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2018 Georgia Code 47-3-20 | Car Wreck Lawyer

TITLE 47 RETIREMENT AND PENSIONS

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

ARTICLE 2 CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM

47-3-20. Creation and management of the Teachers Retirement System of Georgia; its powers and privileges; name under which business transacted.

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.

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

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.

Cases Citing Georgia Code 47-3-20 From Courtlistener.com

Total Results: 1

Kirksey v. Teachers' Retirement System

Court: Supreme Court of Georgia | Date Filed: 1983-05-03

Citation: 302 S.E.2d 101, 250 Ga. 884, 1983 Ga. LEXIS 1041

Snippet: the management of a board of trustees. OCGA § 47-3-20 et seq. (Code Ann. § 32-2902 et seq.) The contributions