O.C.G.A.

O.C.G.A. § 47-4-102 (2019)

Optional retirement benefits

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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) At any time prior to his retirement a member may elect or may revoke a previous election and make a new election to have his retirement benefit payable under one of the options set forth in subsections (c) and (d) of this Code section in lieu of the lifetime income he is otherwise entitled to receive. The benefit shall be paid in accordance with the terms of such option elected. Election of any option shall be made by the member in writing and shall be subject to approval by the board.

(b) The amount of any optional retirement benefit set forth in this Code section shall be the actuarial equivalent of the amount of benefit that would otherwise be payable to the member under Code Section 47-4-101.

(c) Option A, the joint and survivor option, shall consist of a decreased retirement benefit which shall be payable to the member for life and shall continue after his death to the surviving joint annuitant in the same amount or in such smaller amount as he may designate. The election of this option shall be null and void if either the member or his joint annuitant dies before his normal retirement date.

(d) Option B, the period certain and life option, shall consist of a decreased retirement benefit commencing on the date of retirement and payable on the first day of each month during the lifetime of the member, provided that if the member dies prior to having received the elected number of guaranteed monthly retirement payments, such remaining guaranteed payments shall continue to his designated beneficiary.

(e) Any other provisions of this Code section or of this chapter to the contrary notwithstanding, the board of trustees may, by rule or regulation, require that when a member or a retired member dies and the beneficiary is a person other than the surviving spouse of the member, the benefits payable to the beneficiary shall be paid to the beneficiary within a definite time period immediately following the death of the member or retired member.

(f )(1) As used in this subsection, the term ‘‘retired member’’ means a person retired under this chapter who was unmarried at the time of his or her retirement.

(2) In the event a retired member marries subsequent to his or her retirement, the retired member may elect to begin receiving an actuarially reduced benefit of equivalent value and establish on behalf of the spouse Option A or B. Such election must be made by December 31, 1998, or within six months after the date of marriage, whichever date is later.

(3) This subsection applies to retired members who retired at any time prior to July 1, 1998, as well as to those who retire on or after that date.

History

(Ga. L. 1969, p. 998, § 8; Ga. L. 1973, p. 1197, § 8; Ga. L. 1984, p. 810, § 3; Ga. L. 1998, p. 542, § 1.)

Annotations

RESEARCH REFERENCES Am. Jur. 2d. - 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1228. C.J.S. - 67 C.J.S., Officers and Public

Employees, § 314 et seq. 78 C.J.S., Schools and School Districts, § 264 et seq.

Notes of Decisions

Cited in 3 cases, 2012–2014 · leading case: Ayers v. Pub. Sch. Employees Ret. Sys. of Georgia, 756 S.E.2d 538 (Ga. 2014).

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Ayers v. Pub. Sch. Employees Ret. Sys. of Georgia, 756 S.E.2d 538 (Ga. 2014). · cites it 8× “See OCGA § 47-4-102 (c). An employee receives the maximum possible monthly benefit under *832 OCGA § 47-4-101, but those payments end when the employee dies; there is no provision for ongoing payments to any other person.”

Pub. Sch. Employees' Ret. Sys. v. Ayers, 734 S.E.2d 461 (Ga. Ct. App. 2012). · cites it 2× “See also OCGA §§ 47-4-102 (c) (following death of retiree, Option A allowed for payment of retirement benefits to retiree’s “surviving joint annuitant”); 47-4-2 (12) (defining “joint annuitant” as “the person designated to receive benefits payable on the death of a member” under…”

Pub. Sch. Ers of Georgia v. Leroy Ayers (Ga. Ct. App. 2012). · cites it 2× “See also OCGA § 47-4-102 (c) (following 6 death of retiree, Option A allowed for payment of retirement benefits to retiree’s “surviving joint annuitant”); OCGA § 47-4-2 (12) (defining “joint annuitant” as “the person designated to receive benefits payable on the death of a…”

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.