O.C.G.A.

O.C.G.A. § 47-3-1 (2019)

Definitions

✓ 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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As used in this chapter, the term: (1) ‘‘Accumulated contributions’’ means the sum of all the amounts deducted from the earnable compensation of a member or paid by the member to establish or reestablish credit for service, which amounts are credited to his individual account in the annuity savings fund, together with regular interest on such amounts, as provided in Code Section

Notes of Decisions
Cited in 13 cases, 1985–2018 · leading case: Plymel v. Teachers Ret. Sys., 637 S.E.2d 379 (Ga. 2006).
Plymel v. Teachers Ret. Sys., 637 S.E.2d 379 (Ga. 2006). · cites it 10× “3 In this regard, OCGA § 47-3-1 (2) defines the term “actuarial equivalent” to mean “a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted by the board of trustees.”
Tibbles v. Teachers Ret. Sys. of Georgia, 775 S.E.2d 527 (Ga. 2015). · cites it 2× “The statutes provide that the annual retirement allowance is payable to a retired member on a monthly basis: “All retirement allowances shall be payable in equal monthly installments____” OCGA § 47-3-1 (24). And the statutes clearly contemplate that these monthly payments of the…”
Tate v. Teachers Ret. Sys. of Ga., 359 S.E.2d 649 (Ga. 1987). · cites it 6× “OCGA § 47-3-1. Based upon a 1981 salary of $49,736.”
Teachers Ret. Sys. of Ga. v. Plymel, 676 S.E.2d 234 (Ga. Ct. App. 2009). · cites it 4× “TRS is governed by a complex statutory scheme provided in OCGA § 47-3-1 et seq., which requires that the optional plan allowance be “actuarially equivalent” to the maximum plan allowance.”
Silliman v. Cassell, 738 S.E.2d 606 (Ga. 2013). · cites it 2× “(defining “annuity’ as “a contract by which one party in return for a stipulated payment or payments promises to pay periodic installments for a stated certain period of time or for the life or lives of the person or persons specified in the contract”); OCGA § 47-2-1 (3)…”
Wallace v. McFarland (In re) McFarland, 500 B.R. 279 (Bankr. S.D. Ga. 2013). · cites it 2× “§ 47-2-1(3) (defining ‘annuity’ as “annual payments for life derived from the accumulated contributions of a member”); O.C.G.A. § 47-3-1(3) (same). Additional guidance is needed in defining the term “annuity” when considering the exemption statutes.”
Murray Cnty. Sch. Dist. v. Adams, 461 S.E.2d 228 (Ga. Ct. App. 1995). · cites it 2× “OCGA §§ 47-3-1 et seq.; 47-4-1 et seq. In addition, a majority of public school systems *221 also participate in the Social Security system.”
Ashley v. Carstarphen., 820 S.E.2d 70 (Ga. Ct. App. 2018). · cites it 4× “" OCGA § 47-3-1 (15). The term "teacher" is defined as "a permanent status employee employed not less than half time" and is an employee of "a public school or a local board of education.”
Jones v. Brooks Cnty. Bd. of Commissioners of Roads & Revenues, 414 S.E.2d 729 (Ga. Ct. App. 1992). · cites it 2× “” OCGA § 47-3-1 (28) (0). Defendants opposed plaintiff’s motion for summary judgment, arguing the entity known as Brooks County Library was not, as a matter of law, a county library.”
Wallace v. Meehan (In Re Meehan), 162 B.R. 367 (Bankr. S.D. Ga. 1993). “§ 47-2-1(26) and § 47-3-1(17) (pension); O.C.G.A. § 33-28-1(1) (annuity).”
Brantley v. Muscogee Cnty. Sch. Dist., 906 F. Supp. 2d 1307 (M.D. Ga. 2012). · cites it 6× “O.C.G.A. § 47-3-1(28). As discussed above, lunchroom, maintenance, transportation and warehouse employees may be considered “teachers” for purposes of the TRS if they are “managers or supervisors.”
Fulton Cnty. Sch. Employees Pension Fund v. Teachers Ret. Sys., 337 S.E.2d 57 (Ga. Ct. App. 1985). · cites it 2× “§ 32-2901; OCGA § 47-3-1. A teacher within the state of Georgia may retire under the TRS Act, or under the provisions of the local school retirement fund.”
— 47-3-1(17) — 1 case
Wallace v. Meehan (In Re Meehan), 162 B.R. 367 (Bankr. S.D. Ga. 1993). “§ 47-2-1(26) and § 47-3-1(17) (pension); O.C.G.A. § 33-28-1(1) (annuity).”
— 47-3-1(28) — 1 case
Brantley v. Muscogee Cnty. Sch. Dist., 906 F. Supp. 2d 1307 (M.D. Ga. 2012). “O.C.G.A. § 47-3-1(28). As discussed above, lunchroom, maintenance, transportation and warehouse employees may be considered “teachers” for purposes of the TRS if they are “managers or supervisors.”
— 47-3-1(28)(E) — 1 case
Brantley v. Muscogee Cnty. Sch. Dist., 906 F. Supp. 2d 1307 (M.D. Ga. 2012). “O.C.G.A. § 47-3-1(28). As discussed above, lunchroom, maintenance, transportation and warehouse employees may be considered “teachers” for purposes of the TRS if they are “managers or supervisors.”
— 47-3-1(3) — 1 case
Wallace v. McFarland (In re) McFarland, 500 B.R. 279 (Bankr. S.D. Ga. 2013). “§ 47-2-1(3) (defining ‘annuity’ as “annual payments for life derived from the accumulated contributions of a member”); O.C.G.A. § 47-3-1(3) (same). Additional guidance is needed in defining the term “annuity” when considering the exemption statutes.”
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