TITLE 47 RETIREMENT AND PENSIONS

Section 3. Teachers Retirement System of Georgia, 47-3-1 through 47-3-142.

ARTICLE 6 RETIREMENT AND ELIGIBILITY FOR RETIREMENT ALLOWANCES

47-3-101. Eligibility and application for retirement; retirement age; duration of benefits paid to a retired member; payment to maintain Teachers Retirement System.

Any member in service may retire upon written application to the board of trustees, provided that the member at the time of retirement: (1) has attained the age of 60 years and has at least ten years of creditable service, or (2) has at least 25 years of creditable service. The effective date of retirement will be the first of the month in which the application is received by the board of trustees; except that no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 180 days in advance of the effective date of retirement. Each employer shall certify to the board of trustees the date on which the employee's employment is or will be severed and that no agreement exists to allow the employee to return to service, including service as or for an independent contractor. Any return to employment or rendering of any paid service, including service as or for an independent contractor, for any employer during the calendar month of the effective date of retirement shall render the severance invalid and nullify the application for retirement.
For purposes of this chapter, normal retirement age shall be 60 years of age if the member has at least ten years of creditable service or the age of the member on the date he or she attains 30 years of creditable service, whichever event comes first; provided, however, that the provisions of this subsection shall be subject to change by future legislation in order to comply with federal regulations. Except as provided under Article 3 of Chapter 1 of this chapter, a member's right to his or her retirement allowance is nonforfeitable upon attainment of normal retirement age.
The benefits payable under Code Section 47-3-120 and under Code Section 47-3-122 shall be payable to the retired member for the remainder of his lifetime and shall be known as the maximum plan. Upon the death of the retired member, all monthly benefits shall cease as of the end of the month in which the retired member died. If the total monthly benefits paid at the time of the retired member's death are less than his accumulated contributions at the time of his retirement, the difference between the benefits paid and such accumulated contributions shall be refunded to the person who has been designated in writing by the retired member or to the retired member's estate, if no such person has been designated or if such designated person has predeceased the retired member. This subsection shall not apply when an optional allowance has been selected by the member under Code Section 47-3-121.
The board of trustees 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 Teachers Retirement System of Georgia as a "qualified retirement plan" for the purposes of federal income tax laws.

(Ga. L. 1943, p. 640, § 5; Ga. L. 1950, p. 32, § 1; Ga. L. 1950, p. 261, § 3; Ga. L. 1953, Jan.-Feb. Sess., p. 238, §§ 1, 1A; Ga. L. 1953, Nov.-Dec. Sess., p. 114, § 1; Ga. L. 1961, p. 392, § 1; Ga. L. 1965, p. 438, § 4; Ga. L. 1969, p. 388, § 1; Ga. L. 1972, p. 140, § 1; Ga. L. 1972, p. 896, § 2; Ga. L. 1974, p. 1023, § 2; Ga. L. 1974, p. 1141, § 1; Ga. L. 1975, p. 357, § 1; Ga. L. 1981, p. 1894, § 2; Ga. L. 1988, p. 343, § 1; Ga. L. 1990, p. 536, § 3; Ga. L. 1992, p. 2476, § 1; Ga. L. 1996, p. 927, § 1; Ga. L. 2010, p. 427, § 8/HB 969.)

The 2010 amendment, effective May 24, 2010, added the last two sentences in subsection (a) and substituted the present provisions of subsection (b) for the former provisions which read: "Reserved.".

JUDICIAL DECISIONS

Mandatory retirement age for all school personnel constitutional.

- Placing school personnel whose primary work activities are of a physical nature (school bus drivers and cafeteria personnel) into the same classification with other school personnel whose work activities are primarily mental (school teachers) in order to create a local retirement system for school employees provides ample justification under equal protection concepts for the establishment of age 65 as a mandatory retirement age, albeit that some teachers who participate in the state-wide retirement system that excludes public school bus drivers and cafeteria personnel are not required to retire until age 70 or thereafter. Fulton County Sch. Dist. v. Sanders, 242 Ga. 298, 248 S.E.2d 670 (1978).

