GEORGIA CODE (Last Updated: August 20, 2013) |
Title 47. RETIREMENT AND PENSIONS |
Chapter 3. TEACHERS RETIREMENT SYSTEM OF GEORGIA |
Article 5. SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS |
§ 47-3-80. Power of the board of trustees to determine which service is creditable service |
§ 47-3-81. Transfer of service credits from Employees' Retirement System of Georgia; limitations; additional contributions or adjustments required |
§ 47-3-82. Reestablishment of creditable service by persons who have withdrawn their contributions |
§ 47-3-83. Service credit for active duty service in the armed forces of the United States; limitations on credit for such service if used to obtain other state or federal retirement benefits |
§ 47-3-84. Credit for service rendered by members who have breaks in membership; payments required to obtain such credit |
§ 47-3-84.1. Certain former members of the system who have not withdrawn contributions |
§ 47-3-84.2. Credit for service by members described in subparagraphs (N) and (P) of paragraph (28) of Code Section 47-3-1 |
§ 47-3-85. Credit for service by former member of Employees' Retirement System of Georgia who withdrew contributions; credit for service before that retirement system established |
§ 47-3-86. Issuance of a prior service certificate; evidentiary effect of such certificate; credit for prior service rendered by members who previously elected nonmembership |
§ 47-3-87. Accumulated contributions for prior service; local retirement fund service included; determination of earnable compensation received during prior service |
§ 47-3-87.1. Credit for service rendered in independent school system prior to, but not later than, June 30, 1979 |
§ 47-3-88. Credit for service rendered to a local school system by persons who became members on or after April 1, 1966; payments required in order to obtain such credit |
§ 47-3-89. Credit for service rendered in governmentally supported or operated schools other than public schools in Georgia; payments required to obtain credit for such service |
§ 47-3-90. Absence from employment because of pregnancy |
§ 47-3-91. Credit for service for visiting scholars |
§ 47-3-92. Absence from employment because of sick leave; creditable service |
§ 47-3-93. Additional creditable service for members with at least 25 years of creditable service |
§ 47-3-94. Credit for service while employed by nonprofit corporation under contract with state agency; requirements |
§ 47-3-95. Credit for service in private schools |
REFS & ANNOS
TITLE 47 Chapter 3 Article 5 NOTE
JUDICIAL DECISIONS
AUTHORITY OF LOCAL SCHOOL BOARDS to set individual retirement policies, see Davis v. Griffin-Spalding County Bd. of Educ., 445 F. Supp. 1048 (N.D. Ga. 1975) (decided under Ga. L. 1943, p. 640, § 4, as amended).
OPINIONS OF THE ATTORNEY GENERAL
IN FIVE-YEAR AVERAGE SALARY, "YEAR" MAY MEAN 12 MONTHS. --For the purposes of awarding a year of creditable service and determining a member's five-year average salary for computing benefits, the board of trustees may, by rule or regulation, employ the word "year" to mean a continuous 12 month period of time. 1976 Op. Att'y Gen. No. 76-84.
TEACHER NOT ALLOWED DUAL PENSION BENEFITS. --If a teacher includes previous service in a system under the retirement system toward retirement under a local retirement fund, and the retirement system pays the pension amounts on that service to the local fund, the teacher cannot be allowed pension benefits from the retirement system based on those same years for which payments are being made to the local fund as this would clearly amount to a double payment. 1974 Op. Att'y Gen. No. 74-21.
RESEARCH REFERENCES
AM. JUR. 2D. --60A Am. Jur. 2d, Pensions and Retirement Funds, §§ 1187 et seq., 1231.
C.J.S. --67 C.J.S., Officers and Public Employees, § 311 et seq. 78 C.J.S., Schools and School Districts, § 481 et seq.
ALR. --Services included in computing period of service for purpose of teachers' seniority, salary, or retirement benefits, 2 ALR2d 1033.
Disciplinary suspension of public employee as affecting computation of length of service for retirement or pension purposes, 6 ALR2d 506.
AUTHORITY OF LOCAL SCHOOL BOARDS to set individual retirement policies, see Davis v. Griffin-Spalding County Bd. of Educ., 445 F. Supp. 1048 (N.D. Ga. 1975) (decided under Ga. L. 1943, p. 640, § 4, as amended).
OPINIONS OF THE ATTORNEY GENERAL
IN FIVE-YEAR AVERAGE SALARY, "YEAR" MAY MEAN 12 MONTHS. --For the purposes of awarding a year of creditable service and determining a member's five-year average salary for computing benefits, the board of trustees may, by rule or regulation, employ the word "year" to mean a continuous 12 month period of time. 1976 Op. Att'y Gen. No. 76-84.
TEACHER NOT ALLOWED DUAL PENSION BENEFITS. --If a teacher includes previous service in a system under the retirement system toward retirement under a local retirement fund, and the retirement system pays the pension amounts on that service to the local fund, the teacher cannot be allowed pension benefits from the retirement system based on those same years for which payments are being made to the local fund as this would clearly amount to a double payment. 1974 Op. Att'y Gen. No. 74-21.
RESEARCH REFERENCES
AM. JUR. 2D. --60A Am. Jur. 2d, Pensions and Retirement Funds, §§ 1187 et seq., 1231.
C.J.S. --67 C.J.S., Officers and Public Employees, § 311 et seq. 78 C.J.S., Schools and School Districts, § 481 et seq.
ALR. --Services included in computing period of service for purpose of teachers' seniority, salary, or retirement benefits, 2 ALR2d 1033.
Disciplinary suspension of public employee as affecting computation of length of service for retirement or pension purposes, 6 ALR2d 506.