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2018 Georgia Code 47-7-41 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 47-7-41 Case Law from Google Scholar Amendments to OCGA 47-7-41

TITLE 47 RETIREMENT AND PENSIONS

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

ARTICLE 3 MEMBERSHIP IN THE FUND

47-7-41. Effect of withdrawal of contributions or termination of employment; inactive membership; eligibility for reinstatement; credit for time spent on leave of absence and resumption of payments to fund upon reinstatement as active member.

    1. Any active member who leaves work as a firefighter or volunteer firefighter, and who elects to leave in the fund during such leave from work as a firefighter or voluntary firefighter the dues which the member has theretofore paid, shall, upon application to the board, be entitled to obtain a leave of absence from the fund for a period of not more than two years and shall be deemed an inactive member. An inactive member may apply for additional leaves of absence from the fund every two years. If an inactive member fails to apply for and maintain in effect a leave of absence, the board may treat such failure as an election to withdraw from membership in the fund as provided in subsection (b) of this Code section and Code Section 47-7-105.
    2. An inactive member shall, upon application to the board, be entitled to reinstatement as an active member; provided, however, that upon such application, the applicant meets the requirements set forth in Code Section 47-7-40 as a prerequisite to reinstated active membership. Such a reinstated active member shall be entitled to credit for service rendered before obtaining a leave of absence and after reinstatement but shall not be entitled to credit for any period during such leave of absence.
  2. Any member may at any time elect to withdraw from membership in the fund and upon such withdrawal shall be entitled to a refund of moneys as provided in Code Section 47-7-105, and such member shall be deemed a withdrawn member. Any withdrawn member shall not thereafter be eligible for membership or benefits except upon reinstatement to active membership in accordance with this subsection. Any withdrawn member may make application to the board for reinstatement as an active member. Upon making such application, the applicant must pay to the fund a reinstatement fee of $100.00. An applicant for reinstatement of membership in the fund as provided in this subsection shall not be entitled to such reinstatement unless at the time of such application the applicant meets the requirements set forth in Code Section 47-7-40. Upon reinstatement, such reinstated active member shall be entitled to credit for service rendered after reinstatement as an active member but not for service prior to the date of reinstatement. Any such applicant who fails to satisfy the requirements of reinstatement shall not be entitled to reinstatement as an active member.

(Ga. L. 1956, p. 368, § 5; Ga. L. 1968, p. 441, § 2; Ga. L. 1979, p. 364, § 1; Ga. L. 1989, p. 339, § 2; Ga. L. 1991, p. 755, § 5; Ga. L. 1993, p. 476, § 2; Ga. L. 1997, p. 1376, § 1; Ga. L. 2000, p. 1449, § 5; Ga. L. 2015, p. 898, § 8/HB 266.)

The 2015 amendment, effective July 1, 2015, rewrote this Code section.

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the provisions, decisions under Ga. L. 1955, p. 339, § 5, as amended, and Ga. L. 1956, p. 368, § 5A, as amended, prior to revision by Ga. L. 1976, p. 241, § 4 and Ga. L. 1979, p. 364, § 1A, are included in the annotations for this Code section.

For discussion on reinstatement of previous service for Firemen's Pension Fund purposes in light of Ga. L. 1979, p. 364, § 1A, see 1980 Op. Att'y Gen. No. U80-41.

When board cannot award military service credit.

- Board of trustees has no authority to award military service credit to member of fund employed by the State of Georgia or a political subdivision thereof. 1974 Op. Att'y Gen. No. U74-109 (rendered under Ga. L. 1955, p. 339, § 5, as amended).

Person returning must reapply for coverage within four months.

- Person covered by the Firemen's Pension Fund who ceases to be a firefighter for a time and then returns to a fire department must reapply for coverage within four months after the firefighter's return if the firefighter wishes to be reinstated, and this applies even though the firefighter left the firefighter's contributions in the fund. 1973 Op. Att'y Gen. No. U73-47 (rendered under Ga. L. 1955, p. 339, § 5, as amended, and Ga. L. 1956, p. 368, § 5A, as amended).

Same limitations and restrictions applicable to re-entering member.

- Member having left fire service and having withdrawn the member's contributions from the fund who subsequently again becomes a firefighter, in order to be reinstated as a member of the fund, must make an application for membership within four months from the date of becoming such firefighter; the legislature intended to apply the same limitations and restrictions to a withdrawn member who has left the fire service and subsequently reenters it as apply to a person becoming a firefighter for the first time; the legislature did not intend to discriminate between them and allow the former an unlimited time to make an application merely by virtue of past membership. 1965-66 Op. Att'y Gen. No. 66-220 (rendered under Ga. L. 1955, p. 339, § 5, as amended, and Ga. L. 1956, p. 368, § 5A, as amended).

Member rejoins fund by repaying money withdrawn, plus dues.

- Member may withdraw from the fund after becoming a member and while still continuing the member's employment as a firefighter or volunteer firefighter, and may subsequently, while still so employed, rejoin the fund by repaying the money withdrawn, together with interest at the rate of 6 percent per annum, plus the dues which the firefighter would have had to pay in the interim, together with interest on the amount of dues at 6 percent per annum. 1958-59 Op. Att'y Gen. p. 237 (rendered under Ga. L. 1955, p. 339, § 5, as amended, and Ga. L. 1956, p. 368, § 5A, as amended).

Firefighter who left the fire service and withdrew the firefighter's contributions, and who later reentered fire service, had the status of a new firefighter when the firefighter returned to the fire service, and, under Ga. L. 1956, p. 368, § 4 (see O.C.G.A. § 47-7-40), has four months to apply for membership in the fund; under subsection (c) of Ga. L. 1956, p. 368, § 5 (see O.C.G.A. § 47-7-41), in order to obtain credit for the firefighter's prior fire service, the firefighter must pay up the amount withdrawn from the fund, together with interest thereon at 6 percent per annum. 1958-59 Op. Att'y Gen. p. 237 (rendered under Ga. L. 1955, p. 339, § 5, as amended, and Ga. L. 1956, p. 368, § 5A, as amended).

During bona fide leave of absence member is not required to pay dues. 1960-61 Op. Att'y Gen. p. 325 (rendered under Ga. L. 1955, p. 339, § 5, as amended, and Ga. L. 1956, p. 368, § 5A, as amended).

RESEARCH REFERENCES

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 145.

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