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2018 Georgia Code 47-6-42 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 47-6-42 Case Law from Google Scholar Amendments to OCGA 47-6-42

TITLE 47 RETIREMENT AND PENSIONS

Section 6. Georgia Legislative Retirement System, 47-6-1 through 47-6-101.

ARTICLE 3 MEMBERSHIP IN THE RETIREMENT SYSTEM

47-6-42. State contributions.

After April 13, 1979, the contributions of the state under this Code section to this system shall be determined by the board each year on the basis of the most recent actuarial valuation. The board shall certify to the legislative fiscal officer the amount of the state's contributions due to the system. The state's contributions shall be paid from funds appropriated to the legislative branch of government and shall be in an amount determined by the board to be necessary to cover the costs of financing and administering the system. The legislative fiscal officer is directed to pay to the board the contributions of the state together with an amount necessary to cover the required employer contributions for social security coverage.

(Ga. L. 1979, p. 931, § 3; Ga. L. 1980, p. 611, §§ 7, 8; Ga. L. 1984, p. 758, § 2; Ga. L. 1988, p. 1476, § 1; Ga. L. 1989, p. 52, § 1; Ga. L. 2005, p. 535, § 19/HB 460; Ga. L. 2010, p. 1207, § 53/SB 436.)

The 2010 amendment, effective July 1, 2010, deleted former subsections (a) and (b); deleted the subsection (c) designation; and deleted former subsections (d) and (e).

Editor's notes.

- Ga. L. 2010, p. 1207, § 1, not codified by the General Assembly, provides that: "The intent of this Act is to repeal obsolete and inoperative provisions and to make certain stylistic corrections in Title 47 of the Official Code of Georgia Annotated. Nothing in this Act shall deny, abridge, increase, renew, revive, or on any way affect any right, benefit, option, credit, or election to which any person was entitled pursuant to such title on June 30, 2010, and the board of trustees of each public retirement system is authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this Act; provided, however, that any such right, benefit, option, credit, or election shall be subject to the statutory provisions in effect on June 30, 2010."

JUDICIAL DECISIONS

Transfer of legislative service.

- Employees Retirement System (ERS) did not have implicit authority to transfer accounts from the legislative Retirement System to the ERS. Employees Retirement Sys. v. Evans, 211 Ga. App. 448, 439 S.E.2d 690 (1993), rev'd on other grounds, 264 Ga. 729, 450 S.E.2d 195 (1994).

State employee was entitled to credit toward retirement under the Employee's Retirement System (ERS) that portion of the employee's legislative career during which the employee was a member of ERS and the time the employee spent as a member of ERS while serving as Commissioner of Insurance; however, there was no statutory authorization that permitted the employee to use legislative time served while a member of the Legislative Retirement System toward retirement benefits under ERS; reversing in part, Employees Retirement Sys. v. Evans, 211 Ga. App. 448, 439 S.E. 690 (1993). Evans v. Employees' Retirement Sys., 264 Ga. 729, 450 S.E.2d 195 (1994).

Cases Citing O.C.G.A. § 47-6-42

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Evans v. Employees' Ret. Sys., 264 Ga. 729 (Ga. 1994).

Cited 8 times | Published | Supreme Court of Georgia | Nov 7, 1994 | 450 S.E.2d 195, 94 Fulton County D. Rep. 3578

...is gross monthly pension payment based on sixteen years, one month of service, and paid the first monthly installment in March 1991. Later that month, the Attorney General of Georgia issued an official opinion advising the chairman of ERS that OCGA § 47-6-42 did not authorize former legislators who later assumed positions entitling them to membership in ERS to transfer to ERS credit built up while they were members of the Legislative Retirement System (LRS)....
...rent member of the General Assembly to make an election about his/her retirement system membership: withdraw from ERS membership and join LRS; remain with ERS; or elect not to be a member of either system. Ga. L. 1979, p. 931, § 3 (codified at OCGA § 47-6-42 (a))....
...79 legislation shall not forfeit any rights or privileges possessed by such member under the [ERS] at the time such election is made, and such rights and privileges shall continue to apply to such member. Ga. L. 1980, p. 611, § 8 (codified at OCGA § 47-6-42 (d))....
...of plain and unequivocal language in a legislative enactment obviates any necessity for judicial construction. ...” Board of Trustees v. Christy, 246 Ga. 553 (1) (272 SE2d 288) (1980). 2. When Evans elected to join LRS, the 1980 amendment to OCGA § 47-6-42 provided that each legislator who elected to join LRS pursuant to the election required by Ga....
...913, § 3, would not forfeit “any rights or privileges possessed by such member under the Employees’ Retirement System of Georgia at the time such election is made; and such rights and privileges shall continue to apply to such member.” OCGA § 47-6-42 (d). In essence, OCGA § 47-6-42 (d) provided that Evans made his election to join LRS without forfeiting any rights or privileges he possessed under ERS at that time....
...At that time, Evans had the vested right under the statutory terms of his employment contract to use his legislative service while a member of ERS for the calculation of retirement benefits from ERS. OCGA § 47-2-160 (b). Therefore, when Evans applied for retirement benefits from ERS in 1990, OCGA § 47-6-42 (d) authorized ERS to credit Evans with the five years and ten months of legislative service Evans gave while a member of ERS. OCGA § 47-6-42 (a) dovetails with the plain and unequivocal language of § 47-6-42 (d)....
...as a member of ERS in support of retirement benefits from ERS. Were the legislator’s 1980 election unconditionally irrevocable, the elector would be unable to rejoin ERS upon employment in a position covered by ERS. Without a doubt, the passage of § 47-6-42 (d) made the employment contract more valuable to Evans and other legislators faced with making a choice about retire*732ment system membership....
...Reconsideration denied December 20, 1994. Chilivis & Grindler, Nickolas P. Chilivis, John K. Larkins, Jr., for appellant. Michael J. Bowers, Attorney General, Susan L. Rutherford, Jeffrey L. Milsteen, Senior Assistant Attorneys General, for appellee. 3. While Evans was entitled under §§ 47-6-42 (d) and 47-2-160 (b) to have his legislative service while an ERS member credited toward the receipt of retirement benefits from ERS, no statutory provision authorized the use of his legislative service while a member of LRS toward receipt of retirement benefits from ERS. OCGA § 47-6-42 (d) is of no avail to Evans because, when he joined LRS he did not possess a right or privilege as a member of ERS to join another retirement system and have service performed pursuant to the new retirement contract credited toward retirement benefits from the first retirement system....