TITLE 47
RETIREMENT AND PENSIONS
Section 3. Teachers Retirement System of Georgia, 47-3-1 through 47-3-142.
ARTICLE 5
SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS
47-3-92. Absence from employment because of sick leave; creditable service.
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For purposes of this Code section, the maximum amount of sick leave which may be accumulated in one year shall be one and one-fourth days per month of actual service. In the event any employer authorizes sick leave in excess of such amount, any such leave used in any year shall be deducted from the maximum amount of leave authorized for that year by this Code section. Nothing in this Code section shall require any employer to grant any certain amount of sick leave.
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Accumulated days of sick leave accrued on, after, or before July 1, 1998, for which a member has not been paid shall constitute creditable service as provided in subsection (c) of this Code section. Such creditable service may be used to qualify for retirement but may not be used to qualify for vesting for benefits. Upon retirement of a member, the employer shall certify to the board of trustees the total amount of that member's sick leave based on leave records. It shall be the duty of each employer to maintain accurate records reflecting sick leave used and accumulated by each employee and to keep such records for at least 50 years.
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A member shall be given such creditable service, not to exceed one month of creditable service for each 20 days of sick leave, in direct relation to appropriations provided by the General Assembly to fund the provisions of this subsection together with any increase in employer contributions made pursuant to paragraph (2) of this subsection, provided that the member has a minimum of three months of such unused sick leave.
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In order to fund the provisions of this Code section in whole or in part, the board of trustees is authorized, but not required, to increase the amount of employer contribution in direct proportion to the amount shown in the appropriation Acts enacted for such purpose by the General Assembly.
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The board of trustees may adopt rules and regulations, not inconsistent with the provisions of this Code section, to aid in administering and carrying out the provisions of this Code section. The board of trustees is further authorized to adopt rules for awarding creditable service as provided in subsection (c) of this Code section in instances in which accurate records have not been kept based upon statistical experience in instances in which accurate records have been kept.
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The creditable service provided by this Code section shall be available only to persons who retire on or after July 1, 1998.
(Code 1981, §47-3-92, enacted by Ga. L. 1998, p. 870, § 1.)
Editor's notes.
- Ga. L. 1998, p. 870,
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2, provides that this Code section shall become effective incrementally as funding is approved. Provision was made for concurrent funding at 50 percent.
OPINIONS OF THE ATTORNEY GENERAL
Credit of sick leave.
- Only days of sick leave accrued while a member of the Teachers Retirement System may be credited toward retirement thereunder. 2000 Op. Att'y Gen. No. 2000-2.