O.C.G.A.

O.C.G.A. § 47-23-40 (2019)

Eligibility

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Any person who on June 30, 1998, was an active, inactive, or retired member of a predecessor retirement system shall be transferred to this retirement system in the same status effective July 1, 1998. Any person who on June 30, 1998, was a beneficiary of a predecessor retirement system shall become a beneficiary of this retirement system in the same status effective July 1, 1998; provided, however, that, except as otherwise expressly provided, the benefits of any beneficiary so transferred shall continue to be calculated as such benefits were calculated on June 30, 1998.

History

(Code 1981, § 47-23-40, enacted by Ga. L. 1998, p. 513, § 1.)

Annotations

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 Code section. Judge not member of trial judges fund joins 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 retirement system. 1976 Op. Att’y Gen. No. U76-49 (decided under Ga. L. 1976, p. 586). New judge after 1976 becomes member of this system. - One becoming a superior court judge for the first time after December 31, 1976, must belong to the Superior Court Judges Retirement System, and may not belong to the Superior Court Judges Retirement Fund of Georgia (see O.C.G.A. § 47-8-1 et seq.). 1981 Op. Att’y Gen. No. 81-101 (decided under Ga. L. 1976, p. 586). Member in 1976 required to pay for prior

years. - Superior court judge is required to pay to the retirement system, under Ga. L. 1976, p. 586, § 8 prior to December 31, 1976, the employee contributions for 16 years of service as a superior court judge, plus interest at the rate of 6 percent per year for each of the 16 years. 1976 Op. Att’y Gen. No. U76-32 (decided under Ga. L. 1976, p. 586). Judges transferred in 1976 credited with prior service. - Superior court judges who are transferred to the retirement system from the Trial Judges and Solicitors Retirement Fund are entitled to be credited with all creditable service earned under the trial judges system, including creditable service earned in a capacity other than a superior court judge; this is limited to those superior court judges who are transferred from trial judges to the 1976 retirement system on December 31, 1976. 1976 Op. Att’y Gen. No. 76-83 (decided under Ga. L. 1976, p. 586).

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: McKelvey v. Georgia Jud. Ret. Sys., 678 S.E.2d 120 (Ga. Ct. App. 2009).

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McKelvey v. Georgia Jud. Ret. Sys., 678 S.E.2d 120 (Ga. Ct. App. 2009). · cites it 2× “6 OCGA § 47-23-41 (a) (effective July 1, 1998); see also OCGA § 47-23-40 (any person who on June 30, 1998, was member of predecessor retirement system shall be transferred to JRS effective July 1, 1998).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.