O.C.G.A. § 47-2-70 (2019)
Determination of membership; termination of membership
(a) After January 1, 1950, any person who becomes an employee of any employer which operates under a merit system of personnel administration and which is covered by the retirement system shall become a member of the retirement system as a condition of his or her employment, except as otherwise specifically excluded. (b) The membership of any person shall terminate if he or she retires under this retirement system, withdraws his or her contributions, or renders less than one year of service within a period of five consecutive years as a member. No benefit under the retirement system shall accrue to a member’s account while he or she is not in service as an employee and no contribution shall be made to the retirement system by the member, the state, or any other employer during any such time. (c) The board of trustees may continue the membership of any person while such person is on leave of absence with stipend for professional training when such leave is approved in writing by the employer for which the employee renders service, provided that a member who receives a stipend while on leave for professional training shall make a monthly contribution to the retirement system, which contribution shall be the same basic percentage of his or her salary as an employee as he or she contributed in the last month prior to the effective date of leave. A member shall be considered as being in service while on such leave.
History
(Ga. L. 1949, p. 138, § 3; Ga. L. 1951, p. 394, § 2; Ga. L. 1953, Jan.-Feb. Sess., p. 349, § 2; Ga. L. 1959, p. 107, § 2; Ga. L. 2010, p. 1207, § 7/SB 436.)
Annotations
Editor’s notes. - Ga. L. 2010, p. 1207,
OPINIONS OF THE ATTORNEY GENERAL (see O.C.G.A. § 47-2-290). 1957 Op. Att’y Gen. p. 225. Interest should not accrue when member out of service. - Interest should not accrue to member’s account while member is not in service as employee. 1971 Op. Att’y Gen. No. 71-26. Former member cannot claim increase by law authorizing additional benefits. - Primary ‘‘object’’ or purpose of the language in subsection (c) of this statute is to prevent a former member presently receiving a retirement benefit from claiming increased benefits as a result of an amendment to the law authorizing such additional benefits to existing members; this was not intended to prevent a former member from obtaining service credits or benefits which one is rightfully entitled to prior to one’s retirement, but which one never receives by virtue of an honest mistake or error in one’s records. 1976 Op. Att’y Gen. No. 76-58 (see O.C.G.A. § 47-2-70). Provision in subsection (c) of this statute, that no benefit under the retirement system shall accrue to a member’s account while the member is not in service as an employee, was intended to prevent a former member presently receiving a retirement benefit from claiming increased benefits as a result of any amendment to the law authorizing additional or increased benefits for existing members. 1977 Op. Att’y Gen. No. 77-24 (see O.C.G.A. § 47-2-70).
Governor’s office is statutorily covered agency. - All officials and employees of any state department or agency are included within the Employees’ Retirement System of Georgia, whether such officials and employees are in the classified or unclassified service; the Governor’s office would be includable as a department or agency within the meaning of Ga. L. 1949, p. 138 et seq. 1973 Op. Att’y Gen. No. 73-39. Historic Chattahoochee Commission is not a statutorily covered agency within the meaning of Ga. L. 1949, p. 138 et seq. 1979 Op. Att’y Gen. No. 79-14. Department of Education employees included. - Under existing law, current and future employees of the State Department of Education must be included within the membership of the Employees’ Retirement System of Georgia. 1983 Op. Att’y Gen. No. 83-2. Since the employees of the State Department of Education are employed within a state board or department, the mandatory inclusion under the Employees’ Retirement System in O.C.G.A. § 47-2-70 completely supplanted and repealed by implication any inclusion of such employees under the definition of ‘‘teacher’’ in O.C.G.A. § 47-3-1(28). 1983 Op. Att’y Gen. No. 83-2. 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
fit’’ that has accrued and is not proscribed by subsection (c) of O.C.G.A. § 47-2-70. 1999 Op. Att’y Gen. No. 99-10.
Right to receive a retirement allowance after 25 years of service, provided for in O.C.G.A. § 47-2-120(e), is not a new ‘‘bene-
RESEARCH REFERENCES Am. Jur. 2d. - 60A Am. Jur. 2d, Pensions and Retirement Funds, §§ 1166 et seq., 1197 et seq.
C.J.S. - 67 C.J.S., Officers and Public Employees, § 316 et seq. 81A C.J.S., States, § 216.