O.C.G.A. § 47-7-41 (2019)
Effect of withdrawal of contributions or termination of employment; eligibility for reinstatement; credit for time spent on leave of absence and resumption of payments to fund upon return to service
(a)(1) Any member of the fund who is in good standing with the fund, 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. Upon application prior to the expiration of any leave of absence or extended leave of absence, such a member shall be entitled to an extension of such leave of absence for a period of not greater than two years. If a member who leaves work as a firefighter or volunteer firefighter 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) A member of the fund who obtains a leave of absence under paragraph (1) of this subsection shall, upon application to the board, be entitled to reinstatement to active status in the fund; 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 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.
(b)(1) A member may at any time elect to withdraw from membership in the fund and upon such withdrawal shall be entitled to a refund of dues theretofore paid by such member as provided in Code Section 47-7-105. Any member who elects to withdraw from membership in the fund shall not thereafter be eligible for membership or benefits except upon reinstatement to active membership in accordance with this subsection. Any such member may make application to the board for reinstatement of membership. Upon making such application, the applicant must pay to the fund a reinstatement fee of $100.00. Upon reinstatement, such member shall be entitled to credit for service rendered after reinstatement to active membership in the fund 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 membership in the fund.
(2) 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.
History
(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.)
Annotations
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.