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O.C.G.A. § 47-8-42 — Eligibility for retirement; benefits | Georgia Code
O.C.G.A. § 47-8-42 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 47 RETIREMENT AND PENSIONS

Section 8. Superior Court Judges Retirement Fund of Georgia; Senior Judges (Emeritus), 47-8-1 through 47-8-80.

ARTICLE 3 ELIGIBILITY FOR APPOINTMENT AS SENIOR JUDGE

47-8-42. Eligibility for retirement; benefits.

No judge shall be eligible for benefits under this chapter unless he has qualified under one of the following provisions:

  1. Retirement at two-thirds' the salary paid to superior court judges:
    1. Any judge of a superior court of this state who is in at least his nineteenth year of service as a judge of the superior court computed as provided in this chapter; or
    2. Any judge of a superior court already in service for 19 years on March 9, 1945, as a judge of a superior court and who is still in service as such officer.
  2. Retirement at one-half of the salary paid to superior court judges:
    1. Any judge of a superior court of this state who has attained the age of 65 years and who has completed ten years of actual service as a judge of a superior court; or
    2. Any judge of a superior court who has been in service as a judge of a superior court for at least ten years and who becomes disabled from continuing his duties as judge of the superior court, who shall have attained the age of 62 years, satisfactory evidence of such disability having been presented to the board of trustees and a recommendation of appointment having been made by a majority of the board.

(Ga. L. 1945, p. 362, § 12; Ga. L. 1946, p. 228, § 3; Ga. L. 1950, p. 283, § 4; Ga. L. 1952, p. 293, § 4; Ga. L. 1953, Nov.-Dec. Sess., p. 108, § 4; Ga. L. 1955, p. 152, § 4; Ga. L. 1976, p. 586, § 36; Ga. L. 1992, p. 477, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Judge, or widow, entitled to disability benefits.

- Superior court judge is entitled to disability benefits although the judge has not attained the required retirement age, provided the judge otherwise meets the requirements of Ga. L. 1945, p. 362 (see O.C.G.A. Ch. 8, T. 47); if such a judge makes the election provided by these provisions, fully complies with the statutory terms, and dies after being entitled to disability benefits, the judge's widow thereby would be entitled to the benefits provided, instead of being forced to accept a return of contributions in accordance Ga. L. 1945, p. 362, § 15 (see O.C.G.A. § 47-8-69). 1968 Op. Att'y Gen. No. 68-331.

RESEARCH REFERENCES

Am. Jur. 2d.

- 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1192 et seq.

C.J.S.

- 48A C.J.S., Judges, §§ 182 et seq., 204 et seq.

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.