O.C.G.A. § 47-8-80 (2019)
Effect of sufficiency of the fund on payment of retirement benefits; order of liability for payment of benefits
The state shall pay benefits under this chapter to all superior court judges who are eligible for retirement under this chapter without regard to the sufficiency of the fund to pay such benefits. Prior to any withdrawal against general funds of the state for payment of benefits, all interest and moneys earned and accumulated by investment pursuant to Code Section 47-8-4 shall be disbursed as benefits. The employee contributions paid by the employer to the fund on behalf of a judge of the superior courts, as provided in subsection (a) of Code Section 47-8-44, after July 1, 1980, shall be considered to be payments made by the judge.
History
(Ga. L. 1945, p. 362, § 16; Ga. L. 1964, p. 198, § 1; Ga. L. 1980, p. 925, § 13.)
Annotations
OPINIONS OF THE ATTORNEY GENERAL O.C.G.A. § 47-8-80 is specific direction as to the purpose for which the earnings of the fund may be spent. 1982 Op. Att’y Gen. No. 82-100. Transfer of earnings to other uses. - Earnings of the Superior Court Judges Retirement Fund and the District Attorneys Retirement Fund of Georgia cannot be
transferred to the 1983 Superior Court Budget Fund for operations because using these funds for any other purpose than to insure payment of benefits would constitute a serious breach of fiduciary duty of the trustees of such funds who are limited to the powers given them by statute. 1982 Op. Att’y Gen. No. 82-100.
RESEARCH REFERENCES Am. Jur. 2d. - 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1228 et seq.
C.J.S. - 70 C.J.S., Pensions, § 8.
CHAPTER 9 SUPERIOR COURT JUDGES RETIREMENT SYSTEM; SENIOR JUDGES Sec. 47-9-1 through 47-9-92 [Repealed].
47-9-1 through 47-9-92. Reserved. Repealed by Ga. L. 1998, p. 513, § 2, effective July 1, 1998. Editor’s notes. - This chapter consisted of Code Sections 47-9-1 through 47-9-3 (Article 1), 47-9-20 through 47-9-27 (Article 2), 47-9-40, 47-9-41, 47-9-41.1, and 47-9-42 (Article 3), 47-9-60 (Article 4), 47-9-70 through 47-9-77 (Article 5), 47-9-90 through 47-9-92 (Article 6), relating to superior court judges retirement system and senior judges, and was based on Ga. L. 1976, p. 586, §§ 1-21, 39, Ga. L. 1977, p. 607, § 1, Ga. L. 1980, p. 925, §§ 9-11, Ga. L. 1981, p. 407, § 1, Ga. L. 1981, p. 1232, §§ 1,2, Ga. L. 1981, p. 1386, § 3, Ga. L. 1982, p. 3, § 47, Ga. L. 1982, p. 497, §§ 1, 4, Ga. L. 1982, p. 1568, §§ 1-8, Ga. L. 1986, p. 1257, § 1, Ga. L. 1986, p. 1265,
§ 1, Ga. L. 1986, p. 1326, §§ 1, 2, Ga. L. 1988, p. 426, § 1, Ga. L. 1989, p. 80, § 1, Ga. L. 1989, p. 347, §§ 2-4, Ga. L. 1989, p. 832, § 3, Ga. L. 1990, p. 309, § 1, Ga. L. 1990, p. 516, §§ 1, 2, Ga. L. 1990, p. 550, §§ 1, 2, Ga. L. 1991, p. 130, § 1, Ga. L. 1991, p. 300, § 1, Ga. L. 1991, p. 748, § 1, Ga. L. 1992, p. 1303, § 1, Ga. L. 1993, p. 86, § 1, Ga. L. 1993, p. 1402, §§ 18, 19, Ga. L. 1994, p. 92, § 1, Ga. L. 1994, p. 214, § 1, Ga. L. 1994, p. 298, § 1, Ga. L. 1994, p. 722, § 3, Ga. L. 1995, p. 27, § 1, Ga. L. 1995, p. 651, § 5, Ga. L. 1995, p. 787, § 2, Ga. L. 1996, p. 104, §§ 1, 2, Ga. L. 1996, p. 107, § 1, Ga. L. 1996, p. 1245, § 1, Ga. L. 1998, p. 147, § 1.
