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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 17. PEACE OFFICERS' ANNUITY AND BENEFIT FUND |
| Article 1. GENERAL PROVISIONS |
| Article 2. ADMINISTRATION AND MANAGEMENT OF THE ASSETS OF THE FUND |
| Article 3. MEMBERSHIP IN AND CONTRIBUTIONS TO THE FUND |
| Article 4. REVENUES COLLECTED FROM FINES AND FEES |
| Article 5. SERVICE CREDITABLE TOWARD RETIREMENT |
| Article 6. RETIREMENT BENEFITS AND DISABILITY BENEFITS |
| Article 7. MISCELLANEOUS PROVISIONS |
REFS & ANNOS
TITLE 47 Chapter 17 NOTE
JUDICIAL DECISIONS
CONSTITUTIONALITY. --Ga. L. 1950, p. 50 (see O.C.G.A. Ch. 17, T. 47) is not in violation of Ga. Const. 1976, Art. I, Sec. II, Para. I or III (see Ga. Const. 1983, Art. I, Sec. I, Para. II and Art. I, Sec. II, Para. I) on the ground that the public interest is affected, in that prosecutions will be instituted for the sole purpose of building up this fund. There is no merit in this contention for the reason that the public officers are presumed to do their duty. Cole v. Foster, 207 Ga. 416, 61 S.E.2d 814 (1950).
Ga. L. 1950, p. 50 (see O.C.G.A. Ch. 17, T. 50) is not in violation of Ga. Const. 1976, Art. VII, Sec. I, Para. II (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI) relating to gratuities. Cole v. Foster, 207 Ga. 416, 61 S.E.2d 814 (1950).
CITED in McCallum v. Bryan, 213 Ga. 669, 100 S.E.2d 916 (1957); Crow v. McCallum, 215 Ga. 692, 113 S.E.2d 203 (1960).
OPINIONS OF THE ATTORNEY GENERAL
PAROLE REVIEW OFFICERS employed by the State Board of Pardons and Paroles are entitled to membership in the Peace Officers' Annuity and Benefit Fund. 1975 Op. Att'y Gen. No. U75-30.
COUNTY FIREFIGHTERS AND DEPUTY SHERIFFS are not prohibited from simultaneously belonging to both the county retirement system and either the Peace Officers' Annuity and Benefit Fund or the Georgia Firemen's Pension Fund. 1975 Op. Att'y Gen. No. U75-77.
ELIGIBILITY OF INVESTIGATORS EMPLOYED BY GEORGIA FORESTRY COMMISSION AND DEPARTMENT OF AGRICULTURE. --Investigators at issue who are employed by the Georgia Forestry Commission and by the Georgia Department of Agriculture do not meet the definition of peace officer in O.C.G.A. 47-17-1(5)(A) as that definition has been interpreted by the Georgia Supreme Court and that the investigators therefore are not eligible for membership in the Peace Officers Annuity Board Fund. Although it is clear that these investigators perform important functions for the citizens of this State, the investigators' specific missions do not meet the criteria established by the General Assembly, as interpreted by the Georgia Supreme Court, for membership in this supplemental retirement fund. This conclusion, of course, in no way limits their status as members of the Employees Retirement System of Georgia, the primary pension fund for state employees. 2010 Op. Att'y Gen. No. 10-4.
RESEARCH REFERENCES
ALR. --Statute of limitations in respect of action or proceeding to establish right to, or recovery of benefits of, pension, 136 ALR 809.
Reasonableness of classification, as regards beneficiaries, by statute providing for retirement fund or pension for public officers or employees, 163 ALR 870.
What constitutes "salary," "wages," "pay," or the like, within pension law basing benefits thereon, 14 ALR2d 634.
Gift to or for employees' pension fund as valid charitable gift or trust, 28 ALR2d 428.
Vested right of pensioner to pension, 52 ALR2d 437.
Unemployment compensation: eligibility of employee laid off according to employer's mandatory retirement plan, 50 ALR3d 880.
Right to unemployment compensation as affected by receipt of pension, 56 ALR3d 520.
CONSTITUTIONALITY. --Ga. L. 1950, p. 50 (see O.C.G.A. Ch. 17, T. 47) is not in violation of Ga. Const. 1976, Art. I, Sec. II, Para. I or III (see Ga. Const. 1983, Art. I, Sec. I, Para. II and Art. I, Sec. II, Para. I) on the ground that the public interest is affected, in that prosecutions will be instituted for the sole purpose of building up this fund. There is no merit in this contention for the reason that the public officers are presumed to do their duty. Cole v. Foster, 207 Ga. 416, 61 S.E.2d 814 (1950).
Ga. L. 1950, p. 50 (see O.C.G.A. Ch. 17, T. 50) is not in violation of Ga. Const. 1976, Art. VII, Sec. I, Para. II (see Ga. Const. 1983, Art. III, Sec. VI, Para. VI) relating to gratuities. Cole v. Foster, 207 Ga. 416, 61 S.E.2d 814 (1950).
CITED in McCallum v. Bryan, 213 Ga. 669, 100 S.E.2d 916 (1957); Crow v. McCallum, 215 Ga. 692, 113 S.E.2d 203 (1960).
OPINIONS OF THE ATTORNEY GENERAL
PAROLE REVIEW OFFICERS employed by the State Board of Pardons and Paroles are entitled to membership in the Peace Officers' Annuity and Benefit Fund. 1975 Op. Att'y Gen. No. U75-30.
COUNTY FIREFIGHTERS AND DEPUTY SHERIFFS are not prohibited from simultaneously belonging to both the county retirement system and either the Peace Officers' Annuity and Benefit Fund or the Georgia Firemen's Pension Fund. 1975 Op. Att'y Gen. No. U75-77.
ELIGIBILITY OF INVESTIGATORS EMPLOYED BY GEORGIA FORESTRY COMMISSION AND DEPARTMENT OF AGRICULTURE. --Investigators at issue who are employed by the Georgia Forestry Commission and by the Georgia Department of Agriculture do not meet the definition of peace officer in O.C.G.A. 47-17-1(5)(A) as that definition has been interpreted by the Georgia Supreme Court and that the investigators therefore are not eligible for membership in the Peace Officers Annuity Board Fund. Although it is clear that these investigators perform important functions for the citizens of this State, the investigators' specific missions do not meet the criteria established by the General Assembly, as interpreted by the Georgia Supreme Court, for membership in this supplemental retirement fund. This conclusion, of course, in no way limits their status as members of the Employees Retirement System of Georgia, the primary pension fund for state employees. 2010 Op. Att'y Gen. No. 10-4.
RESEARCH REFERENCES
ALR. --Statute of limitations in respect of action or proceeding to establish right to, or recovery of benefits of, pension, 136 ALR 809.
Reasonableness of classification, as regards beneficiaries, by statute providing for retirement fund or pension for public officers or employees, 163 ALR 870.
What constitutes "salary," "wages," "pay," or the like, within pension law basing benefits thereon, 14 ALR2d 634.
Gift to or for employees' pension fund as valid charitable gift or trust, 28 ALR2d 428.
Vested right of pensioner to pension, 52 ALR2d 437.
Unemployment compensation: eligibility of employee laid off according to employer's mandatory retirement plan, 50 ALR3d 880.
Right to unemployment compensation as affected by receipt of pension, 56 ALR3d 520.