CopyCited 69 times | Published | Supreme Court of Georgia | Jul 13, 2015 | 775 S.E.2d 527
...equal to 2 percent of [her] average compensation over the two
consecutive years of membership service producing the highest
such average, multiplied by the number of [her] years of creditable
service, not to exceed 40.
OCGA §
47-3-120 (a) (2)....
...The trial court
awarded summary judgment to the System, finding that the System adhered to
2
its own rules and policies in calculating the amount to which Tibbles is entitled,
and concluding that those rules and policies comport with OCGA §
47-3-120 (a)
(2). Tibbles appeals, and we affirm.
1. This case concerns the meaning of OCGA §
47-3-120 (a) (2), and so,
we begin with the familiar and settled principles that inform our consideration
of statutory meaning....
...871,
888-916 (III) (2012).
5
2778, 81 LE2d 694) (1984),2 as this Court recently acknowledged. See Cook,
295 Ga. at 500. With these principles in mind, we turn now to the questions of
statutory meaning presented in this case.
2. According to OCGA §
47-3-120 (a) (2), the amount of an annual
retirement allowance must be calculated with reference to “average
compensation over the two consecutive years of membership service producing
the highest such average,” OCGA §
47-3-120 (a) (2) (emphasis supplied), and
the parties dispute what is meant by “two consecutive years.” As we noted
2
In Chevron, the United States Supreme Court described its approach in this way:
When a court reviews...
...No party to this case contends that “two consecutive years”
means two consecutive calendar years — that is, two years beginning on January
1 of the first year — and indeed, the context of the statutory reference suggests
strongly that it means something other than calendar years. After all, OCGA §
47-3-120 (a) (2) speaks of “two consecutive years of membership service,” and
9
because academic years in the public schools of Georgia traditionally have
commenced in August or September, many new te...
...City
Mtg., No. 05-1499 SC, 2007 WL 4208336 at *4 (III) (B) (N.D. Cal. Nov. 27,
2007) (“year” may refer to “fiscal year, school year, tax year, lunar year, etc.”).
Indeed, in this case, a reasonable person might argue from the text of OCGA §
47-3-120 (a) (2) alone that “two consecutive years of membership service”
could refer to two consecutive academic years (commencing on the first day of
class), two consecutive teacher-contract years (commencing on the effective date
of a teacher contract), or two consecutive years of service as a teacher
10
(commencing on the anniversary of the date upon which the member first began
to accrue “membership service”). Of course, no party to this case suggests that
OCGA §
47-3-120 (a) (2) refers to any of these sorts of years.
Nevertheless, the statutory reference to “two consecutive years” must be
considered in a context broader than just the words of OCGA §
47-3-120 (a) (2).
Looking to other sections of the statutory law concerning teacher retirement
benefits, see May, 295 Ga....
...y benefits shall cease as of the end of
the month in which the retired member died.”).
Especially because the statutes require the remittance of contributions and
payment of allowances on the basis of calendar months, the context of OCGA
§
47-3-120 (a) (2) suggests that the statute means 24 consecutive calendar
months when it speaks of “two consecutive years.” Indeed, a strong argument
12
can be made that this is the only natural and reasonable understanding of the
statutory reference to “two consecutive years.” Moreover, we find almost
nothing in OCGA §
47-3-120 (a) (2) or its context to suggest that “two
consecutive years” ought to be understood in terms of days, as opposed to
calendar months or some other measure of time.4 To the extent that the statute
is unambiguous on this point, the...
...Statutory ambiguity would require as the next step
4
The best argument that can be made for measuring “two consecutive years” in days
is the statutory direction to the System to identify “the two consecutive years of membership
service producing the highest . . . average [compensation].” OCGA §
47-3-120 (a) (2)
(emphasis supplied)....
...We cannot say that the System is unreasonable to understand “two
consecutive years” to mean 24 consecutive calendar months. In the first place,
as we explained in Division 2 (a), this understanding is, we think, a natural and
reasonable understanding of the text of OCGA §
47-3-120 (a) (2) (considered
in its proper context), and it arguably is the only natural and reasonable
understanding....
...calculation of the
amount to which a member is entitled is based on this information, the
calculation necessarily would reflect compensation in terms of calendar months.
In all, we conclude that the System was not unreasonable to understand OCGA
§
47-3-120 (a) (2) to mean 24 consecutive calendar months when it speaks of
“two consecutive years.” To the extent that the statutory reference to “two
consecutive years” is ambiguous, we would defer to the understanding of the
System.
3. At oral argument, counsel for Tibbles conceded that she had to prevail
on both of her contentions about the meaning of OCGA §
47-3-120 (a) (2) to
establish that the System miscalculated the amount of her annual retirement
allowance....