CHAPTER 10 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND Sec. 47-10-1 through 47-10-132 [Repealed].
47-10-1 through 47-10-132. Reserved. Repealed by Ga. L. 1998, p. 513, § 2, effective July 1, 1998. Editor’s notes. - Former Code Section 47-10-61 (Ga. L. 1968, p. 259, § 13), relating to reporting of fees received by solicitors of inferior courts, was repealed by Ga. L. 1990, p. 546, § 3. Former Code Section 47-10-107 (Ga. L. 1980, p. 1361, § 14 and Ga. L. 1992, p. 1112, § 2), relating to eligibility for election or appointment to state office and practice while receiving retirement benefits, was repealed by Ga. L. 1994, p. 722, § 4. This chapter consisted of Code Sections 47-10-1 through 47-10-3 (Article 1), 47-10-20 through 47-10-28 (Article 2), 47-10-40, 47-10-41 (Article 3), 47-10-60 through 47-10-66 (Article 4), 47-10-80 through 47-10-82 (Article 5), 47-10-100 through 47-10-108 (Article 6), 47-10-120, 47-10-121 (Article 7), 47-10-130 through 47-10-132 (Article 8), relating to the trial judges and
solicitors retirement fund, and was based on Ga. L. 1968, p. 259, §§ 1-10, 12, 14-29, Ga. L. 1969, p. 929, § 1, Ga. L. 1971, p. 335, § 1, Ga. L. 1972, p. 539, §§ 1-3, Ga. L. 1973, p. 788, § 1, Ga. L. 1976, p. 586, §§ 23-25, 27-29, Ga. L. 1978, p. 2173, §§ 20, 21, Ga. L. 1978, p. 2173, § 21, Ga. L. 1980, p. 1361, §§ 1-6, 8-13, Ga. L. 1982, p. 3, § 47, Ga. L. 1982, p. 961, §§ 1, 2 , Ga. L. 1984, p. 1179, §§ 1, 2, Ga. L. 1985, p. 209, § 1, Ga. L. 1987, p. 146, § 1, Ga. L. 1990, p. 546, §§ 1, 2, 4, 5, Ga. L. 1990, p. 550, § 3, Ga. L. 1991, p. 130, § 1, Ga. L. 1992, p. 1112, §§ 1, 3, Ga. L. 1992, p. 1331, § 1, Ga. L. 1992, p. 2102, § 1, Ga. L. 1993, p. 1402, § 13, 14, 18, 19, Ga. L. 1993, p. 803, § 1, Ga. L. 1994, p. 722, § 4, Ga. L. 1995, p. 651, § 6, Ga. L. 1996, p. 377, § 1, Ga. L. 1996, p. 374, § 1, Ga. L. 1997, p. 950, § 1.
CHAPTER 11 JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA Sec.
Article 1 General Provisions Sec.
Definitions.
Article 2 Creation, Administration, and Management of the Assets of the Fund
Creation and membership of board of commissioners; appointment and terms; officers and compensation; vacancies. Creation of office of secretary-treasurer; credit for service rendered; retirement benefits; surety bonds; reports and accounting. Powers and duties of the board. Control of funds; special account for deposit and payment; powers regarding investments; power to employ agents as investment advisers. Power of board to take, hold, and invest any gift, grant, or bequest. Duty of board to keep records. Annual audit; power of state auditor to conduct audit when he or she sees fit or at request of the Governor.
Article 3 Membership in and Contributions to the Fund
Eligibility to participate; credit for service rendered; requirements for judges to participate. Service credit not allowed for periods during which contributions not timely paid. Suspension of membership.
Article 5 Retirement Benefits and Refunds of Dues
Eligibility and application for retirement benefits; early retirement. Amount of retirement benefits; optional retirement benefits; manner in which persons not eligible for maximum benefits at retirement may become eligible.