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2018 Georgia Code 47-7-103 | Car Wreck Lawyer

TITLE 47 RETIREMENT AND PENSIONS

Section 7. Georgia Firefighters' Pension Fund, 47-7-1 through 47-7-127.

ARTICLE 6 RETIREMENT, RETIREMENT ALLOWANCES, DISABILITY BENEFITS, AND DEATH BENEFITS

47-7-103. Benefits payable to a named beneficiary upon death of active member before benefits have commenced or before benefits equal to active member's dues have been paid; benefits payable upon death of retired member before benefits have commenced or before benefits equal to the retired member's dues have been paid.

  1. In the event of the death of an active member who has not commenced receiving any benefits under this chapter, up to five selected beneficiaries of such deceased member shall be entitled to be paid the amount of $5,000.00 split equally among the selected beneficiaries, upon any selected beneficiary making proper application to the executive director of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board.
  2. In the event of the death of a retired member of the fund who has not elected survivor benefits under Option A or B as provided for in subsection (d) of Code Section 47-7-100 and who has commenced receiving benefits under this chapter, but who has not received total benefits in an amount equal to $5,000.00, up to five beneficiaries selected by the member shall be entitled to receive an equally apportioned amount from the difference between $5,000.00 and the amount of benefits received by such deceased member, upon making application as provided for in subsection (a) of this Code section.

(Ga. L. 1956, p. 368, § 6; Ga. L. 1962, p. 550, § 1; Ga. L. 2000, p. 562, § 9; Ga. L. 2010, p. 438, § 6/HB 1150; Ga. L. 2015, p. 898, § 11/HB 266.)

The 2010 amendment, effective July 1, 2010, substituted "executive director" for "secretary-treasurer" near the end of the first sentence of subsection (a) and inserted ", who has not elected survivor benefits under Option A or B as provided for in subsection (d) of Code Section 47-7-100," near the beginning of subsection (b).

The 2015 amendment, effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "(a) In the event of the death of a member of the fund who is in good standing and who has not commenced receiving any benefits under this chapter, the designated beneficiary of such deceased member shall be entitled to be paid the amount of $5,000.00, upon making proper application to the executive director of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board.

"(b) In the event of the death of a member of the fund who is in good standing, who has not elected survivor benefits under Option A or B as provided for in subsection (d) of Code Section 47-7-100, and who has commenced receiving benefits under this chapter, but who has not received total benefits in an amount equal to $5,000.00, the member's named beneficiary shall be entitled to receive the difference between $5,000.00 and the amount of benefits received by such deceased member, upon making application as provided for in subsection (a) of this Code section."

OPINIONS OF THE ATTORNEY GENERAL

Interest on return of contributions not authorized.

- Fund does not authorize the payment of interest on the return of contributions, including those contributions made by late applicants for membership pursuant to Ga. L. 1968, pp. 441 and 444, pertaining to membership for firefighters not previously members in the fund. 1970 Op. Att'y Gen. No. 70-82.

RESEARCH REFERENCES

C.J.S.

- 62 C.J.S., Municipal Corporations, § 573 et seq. 67 C.J.S., Officers and Public Employees, § 319 et seq.

ALR.

- Relationship between fireman's or policeman's performance of official duties and his death, for purpose of recovery of benefits by survivors, 27 A.L.R.2d 1004.

Effect of divorce, remarriage, or annulment, on widow's pension or bonus rights or social security benefits, 85 A.L.R.2d 242.

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