Published | Supreme Court of Georgia | Jul 13, 2015 | 281 Ga. 409, 2006 Fulton County D. Rep. 3290
...equal to 2 percent of [her] average compensation over the two
consecutive years of membership service producing the highest
such average, multiplied by the number of [her] years of creditable
service, not to exceed 40.
OCGA §
47-3-120 (a) (2)....
...The trial court
awarded summary judgment to the System, finding that the System adhered to
its own rules and policies in calculating the amount to which Tibbles is entitled,
2
and concluding that those rules and policies comport with OCGA §
47-3-120 (a)
(2). Tibbles appeals, and we affirm.
1. This case concerns the meaning of OCGA §
47-3-120 (a) (2), and so,
we begin with the familiar and settled principles that inform our consideration
of statutory meaning....
...administers, it is confronted with two questions. First, always, is the question
5
295 Ga. at 500. With these principles in mind, we turn now to the questions of
statutory meaning presented in this case.
2. According to OCGA §
47-3-120 (a) (2), the amount of an annual
retirement allowance must be calculated with reference to “average
compensation over the two consecutive years of membership service producing
the highest such average,” OCGA §
47-3-120 (a) (2) (emphasis supplied), and
the parties dispute what is meant by “two consecutive years.” As we noted
earlier, Tibbles says that “two consecutive years” means 730 consecutive
calendar days, unless one is a leap day, in whi...
...No party to this case contends that “two consecutive years”
means two consecutive calendar years — that is, two years beginning on January
1 of the first year — and indeed, the context of the statutory reference suggests
strongly that it means something other than calendar years. After all, OCGA §
47-3-120 (a) (2) speaks of “two consecutive years of membership service,” and
9
because academic years in the public schools of Georgia traditionally have
commenced in August or September, many new te...
...City
Mtg., No. 05-1499 SC, 2007 WL 4208336 at *4 (III) (B) (N.D. Cal. Nov. 27,
2007) (“year” may refer to “fiscal year, school year, tax year, lunar year, etc.”).
Indeed, in this case, a reasonable person might argue from the text of OCGA §
47-3-120 (a) (2) alone that “two consecutive years of membership service”
could refer to two consecutive academic years (commencing on the first day of
class), two consecutive teacher-contract years (commencing on the effective date
of a teacher contract), or two consecutive years of service as a teacher
10
(commencing on the anniversary of the date upon which the member first began
to accrue “membership service”). Of course, no party to this case suggests that
OCGA §
47-3-120 (a) (2) refers to any of these sorts of years.
Nevertheless, the statutory reference to “two consecutive years” must be
considered in a context broader than just the words of OCGA §
47-3-120 (a) (2).
Looking to other sections of the statutory law concerning teacher retirement
benefits, see May, 295 Ga....
...y benefits shall cease as of the end of
the month in which the retired member died.”).
Especially because the statutes require the remittance of contributions and
payment of allowances on the basis of calendar months, the context of OCGA
§
47-3-120 (a) (2) suggests that the statute means 24 consecutive calendar
months when it speaks of “two consecutive years.” Indeed, a strong argument
12
can be made that this is the only natural and reasonable understanding of the
statutory reference to “two consecutive years.” Moreover, we find almost
nothing in OCGA §
47-3-120 (a) (2) or its context to suggest that “two
consecutive years” ought to be understood in terms of days, as opposed to
calendar months or some other measure of time.4 To the extent that the statute
is unambiguous on this point, the...
...Statutory ambiguity would require as the next step
4
The best argument that can be made for measuring “two consecutive years” in days
is the statutory direction to the System to identify “the two consecutive years of membership
service producing the highest . . . average [compensation].” OCGA §
47-3-120 (a) (2)
(emphasis supplied)....
...We cannot say that the System is unreasonable to understand “two
consecutive years” to mean 24 consecutive calendar months. In the first place,
as we explained in Division 2 (a), this understanding is, we think, a natural and
reasonable understanding of the text of OCGA §
47-3-120 (a) (2) (considered
in its proper context), and it arguably is the only natural and reasonable
understanding....
...calculation of the
amount to which a member is entitled is based on this information, the
calculation necessarily would reflect compensation in terms of calendar months.
In all, we conclude that the System was not unreasonable to understand OCGA
§
47-3-120 (a) (2) to mean 24 consecutive calendar months when it speaks of
“two consecutive years.” To the extent that the statutory reference to “two
consecutive years” is ambiguous, we would defer to the understanding of the
System.
3. At oral argument, counsel for Tibbles conceded that she had to prevail
on both of her contentions about the meaning of OCGA §
47-3-120 (a) (2) to
establish that the System miscalculated the amount of her annual retirement
allowance....