Local school boards do not have right to promulgate retirement policy inconsistent from state policy. Davis v. Griffin-Spalding County Bd. of Educ., 445 F. Supp. 1048 (N.D. Ga. 1975).

Local school board may extend maximum retirement age.

- State retirement system allows local school boards to extend maximum retirement age to 73, and this statute provides the only statutory basis for the admitted state-wide mandatory retirement age of 70. Davis v. Griffin-Spalding County Bd. of Educ., 445 F. Supp. 1048 (N.D. Ga. 1975) (see O.C.G.A. § 47-3-101).

Authority of local school boards to set individual retirement policies, see Davis v. Griffin-Spalding County Bd. of Educ., 445 F. Supp. 1048 (N.D. Ga. 1975).

OPINIONS OF THE ATTORNEY GENERAL

Employee has contractual right to statutory retirement benefits.

- Retirement statutes which are effective while a member of a retirement system is employed in a covered position form a part of the employment contract; the employee has a contractual right to the provided retirement benefits. 1980 Op. Att'y Gen. No. 80-22.

Service retirement application requirements.

- Service retirement application must be made in writing and filed with the board of trustees before retirement benefits can be paid, and the effective date of retirement is to be the first day of the month in which the application is received by the board of trustees. 1975 Op. Att'y Gen. No. 75-1.

Effective date for service retirement applications.

- Proper effective date for service retirement applications under the retirement system is the first of the month following the month in which the member's employment is terminated. 1975 Op. Att'y Gen. No. 75-8.

Document filed with executive secretary-treasurer considered filed with board.

- Executive secretary-treasurer is the custodian of all documents required to be filed with, or retained by, the board of trustees; consequently, a document or other paper delivered for filing to the secretary-treasurer should be considered as filed with the board. 1975 Op. Att'y Gen. No. 75-1.

Benefits begin when teacher no longer employed.

- Statute is designed to insure that retirement benefits do not begin until after the teacher is no longer employed and is, in fact, retired. 1975 Op. Att'y Gen. No. 75-8 (see O.C.G.A. § 47-3-101).

Board determinations must be made on a year-to-year basis.

- County or independent board of education must find each year that the exceptional circumstances required by this statute continue to exist, and it cannot find that the exceptional circumstances will continue to exist for three years or two years, and by this means meet the statutory requirements; the board must also find each year that it is necessary for the efficient operation of the board's school system that the teachers so continued be allowed to remain in service for the ensuing year. 1957 Op. Att'y Gen. p. 231 (see O.C.G.A. § 47-3-101).

Board of trustees responsible for enforcement.

- Primary duty or responsibility for enforcing this statute rests upon board of trustees. 1948-49 Op. Att'y Gen. p. 532 (see O.C.G.A. § 47-3-101).

Board of trustees should not authorize retroactive payment of retirement benefits to members for months prior to the time service retirement applications were filed. 1975 Op. Att'y Gen. No. 75-1.

Intent to provide compulsory retirement for those at age 70.

- General Assembly intended to provide for compulsory retirement of those persons reaching age of 70 with enumerated exceptions for certain continuances and, therefore, a person who has retired after age 70 would not be reemployed. 1948-49 Op. Att'y Gen. p. 532.

Elective officers not required to retire at age 70.

- Elective officers under Ga. L. 1943, p. 640 et seq. (see O.C.G.A. Ch. 3, T. 47), such as county school superintendents, are not required to retire upon attaining the age of 70. 1945-47 Op. Att'y Gen. p. 152.

School superintendents are not required to retire at age 70, but may hold their offices at least until successors are elected. 1985 Op. Att'y Gen. No. 85-58, affirming 1945-47 Op. Att'y Gen. p. 152.

Elected school superintendent who has attained the age of 70 can run for office and serve if elected. 1985 Op. Att'y Gen. No. 85-58.

RESEARCH REFERENCES

ALR.

- Mandatory retirement of public officer or employee based on age, 81 A.L.R.3d 811.

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