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Ga. Const. art. III, § X, ¶ I — Expenditure of public funds authorized | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE III. LEGISLATIVE BRANCH

Paragraph I. Expenditure of public funds authorized.

Public funds may be expended for the purpose of paying benefits and other costs of retirement and pension systems for public officers and employees and their beneficiaries.

1976 Constitution.

- Art. X, Sec. I, Paras. I-III.

JUDICIAL DECISIONS

Payment of retirement benefits to school employees is not an expenditure for an "educational purpose."

- Rather, payment of retirement benefits for county school employees from general county funds is authorized by Ga. Const. 1976, Art. X, Sec. I, Paras. I-III (see Ga. Const. 1983, Art. III, Sec. X, Para. I) and by Ga. Const. 1976, Art. IX, Sec. V, Para. II (see Ga. Const. 1983, Art. IX, Sec. IV, Para. II), as it represents a separate and distinct public purpose. Lomax v. McBrayer, 248 Ga. 753, 286 S.E.2d 35 (1982).

Retirement of elected judicial officers.

- The Georgia Constitution does not prohibit the award to elected judicial officers of creditable service for retirement purposes based upon accrued but unused annual leave and sick leave. Arneson v. Board of Trustees, 257 Ga. 579, 361 S.E.2d 805 (1987).

Cited in Young v. State, 132 Ga. App. 790, 209 S.E.2d 96 (1974); Teachers Retirement Sys. v. City of Atlanta, 249 Ga. 196, 288 S.E.2d 200 (1982).

OPINIONS OF THE ATTORNEY GENERAL

Employees of Southern Interstate Nuclear Board.

- Subject to restriction regarding participation in more than one program, employees of Southern Interstate Nuclear Board are eligible for coverage by the Georgia State Employees' Retirement System; a contractual arrangement approved by the Governor would be the proper means of providing this coverage. 1967 Op. Att'y Gen. No. 67-22.

Supplemental retirement plan at Medical College of Georgia.

- It is within the authority of the Board of Regents to establish a supplemental retirement plan at the Medical College of Georgia. 1999 Op. Att'y Gen. No. U99-10.

RESEARCH REFERENCES

Am. Jur. 2d.

- 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1166 et seq.

C.J.S.

- 78 C.J.S., Schools and School Districts, § 481 et seq.

ALR.

- Disciplinary suspension of public employee as affecting computation of length of service for retirement or pension purposes, 6 A.L.R.2d 506.

Mandatory retirement of public officer or employee based on age, 81 A.L.R.3d 811.