TITLE 47
RETIREMENT AND PENSIONS
Section 23. Georgia Judicial Retirement System, 47-23-1 through 47-23-124.
ARTICLE 6
SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS
47-23-102. Vesting; benefits upon retirement; compliance with federal income tax laws.
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The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service; provided, however, that no member shall receive a retirement benefit prior to attaining the age of 60 years. Except as otherwise provided in Article 2 of Chapter 1 of this title, a member's accumulated contributions shall be 100 percent vested and nonforfeitable at all times. Any member retiring on or after July 1, 1996, and any member who was retired on July 1, 1996, with 16 years or more of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each year of creditable service over 16 years, of the member's salary; provided, however, that no member shall receive more than 24 years of creditable service. Any member retiring with less than 16 years of creditable service may retire at a reduced benefit pursuant to Code Section 47-23-103. Normal retirement age under this retirement system shall be the date the member has reached age 60 years of age, provided that he or she has at least ten years of creditable service. For purposes of Section 402(1) of the federal Internal Revenue Code regarding distributions from governmental plans for health and long-term care insurance for public safety officers, normal retirement age shall be the earliest date when the member has satisfied the requirements for a retirement under this or the predecessor retirement system. Except as otherwise provided in Article 2 of Chapter 1 of this title, a member's right to his or her retirement allowance is nonforfeitable upon attainment of normal retirement age. Any member who was retired on July 1, 1996, with more than 16 years of creditable service shall receive in July, 1998, a one-time benefit payment equal to two times the product of 1 percent of the salary paid to such judge at the time of his or her retirement multiplied by the number of years of creditable service in excess of 16 years.
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The board is authorized to provide by rule or regulation for the payment of benefits to members or beneficiaries of the retirement system at a time and under circumstances not provided for in this chapter to the extent that such payment is required to maintain the retirement system as a qualified retirement plan for the purposes of federal income tax laws and regulations.
(Code 1981, §47-23-102, enacted by Ga. L. 1998, p. 513, § 1; Ga. L. 2009, p. 947, § 33/HB 202; Ga. L. 2013, p. 681, § 1/SB 142.)
The 2009 amendment,
effective May 11, 2009, added the second sentence, and added the fifth through seventh sentences.
The 2013 amendment,
effective July 1, 2013, designated the existing provisions as subsection (a) and added subsection (b).
Code Commission notes.
- Pursuant to Code Section 28-9-5, in 2002, Code Section 47-23-102 as enacted by Ga. L. 2002, p. 1153,
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1, was redesignated as Code Section 47-24-102.
Editor's notes.
- Pursuant to Section 2 of Ga. L. 1998, p. 147, which reads, "If that legislation creating the Georgia Judicial Retirement System, designated as 1997 House Bill 751, is enacted and becomes law, this Act shall amend Code Section 47-23-102 of the Official Code of Georgia Annotated created by such Act,", the amendments to subsection (b) of Code Section 47-9-70 (which was repealed by Ga. L. 1998, p. 513,
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2) and newly enacted Code Section 47-23-102 were construed together to read as set out above.
JUDICIAL DECISIONS
Cited in
McKelvey v. Ga. Judicial Ret. Sys., 297 Ga. App. 650, 678 S.E.2d 120 (2009).
OPINIONS OF THE ATTORNEY GENERAL
Benefits from separate retirement systems.
- Person may receive benefits from both the Judicial Retirement System and the appellate judge's option of the Employee's Retirement System, assuming the eligibility requirements of both statutes have been met. 2000 Op. Atty. Gen. No. U2000-8.
Calculation of benefits.
- Benefits payable to a judge with more than 16 years of creditable service are based on the salary of a superior court judge on the date of retirement, not the actual salary of the former superior court judge seeking to retire. 2000 Op. Atty. Gen. No. U2000-8.
