O.C.G.A. § 47-22-11 (2019)
Retirement; option to receive periodic payment
Any member shall be entitled to retire upon attaining the age of 65. Such member shall have the option to receive a periodic payment as permitted by the board.
History
(Code 1981, § 47-22-11, enacted by Ga. L. 1992, p. 1288, § 1; Ga. L. 2005, p. 535, § 29/HB 460.)
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CHAPTER 23 GEORGIA JUDICIAL RETIREMENT SYSTEM
Article 1
General Provisions.
47-23-1. Definitions.
Article 2
Administration and Management.
47-23-20. Administration; membership of the board; term; compensation; quorum.
47-23-21. Authority of board.
47-23-22. Control of funds; investments.
47-23-23. Gifts.
47-23-24. Records; audited annual financial statement.
47-23-25. Payment of administrative expenses.
47-23-26. Administration of fund.
47-23-27. Legal adviser.
47-23-28. Transfer of contributions from earlier funds.
47-23-29. Survivors benefits - Group term life insurance.
47-23-30. Contract for group term life insurance protection.
47-23-31. Plan year designated.
Article 3
Membership in the System.
47-23-40. Eligibility.
47-23-41. Employee contributions.
47-23-42. Judges and solicitors-general of state courts ineligible.
47-23-43. Preservation of prior rights under this Code section by certain attorneys employed by Legislative Counsel or Department of Law.
47-23-44. Members receiving benefits from predecessor retirement systems; creditable service with other systems.
47-23-45. Effect of change in employment.
47-23-46. Members from District Attorneys' Retirement System.
47-23-47. Transfer of members' contributions.
47-23-48. Election of retirement system; effect of subsequent legislation.
47-23-49. Irrevocable election by individuals employed but previously ineligible; creditable service [Repealed].
47-23-50. Retirement options for state judges serving Fulton County.
Article 4
Service Creditable.
47-23-60. Transfer of service credits.
47-23-61. Establishing creditable service.
47-23-62. Obtaining creditable service; obtaining creditable service in other systems; calculations.
47-23-63. Definition and effect of full-time and part-time service; calculations.
47-23-64. Transfer of funds from Employees' Retirement System of Georgia by judges, solicitor general, or district attorneys; crediting service.
47-23-65. Creditable service for certain prior service.
Article 5
Contributions.
47-23-80. Contributions by superior court judges and district attorneys; employer contributions.
47-23-81. Contributions by judges and solicitors-general of state courts; employer contributions; reports required.
47-23-82. Contributions by juvenile court judges; employer contributions; reports required.
47-23-83. Termination of membership prior to vesting.
47-23-84. Payment of remainder of accumulated contributions upon death.
Article 6
Salary, Retirement, Death, and Disability Benefits.
47-23-100. Salary defined.
47-23-101. Calculation of benefits based on salary after July 1, 1998.
47-23-102. Vesting; benefits upon retirement; compliance with federal income tax laws.
47-23-103. Retirement based on age; application to retire.
47-23-104. Disability; determination of benefits; determining disability.
47-23-105. Spouses' benefits; ceasing spouses' benefits; vesting; designation of survivors benefits; member who rejected survivor's benefits may later elect such benefits by paying actuarial cost; applicability.
47-23-105.1. Modification of retirement allowance.
47-23-106. County supplement of salaries.
47-23-107. Appointing beneficiary.
47-23-108. Withdrawal of funds.
47-23-109. Cessation of retirement allowance for resuming state service; required notification.
47-23-110. Service as a senior judge.
Article 7
Miscellaneous Provisions.
47-23-120. No abridgement of rights under predecessor retirement provisions.
47-23-121. Exemption from levy and sale, garnishment or attachment.
47-23-122. Falsification of records; correction of errors; participation in Employees' Retirement System or Superior Court Judges Retirement Fund.
47-23-123. Participation in Superior Court Judges Retirement Fund, District Attorneys Emeritus, and District Attorneys Retirement Fund.
47-23-124. Legislative intent.
Annotations
Cross references. - Reimbursement of Department of Law by Employees' Retirement System of Georgia, Teachers Retirement System of Georgia, for legal services, § 45-15-37.
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes. - In light of the similarity of the provisions, opinions under Ga. L. 1976, p. 586 are included in the annotations for this chapter.
Superior court judges eligible for one of three retirement systems: (1) Superior Court Judges Retirement Fund of Georgia (Ch. 8 of this title, § 47-8-1 et seq.), (2) Trial Judges and Solicitors Retirement Fund (former Ch. 10 of this title), and (3) Superior Court Judges Retirement System (former Ch. 9 of this title) depending mainly on the date of assuming office. 1976 Op. Att'y Gen. No. 76-86 (decided under Ga. L. 1976, p. 586).
Membership in Superior Court Judges Retirement System. - Superior court judge who took office as such after June 30, 1968, and who did not become a member of the Trial Judges and Solicitors Retirement Fund, is authorized and required to become a member of the Superior Court Judges Retirement System under Ga. L. 1976, p. 586, § 8. 1976 Op. Att'y Gen. No. U76-49 (decided under Ga. L. 1976, p. 586).
Simultaneous membership in two systems. - One who is both a state court judge and a juvenile court judge may simultaneously belong to the Employees' Retirement System (Ch. 2 of this title, O.C.G.A. § 47-2-1 et seq.), if otherwise eligible, and the Trial Judges, and Solicitors Retirement Fund. 1981 Op. Att'y Gen. No. 81-6 (decided under Ga. L. 1976, p. 586).
Applicability of Ga. L. 1976, p. 586 to non-member of fund under this chapter. - A judge who has never been a member of either the Trial Judges and Solicitors Retirement Fund or the Superior Court Judges Retirement Fund of Georgia (see O.C.G.A. § 47-8-1 et seq.), and has not performed any service under nor made contributions pursuant to either of these provisions, cannot be vested with any rights, benefits, or elections granted and contained in those provisions, and, accordingly, Ga. L. 1976, p. 586, § 39 had no application to such judge..
Applicability of amendments. - If a former member makes no contributions to the fund and performs no services as a member after amendments become effective, they do not apply to him. 1980 Op. Att'y Gen. No. 80-155 (decided under Ga. L. 1976, p. 586).
RESEARCH REFERENCES
ALR. - Gift to or for employees' pension fund as valid charitable gift or trust, 28 A.L.R.2d 428.
Vested right of pensioner to pension, 52 A.L.R.2d 437.
Relationship between performance of official duties and subsequent disability or death, for purpose of pension or survivorship benefits of government employee other than fireman, policeman, or military personnel, 85 A.L.R.2d 1048.
Mandatory retirement of public officer or employee based on age, 81 A.L.R.3d 811.
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ARTICLE 1 GENERAL PROVISIONS