O.C.G.A. § 47-23-103 (2019)
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.
History
(Code 1981, § 47-23-102, enacted by Ga. L. 1998, p. 513, § 1; Ga. L. 2009, p. 947, § 33/HB 202.)
Annotations
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, § 1, was redesignated as Code Section 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Code of Georgia Annotated created by such Act,’’, the amendments to subsection (b) of Code Section 47-9-70 (which was repealed by Ga.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, § 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.