O.C.G.A.

O.C.G.A. § 47-5-72 (2019)

Exemption of chapter from regulation under Title 33

✓ 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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Except as otherwise specified in this chapter, the provision of retirement benefits and employee benefits pursuant to this chapter shall not be subject to regulation under Title 33.

History

(Code 1981, § 47-5-72, enacted by Ga. L. 1984, p. 1041, § 12; Ga. L. 2000, p. 131, § 1.)

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CHAPTER 6 GEORGIA LEGISLATIVE RETIREMENT SYSTEM

Article 1

General Provisions.

47-6-1. Definitions.

Article 2

Creation, Administration, and

Management of the Assets

of the Retirement System.

47-6-20. Creation and administration of the retirement system; commencement of operations; corporate powers and privileges; name in which retirement system to transact business.

47-6-21. Creation of the office of executive secretary.

47-6-22. Powers and duties of the board of trustees.

47-6-23. Investment powers of board; members' and employees' dealings with funds; vouchers for payments.

47-6-24. Members' account; accumulation account; crediting of interest and dividends.

47-6-25. Plan year designated.

Article 3

Membership in the Retirement System.

47-6-40. Qualifications for membership; irrevocable election for certain members of General Assembly; membership of persons who cease to become members before age 60; termination of membership; application for additional creditable service.

47-6-41. Transition of membership from Georgia Legislative Retirement System to Employees' Retirement System of Georgia; current beneficiaries; state contributions; rules and regulations [Repealed].

47-6-42. State contributions.

Article 4

Employee and Employer Contributions to the Retirement System.

47-6-60. Employee contributions to the retirement system; payment of employee contributions on behalf of the member; additional contributions.

Article 5

Service Creditable Toward Retirement.

47-6-70. Creditable service.

47-6-70.1. Prior service credit for military service.

47-6-70.2. Reestablishment of creditable service by current members who ceased being members of General Assembly and who withdrew retirement contributions.

Article 6

Retirement, Retirement Allowances, and Death Benefits.

47-6-80. Eligibility and application for a retirement allowance; early retirement; amount of retirement allowance; compliance with federal tax laws; increases in retirement allowance.

47-6-81. Optional retirement allowances.

47-6-82. Manner in which retirement allowances to be paid; termination of payments upon death.

47-6-83. Payments made upon the death of a member, upon death of a beneficiary who has not elected an optional retirement allowance, or upon death of a member before retirement.

47-6-84. Termination of retirement allowance upon return to service; retirement benefits for retired members returning to service in the General Assembly; board of trustees to be notified within 30 days if public employer employs retired plan member.

47-6-85. Refund of accumulated contributions upon termination of membership.

Article 7

Miscellaneous Provisions.

47-6-100. Exemption of rights and benefits from taxation; exemption from legal process; assignability.

47-6-101. Attempts to defraud the retirement system by means of false statements or falsified records; adjustment of erroneous payments.

Annotations

OPINIONS OF THE ATTORNEY GENERAL

Credit as membership service in determining involuntary separation benefit eligibility. - Service as a member of the General Assembly after January 1, 1954, paid for as membership service in the Legislative Retirement System and transferred to the Employees' Retirement System is creditable as membership service for determination of eligibility for the involuntary separation benefits provided by Ga. L. 1972, p. 360, § 3 and Ga. L. 1953, Nov.-Dec. Sess., p. 160, § 2 (see O.C.G.A. §§ 47-2-123 and 47-2-124). 1973 Op. Att'y Gen. No. U73-17.

RESEARCH REFERENCES

Am. Jur. 2d. - 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1166 et seq.

C.J.S. - 67 C.J.S., Officers and Public Employees, § 311 et seq. 81A C.J.S., States, § 211 et seq.

ALR. - Reasonableness of classification, as regards beneficiaries, by statute providing for retirement fund or pension for public officers or employees, 163 A.L.R. 870.

Gift to or for employees' pension fund as valid charitable gift or trust, 28 A.L.R.2d 428.

Unemployment compensation: eligibility of employee laid off according to employer's mandatory retirement plan, 50 A.L.R.3d 880.

Mandatory retirement of public officer or employee based on age, 81 A.L.R.3d 811.

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ARTICLE 1 GENERAL PROVISIONS