the disability benefits of persons entitled to the provisions of Code Section 47-2-221 shall be calculated as provided in such Code section but with the benefit computed on 1 percent of the member's monthly earnable compensation;
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Members subject to the provisions of this article shall not be entitled to group term life insurance coverage pursuant to Code Section 47-2-128 or 47-2-129; and
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Members subject to Code Section 47-2-244 shall be entitled to the provisions of such Code section.
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All members subject to this article shall have and be subject to all other rights, privileges, obligations, and duties specified by other provisions of this chapter, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this article.
(Code 1981, §47-2-354, enacted by Ga. L. 2008, p. 1005, § 1/SB 328; Ga. L. 2010, p. 1207, § 39/SB 436.)
The 2010 amendment,
effective July 1, 2010, in subsection (a), added "and" at the end of paragraph (a)(5), substituted a period for "; and" at the end of paragraph (a)(6), and deleted former paragraph (a)(7), which read: "Members subject to the provisions of Code Section 47-2-223 or 47-2-224 shall be entitled to retire as provided in subsection (b) of each such Code section but shall receive a monthly benefit based on 1 percent of his or her highest average compensation rather than the percentage stated in such subsections."
Editor's notes.
- Ga. L. 2010, p. 1207,
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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."
