O.C.G.A.
O.C.G.A.

O.C.G.A. § 47-6-42 (2019)

State contributions

✓ 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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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.

History

(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.)

Annotations

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).

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ARTICLE 4 EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO THE RETIREMENT SYSTEM

Notes of Decisions
Cited in 2 cases, 1993–1994 · leading case: Evans v. Employees' Ret. Sys., 450 S.E.2d 195 (Ga. 1994).
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Evans v. Employees' Ret. Sys., 450 S.E.2d 195 (Ga. 1994). · cites it 21× “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…”
Employees Ret. Sys. v. Evans, 439 S.E.2d 690 (Ga. Ct. App. 1993). · cites it 14× “611, 615 (now codified at OCGA § 47-6-42 (d)). It was this non-forfeiture provision upon which the trial court relied heavily in determining that Evans’ part-time legislative service could be transferred as creditable service under the ERS when he became Commissioner of…”
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