O.C.G.A.

O.C.G.A. § 47-8-20 (2019)

Membership in the fund; effect of contributions on eligibility for benefits and participation in the fund; payment of contributions for service rendered before becoming a member

✓ 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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(a) All judges of the superior courts of this state who qualify under this chapter shall be eligible to participate in the fund. In order to be eligible to receive the benefits provided by this chapter, a judge of the superior court must begin making the contributions required by this chapter by December 31, 1964, or within 90 days after taking office as judge of the superior court, whichever date is later. Any judge who fails to begin making the contributions required by this chapter within the time required by this Code section shall be forever barred from participating in the fund.

(b) Any judge of a superior court who desires to qualify under this chapter to participate in the fund shall, as a prerequisite to such participation, pay into the fund a sum of money equal to the contributions required by this chapter from the date of the beginning of his service as judge of a superior court until the date such sum of money is paid into the fund. At the same time he shall pay into the fund an amount of money equivalent to 6 percent simple interest on such sum of money for each year from the beginning of his service as a judge of a superior court until the date the contributions are paid into the fund.

History

(Ga. L. 1945, p. 362, § 9; Ga. L. 1959, p. 301, § 1; Ga. L. 1964, p. 720, § 1; Ga. L. 1982, p. 3, § 47.)

Annotations

OPINIONS OF THE ATTORNEY GENERAL No contribution required for service as city court solicitor. - For participation in the superior court judge emeritus program (now Superior Court Judges Retirement Fund), there is no provision which requires a contribution for the years of service as a solicitor of the city court. 1972 Op. Att’y Gen. No. 72-8. Benefits from separate retirement systems. - Person may receive benefits from

both the Judicial Retirement System and the appellate judge’s option of the Employee’s Retirement System, assuming the eligibility requirements of both statutes have been met. 2000 Op. Atty. Gen. No. U2000-8. Person may not draw benefits from the Judicial Retirement System while simultaneously drawing compensation as an appellate court judge. 2000 Op. Atty. Gen. No. U2000-8.

RESEARCH REFERENCES Am. Jur. 2d. - 60A Am. Jur. 2d, Pensions and Retirement Funds, §§ 1174 et seq., 1183, 1228, 1252.

Notes of Decisions
Cited in 1 case, 1984–1984 · leading case: State of Ga. v. McMillan, 319 S.E.2d 1 (Ga. 1984).
State of Ga. v. McMillan, 319 S.E.2d 1 (Ga. 1984). · cites it 4× “" OCGA § 47-8-20 (b). While the defendants recognize that participation under the 1976 Act is compulsory while a judge is serving as judge, they note that he may withdraw his own contributions with interest upon retirement and forego any retirement benefits.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.