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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 47. RETIREMENT AND PENSIONS |
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Chapter 12. DISTRICT ATTORNEYS EMERITUS AND THE DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA |
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Article 4. ELIGIBILITY FOR APPOINTMENT AS DISTRICT ATTORNEY EMERITUS |
| § 47-12-60. Eligibility for retirement from the office of district attorney and appointment to the office of district attorney emeritus |
| § 47-12-61. Credit for service rendered as a judge of a city court from which appeals can be taken directly to the Court of Appeals; payments required in order to obtain such credit |
| § 47-12-62. Credit for service rendered as a judge of a county court from which appeals can be taken directly to the Court of Appeals; payments required in order to obtain such credit |
| § 47-12-63. Credit for service rendered as a member of the General Assembly or as an attorney for the state or an authority thereof; payments required in order to obtain such credit |
| § 47-12-64. Credit for service in the armed forces of the United States during certain national emergencies; payments required in order to obtain such credit |
REFS & ANNOS
TITLE 47 Chapter 12 Article 4 NOTE
OPINIONS OF THE ATTORNEY GENERAL
RETIREMENT ELIGIBILITY, REGARDLESS OF AGE. --If a district attorney has served 19 years in that capacity, the district attorney is eligible to retire as a district attorney emeritus regardless of the district attorney's age. 1972 Op. Att'y Gen. No. 72-17.
SERVICE AS AN ASSISTANT DISTRICT ATTORNEY MAY BE CREDITED towards eligibility for appointment as district attorney emeritus as long as the assistant district attorney was performing the duties of a district attorney in the prosecution of cases in both the superior and city court, and such service as an assistant was immediately prior to appointment or election as district attorney; further, that, prior to appointment as a district attorney emeritus, the majority of time must have been as a district attorney. 1972 Op. Att'y Gen. No. 72-25.
SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY, not to exceed three years, is creditable towards appointment under the district attorney emeritus program, provided payment into the retirement fund is properly made. 1972 Op. Att'y Gen. No. 72-25.
SERVICE AS CITY COURT SOLICITOR is creditable, but the district attorney must make payments into the fund to cover the entire period for which retirement is to be paid; while the statute sets a time limit upon when payments for military service are to be made, it is silent as to the time when service as a city court solicitor must be paid for; consequently, the district attorney may make these payments at the conclusion of the district attorney's first term of office. 1972 Op. Att'y Gen. No. U72-65.
INTEREST ON PAYMENTS INTO FUND. --While the law requires that a district attorney seeking credit toward appointment as district attorney emeritus for service in the military, as judge of a city court, or as salaried attorney for the state or any authority thereof, make payments into the fund with interest, the statute is silent as to interest payments for service as city court solicitor, assistant district attorney, or assistant to a district attorney; consequently, interest need not be paid when paying for service in the three positions last mentioned. 1972 Op. Att'y Gen. No. U72-95.
RESEARCH REFERENCES
AM. JUR. 2D. --63C Am. Jur. 2d, Prosecuting Attorneys, §§ 1, 10 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 50 et seq.
C.J.S. --27 C.J.S., District and Prosecuting Attorneys, § 11 et seq.
RETIREMENT ELIGIBILITY, REGARDLESS OF AGE. --If a district attorney has served 19 years in that capacity, the district attorney is eligible to retire as a district attorney emeritus regardless of the district attorney's age. 1972 Op. Att'y Gen. No. 72-17.
SERVICE AS AN ASSISTANT DISTRICT ATTORNEY MAY BE CREDITED towards eligibility for appointment as district attorney emeritus as long as the assistant district attorney was performing the duties of a district attorney in the prosecution of cases in both the superior and city court, and such service as an assistant was immediately prior to appointment or election as district attorney; further, that, prior to appointment as a district attorney emeritus, the majority of time must have been as a district attorney. 1972 Op. Att'y Gen. No. 72-25.
SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY, not to exceed three years, is creditable towards appointment under the district attorney emeritus program, provided payment into the retirement fund is properly made. 1972 Op. Att'y Gen. No. 72-25.
SERVICE AS CITY COURT SOLICITOR is creditable, but the district attorney must make payments into the fund to cover the entire period for which retirement is to be paid; while the statute sets a time limit upon when payments for military service are to be made, it is silent as to the time when service as a city court solicitor must be paid for; consequently, the district attorney may make these payments at the conclusion of the district attorney's first term of office. 1972 Op. Att'y Gen. No. U72-65.
INTEREST ON PAYMENTS INTO FUND. --While the law requires that a district attorney seeking credit toward appointment as district attorney emeritus for service in the military, as judge of a city court, or as salaried attorney for the state or any authority thereof, make payments into the fund with interest, the statute is silent as to interest payments for service as city court solicitor, assistant district attorney, or assistant to a district attorney; consequently, interest need not be paid when paying for service in the three positions last mentioned. 1972 Op. Att'y Gen. No. U72-95.
RESEARCH REFERENCES
AM. JUR. 2D. --63C Am. Jur. 2d, Prosecuting Attorneys, §§ 1, 10 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 50 et seq.
C.J.S. --27 C.J.S., District and Prosecuting Attorneys, § 11 et seq.