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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 23. GEORGIA JUDICIAL RETIREMENT SYSTEM |
| Article 1. GENERAL PROVISIONS |
| Article 2. ADMINISTRATION AND MANAGEMENT |
| Article 3. MEMBERSHIP IN THE SYSTEM |
| Article 4. SERVICE CREDITABLE |
| Article 5. CONTRIBUTIONS |
| Article 6. SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS |
| Article 7. MISCELLANEOUS PROVISIONS |
REFS & ANNOS
TITLE 47 Chapter 23 NOTE
CROSS REFERENCES. --Reimbursement of Department of Law by Employees' Retirement System of Georgia, Teachers Retirement System of Georgia, for legal services, § 45-15-37.
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the provisions, opinions under Ga. L. 1976, p. 586 are included in the annotations for this chapter.
SUPERIOR COURT JUDGES ELIGIBLE FOR ONE OF THREE RETIREMENT SYSTEMS: (1) Superior Court Judges Retirement Fund of Georgia (Ch. 8 of this title, § 47-8-1 et seq.), (2) Trial Judges and Solicitors Retirement Fund (former Ch. 10 of this title), and (3) Superior Court Judges Retirement System (former Ch. 9 of this title) depending mainly on the date of assuming office. 1976 Op. Att'y Gen. No. 76-86 (decided under Ga. L. 1976, p. 586).
MEMBERSHIP IN SUPERIOR COURT JUDGES RETIREMENT SYSTEM. --Superior court judge who took office as such after June 30, 1968, and who did not become a member of the Trial Judges and Solicitors Retirement Fund, is authorized and required to become a member of the Superior Court Judges Retirement System under Ga. L. 1976, p. 586, § 8. 1976 Op. Att'y Gen. No. U76-49 (decided under Ga. L. 1976, p. 586).
SIMULTANEOUS MEMBERSHIP IN TWO SYSTEMS. --One who is both a state court judge and a juvenile court judge may simultaneously belong to the Employees' Retirement System (Ch. 2 of this title, O.C.G.A. § 47-2-1 et seq.), if otherwise eligible, and the Trial Judges, and Solicitors Retirement Fund. 1981 Op. Att'y Gen. No. 81-6 (decided under Ga. L. 1976, p. 586).
APPLICABILITY OF GA. L. 1976, P. 586 TO NON-MEMBER OF FUND UNDER THIS CHAPTER. --A judge who has never been a member of either the Trial Judges and Solicitors Retirement Fund or the Superior Court Judges Retirement Fund of Georgia (see O.C.G.A. § 47-8-1 et seq.), and has not performed any service under nor made contributions pursuant to either of these provisions, cannot be vested with any rights, benefits, or elections granted and contained in those provisions, and, accordingly, Ga. L. 1976, p. 586, § 39 had no application to such judge..
APPLICABILITY OF AMENDMENTS. --If a former member makes no contributions to the fund and performs no services as a member after amendments become effective, they do not apply to him. 1980 Op. Att'y Gen. No. 80-155 (decided under Ga. L. 1976, p. 586).
RESEARCH REFERENCES
ALR. --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.
Relationship between performance of official duties and subsequent disability or death, for purpose of pension or survivorship benefits of government employee other than fireman, policeman, or military personnel, 85 ALR2d 1048.
Mandatory retirement of public officer or employee based on age, 81 ALR3d 811.
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the provisions, opinions under Ga. L. 1976, p. 586 are included in the annotations for this chapter.
SUPERIOR COURT JUDGES ELIGIBLE FOR ONE OF THREE RETIREMENT SYSTEMS: (1) Superior Court Judges Retirement Fund of Georgia (Ch. 8 of this title, § 47-8-1 et seq.), (2) Trial Judges and Solicitors Retirement Fund (former Ch. 10 of this title), and (3) Superior Court Judges Retirement System (former Ch. 9 of this title) depending mainly on the date of assuming office. 1976 Op. Att'y Gen. No. 76-86 (decided under Ga. L. 1976, p. 586).
MEMBERSHIP IN SUPERIOR COURT JUDGES RETIREMENT SYSTEM. --Superior court judge who took office as such after June 30, 1968, and who did not become a member of the Trial Judges and Solicitors Retirement Fund, is authorized and required to become a member of the Superior Court Judges Retirement System under Ga. L. 1976, p. 586, § 8. 1976 Op. Att'y Gen. No. U76-49 (decided under Ga. L. 1976, p. 586).
SIMULTANEOUS MEMBERSHIP IN TWO SYSTEMS. --One who is both a state court judge and a juvenile court judge may simultaneously belong to the Employees' Retirement System (Ch. 2 of this title, O.C.G.A. § 47-2-1 et seq.), if otherwise eligible, and the Trial Judges, and Solicitors Retirement Fund. 1981 Op. Att'y Gen. No. 81-6 (decided under Ga. L. 1976, p. 586).
APPLICABILITY OF GA. L. 1976, P. 586 TO NON-MEMBER OF FUND UNDER THIS CHAPTER. --A judge who has never been a member of either the Trial Judges and Solicitors Retirement Fund or the Superior Court Judges Retirement Fund of Georgia (see O.C.G.A. § 47-8-1 et seq.), and has not performed any service under nor made contributions pursuant to either of these provisions, cannot be vested with any rights, benefits, or elections granted and contained in those provisions, and, accordingly, Ga. L. 1976, p. 586, § 39 had no application to such judge..
APPLICABILITY OF AMENDMENTS. --If a former member makes no contributions to the fund and performs no services as a member after amendments become effective, they do not apply to him. 1980 Op. Att'y Gen. No. 80-155 (decided under Ga. L. 1976, p. 586).
RESEARCH REFERENCES
ALR. --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.
Relationship between performance of official duties and subsequent disability or death, for purpose of pension or survivorship benefits of government employee other than fireman, policeman, or military personnel, 85 ALR2d 1048.
Mandatory retirement of public officer or employee based on age, 81 ALR3d 811.