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2018 Georgia Code 47-2-96 | Car Wreck Lawyer

TITLE 47 RETIREMENT AND PENSIONS

Section 2. Employees' Retirement System of Georgia, 47-2-1 through 47-2-360.

ARTICLE 5 SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS

47-2-96. Prior service credit; payments required to obtain credit.

  1. Any member of this retirement system who was previously an active member of the Georgia Judicial Retirement System and who has not withdrawn his or her employee contributions from such retirement system may elect to have all contributions made by or on behalf of such member transferred from such retirement system to this retirement system. Any such member shall notify the board of trustees of each retirement system.
  2. Upon receipt of the notice provided for in subsection (a) of this Code section, the Board of Trustees of the Georgia Judicial Retirement System shall transfer to the board of trustees of this retirement system all employer and employee contributions paid by or on behalf of the employee, together with regular interest thereon. The member is authorized, but not required, to pay such additional amount to the board of trustees as the member desires.
  3. If a member of this retirement system has withdrawn his or her employee contributions from the Georgia Judicial Retirement System, he or she may obtain creditable service in this retirement system as provided in subsection (d) of this Code section by paying to the board of trustees of this retirement system such amount as the member desires.
  4. Upon receipt of the funds provided for in subsection (b) or (c) of this Code section, the board of trustees of this retirement system shall credit the member with only the number of years of creditable service, not to exceed the actual years of prior service, as the amount so transferred or paid shall warrant without creating any accrued liability as to this retirement system; provided, however, that no member shall be granted creditable service in excess of the service to which he or she was credited under the Georgia Judicial Retirement System.

(Code 1981, §47-2-96, enacted by Ga. L. 2014, p. 169, § 1/HB 477.)

Effective date.

- This Code section became effective July 1, 2014.

Editor's notes.

- The former Code section was based on Ga. L. 1949, p. 138, § 4; Ga. L. 1953, Nov.-Dec. Sess., p. 160, § 3; Ga. L. 1956, p. 54, § 4; Ga. L. 1957, p. 283, § 3; Ga. L. 1959, p. 107, § 3; Ga. L. 1960, p. 1020, § 1; Ga. L. 1960, p. 1115, § 1; Ga. L. 1961, p. 143, § 3; Ga. L. 1964, p. 158, § 1; Ga. L. 1964, p. 237, § 1; Ga. L. 1967, p. 751, § 2; Ga. L. 1969, p. 1015, § 2; Ga. L. 1971, p. 93, § 2; Ga. L. 1972, p. 360, §§ 1, 2; Ga. L. 1981, p. 1447, § 1; Ga. L. 1982, p. 3, § 47; Ga. L. 1983, p. 1856, § 1; Ga. L. 1986, p. 1233, § 2; Ga. L. 1990, p. 521, § 1; Ga. L. 1994, p. 337, § 1; Ga. L. 2000, p. 131, § 1; Ga. L. 2000, p. 1506, § 1; Ga. L. 2002, p. 1246, § 2.

Cases Citing O.C.G.A. § 47-2-96

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Horton v. State Employees Ret. Sys., 421 S.E.2d 703 (Ga. 1992).

Cited 8 times | Published | Supreme Court of Georgia | Oct 16, 1992 | 262 Ga. 458, 92 Fulton County D. Rep. 2379

...eviously had been allowed, without charge, for those who had served prior to July 1, 1953. After Horton was hired, a statute was enacted crediting those hired before April 1, 1972, with military service prior to January 1, 1954, without charge. OCGA § 47-2-96 (e)....
...n. In 1981, the legislature enacted a statute allowing purchase of credit for military service during the Vietnam war, August 5, 1964 *459 through May 7, 1975, for the amount of the employees' contribution with 4 1/2 percent interest. This act, OCGA § 47-2-96 (f), did not affect either of the plaintiffs. However, in a 1983 act, as amended in 1986, the General Assembly provided for the purchase of time served in the military between January 1, 1954, and August 5, 1964, by payment of the employees' contribution plus 15 percent interest. OCGA § 47-2-96 (g)....
...Lithonia Lighting Co., 256 Ga. 49, 52 (3) (343 SE2d *460 688) (1986). The trial court correctly noted: The Equal Protection Clause does not require the Legislature to treat all veterans exactly alike. If the Legislature seeks to reward those veterans through OCGA § 47-2-96 who served on active duty as opposed to those who served in the reserves, or the national guard with additional retirement benefits, it is entitled to do so....