O.C.G.A.
O.C.G.A.

O.C.G.A. § 47-3-20 (2019)

Creation and management of the Teachers Retirement System of Georgia; its powers and privileges; name under which business transacted

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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A retirement system is established for the purpose of providing retirement allowances and other benefits under this chapter for teachers of this state and is placed under the management of the board of trustees. It shall have the power and privileges of a corporation, the right to bring and defend actions, to implead and be impleaded, and shall be known as the "Teachers Retirement System of Georgia," in which name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held.

History

(Ga. L. 1943, p. 640, § 2; Ga. L. 1982, p. 3, § 47.)

Annotations

JUDICIAL DECISIONS

Benefits not property of bankruptcy estate. - Chapter 7 debtor's interest in a Teachers Retirement System of Georgia annuity that the debtor received as a beneficiary was excluded from the bankruptcy estate under 11 U.S.C. § 541(c)(2); the interest was in a trust because the annuity funds were still under the administration of the state pursuant to O.C.G.A. § 47-3-20 et seq., and the trust incorporated a statutory anti-alienation provision under O.C.G.A. § 47-3-28(a) enforceable under O.C.G.A. § 53-12-28. Coleman v. Hainlen (In re Hainlen), 365 Bankr. 288 (Bankr. S.D. Ga. 2007).

Cited in Davis v. Griffin-Spalding County Bd. of Educ., 445 F. Supp. 1048 (N.D. Ga. 1975); Teachers Retirement Sys. v. City of Atlanta, 249 Ga. 196, 288 S.E.2d 200 (1982); Kirksey v. Teachers Retirement Sys., 250 Ga. 884, 302 S.E.2d 101 (1983).

RESEARCH REFERENCES

C.J.S. - 78 C.J.S., Schools and School Districts, § 481 et seq.

ALR. - Re-employment or reinstatement of public officer or employee as restoration of original status as regards incidental rights or privileges, 89 A.L.R. 684.

Notes of Decisions
Cited in 3 cases, 1983–2012 · leading case: Ex Parte Melof, 735 So. 2d 1172 (Ala. 1999).
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Ex Parte Melof, 735 So. 2d 1172 (Ala. 1999). “22831 §§ 1 to 20); Ga. Code Ann. § 47-3-20 (derived from 1943 Ga.”
Kirksey v. Teachers' Ret. Sys., 302 S.E.2d 101 (Ga. 1983). · cites it 2× “OCGA § 47-3-20 et seq. (Code Ann. § 32-2902 et seq.”
Brantley v. Muscogee Cnty. Sch. Dist., 906 F. Supp. 2d 1307 (M.D. Ga. 2012). · cites it 2× “See O.C.G.A. § 47-3-20 (establishing TRS); O.”
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.