O.C.G.A. § 47-2-73 (2019)
Election of retirement system by members of Georgia Judicial Retirement System; effect of subsequent legislation
(a)(1) Any provision of this chapter or Chapter 23 of this title to the contrary notwithstanding, any member of the Georgia Judicial Retirement System who is vested for a normal retirement benefit and who without a break in service becomes the head of a state department or agency or who is appointed by the Governor to a full-time salaried position on a state board or commission may make a one time irrevocable election to remain a member of the Georgia Judicial Retirement System or to become a member of this retirement system.
(2) If a person subject to this subsection elects to remain a member of the Georgia Judicial Retirement System, the employer and employee shall make all contributions to such retirement system and perform such other acts as are required by law or regulation.
(3) This subsection shall be applicable to each person who was a member of the Georgia Judicial Retirement System on July 1, 2000, and to any person who becomes a member after that date. Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees of this retirement system and the Board of Trustees of the Georgia Judicial Retirement System not later than September 30, 2000, or within 60 days after the date he or she became subject to this Code section. Once made, the election is irrevocable.
(4) Any person subject to this subsection who elects to become a member of this retirement system may have accumulated contributions under the Georgia Judicial Retirement System transferred to this retirement system. The Board of Trustees of the Georgia Judicial Retirement System shall pay to the board of trustees of this retirement system all employer and employee contributions made by or on behalf of the member, together with regular interest. The member shall be granted only so much creditable service as such amount will warrant without creating any accrued actuarial unfunded liability as to this retirement system; provided, however, that such service credits shall not be used in determining the qualifications of a member for benefits other than vested rights or disability, death, or normal service retirement allowances.
(b) The provisions of this Code section shall not become a part of the employment contract and shall be subject to subsequent legislation; provided, however, that no person who has made the election provided by this Code section shall be affected by any subsequent legislation.
History
(Code 1981, § 47-2-73, enacted by Ga. L. 2000, p. 1693, § 1.)
Annotations
OPINIONS OF THE ATTORNEY GENERAL rules and regulations of the board of trustees adopted thereunder must be followed as to the manner and method in which this forfeited leave is documented and certified as to any tax officials and employees not covered by a county merit system or other established leave practice or policy. 1979 Op. Att’y Gen. No. 79-69 (decided under Ga. L. 1949, p. 138, § 4). Forfeited leave may be used as creditable service for computing beneficiary’s death allowances in the event of the death in service of a constitutional officer, or any other eligible member of the retirement system, so long as all other requirements for death allowances are met. 1979 Op. Att’y Gen. No. 79-34 (decided under Ga. L. 1949, p. 138, § 4).
Editor’s notes. - In light of the similarity of the provisions, decisions under Ga. L. 1948, p. 138, § 4, as amended, are included in the annotations for this article. When retirement benefits become vested. - Retirement rights become vested in the claimant immediately upon any participation in active service while the civil service provisions are in effect, irrespective of whether at the time in question the claimant has completed sufficient length of service to be eligible for retirement as a matter of right; such rights cannot be constitutionally divested by any subsequent Act of the General Assembly. 1971 Op. Att’y Gen. No. 71-5 (decided under Ga. L. 1949, p. 138, § 4). Retirement credit authorized to county tax officials for forfeited leave, and the
T.47, C.2, A.5 EMPLOYEES’ RETIREMENT SYSTEM OF GEORGIA
RESEARCH REFERENCES ployee as affecting computation of length of service for retirement or pension purposes, 6 ALR2d 506. Constitutionality, construction, and application of statute or ordinance providing for reduction of pension or retirement benefit of public officer or employee because of independent income, 7 ALR2d 692.
C.J.S. - 67 C.J.S., Officers and Public Employees, § 316 et seq. 81A C.J.S., States, § 216. ALR. - Statute or ordinance providing pension for public officers or employees as available to one who had left service before the passage of the statute, 142 ALR 938. Disciplinary suspension of public em-