Creation and Membership of Board of Commissioners; Appointment and Terms; Officers and Compensation; Vacancies

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Judges of the Probate Courts Retirement Fund of Georgia
  5. Creation, Administration, and Management of the Assets of the Fund
  6. Creation and Membership of Board of Commissioners; Appointment and Terms; Officers and Compensation; Vacancies

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  1. There is created the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia.The board shall consist of seven members as follows:
    1. The Governor or the Governor's designee;
    2. An appointee of the Governor who is not the Attorney General;
    3. Four judges of the probate courts who are members of the fund; and
    4. One appointee of the Governor who is a member of the fund and a retired judge of the probate court.
    1. The members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor. The first such member shall be appointed by the Governor to take office on July 1, 1984, for initial terms as follows:one such member shall be appointed for one year; one such member shall be appointed for a term of two years; and two such members shall be appointed for terms of three years. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years.All such members shall serve until their successors are appointed and qualified.Such members shall be eligible for reappointment to successive terms of office as members of the board.
    2. The member of the board provided for by paragraph (4) of subsection (a) of this Code section shall be appointed by the Governor. The first such member shall be appointed by the Governor to take office on October 1, 1991, for an initial term of three years.Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years.Each such member shall serve until his successor is appointed and qualified.Each such member shall be eligible for reappointment to successive terms of office as a member of the board.
  3. The board shall elect a chairman from among its own membership to serve for a term as chairman established by rules of the board.Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall serve without compensation but may be reimbursed for travel and other expenses incurred by them in carrying out their duties as members of the board.
  4. In the event of a vacancy in the membership of the board appointed by the Governor, the remaining members of the board shall appoint a judge of the probate court who is a member of the fund to fill such vacancy for the unexpired term; provided, however, that with respect to a vacancy in the membership of the board provided for by paragraph (4) of subsection (a) of this Code section, the person appointed to fill such vacancy for the unexpired term shall be a retired judge of the probate court who is a member of the fund.
  5. The Judges of the Probate Courts Group of the County Officers Association of Georgia shall be authorized to submit the names of nominees for each position on the board appointed by the Governor pursuant to this Code section. The Governor may consider the nominees made by said Judges of the Probate Courts Group in making such appointments, but it is specifically provided that all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to make any appointments from nominees made by said Judges of the Probate Courts Group.

(Ga. L. 1958, p. 185, § 1; Ga. L. 1972, p. 416, § 1; Ga. L. 1972, p. 417, § 1; Ga. L. 1982, p. 3, § 47; Ga. L. 1984, p. 932, § 1; Ga. L. 1988, p. 426, § 1; Ga. L. 1991, p. 1105, § 1.)

Editor's notes.

- Ga. L. 1984, p. 932, § 2, not codified by the General Assembly, provides: "The positions of membership on the Board of Commissioners of the Judges of the Probate Courts Retirement Fund, except for the Governor and the Attorney General, existing on June 30, 1984, shall stand abolished on July 1, 1984."

Ga. L. 1984, p. 932, § 3, not codified by the General Assembly, provides: "This Act [which amended this Code section] shall become effective upon its approval by the Governor [March 28, 1984] or upon its otherwise becoming law for the administrative purpose of allowing the Governor to consider appointments pursuant to quoted revised Code Section 47-11-20 of Section 1 of this Act. This Act shall become effective for all purposes on July 1, 1984."

RESEARCH REFERENCES

Am. Jur. 2d.

- 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1244. 63C Am. Jur. 2d, Public Officers and Employees, §§ 86 et seq., 105 et seq., 137, 241, 271 et seq., 287.

C.J.S.

- 48A C.J.S., Judges, §§ 182 et seq., 204 et seq. 67 C.J.S., Officers, §§ 36, 66, 76, 225. 70 C.J.S., Pensions, § 204 et seq.


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