Payments by District Attorneys Into the Fund

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia
  5. Membership in and Contributions to the Fund
  6. Payments by District Attorneys Into the Fund

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  1. All district attorneys who qualify under this chapter shall pay into the fund the amount of 5 percent of their state salary for each year; and any district attorney who makes payment to this fund shall be eligible to retire from the office and be eligible to the appointment of district attorney emeritus, at a salary of one-half of what he has previously received as compensation as state salary for the final calendar year of his service as active district attorney of his circuit.
  2. Each district attorney who is now in office and who is otherwise eligible to participate in the benefits provided by this chapter shall make his or her payments to the fund until his or her retirement. Any such district attorney who is eligible to participate in the fund but who has not made the payments set forth in this Code section may pay such amounts into the fund not later than July 1, 1961, with interest at the rate of 5 percent per annum on all amounts due since February 17, 1949, to the date of payment to the Prosecuting Attorneys' Council of the State of Georgia.
  3. Any district attorney who was not in office on February 17, 1949, and who had previously served as a district attorney in this state may qualify and be eligible to participate in the benefits provided by this chapter by paying 5 percent of the existing salary or annual fees of such district attorney, plus interest at 5 percent per annum from February 17, 1949, to the date of payment to the fund, as though he or she had been in office since that date. Such payment shall be made into the fund within six months after reentering upon the duties of district attorney. Such person shall continue to pay into the fund the amount of 5 percent of his or her salary or fees for each year thereafter until he or she is in at least his or her nineteenth year of service, including service prior to and subsequent to February 17, 1949.
  4. District attorneys who qualify under this chapter must make payments to the fund for the entire period set forth in Code Section 47-12-60 and until retirement and must remain in office and render service as an active district attorney for the entire qualifying period or shall have rendered a part of such service as solicitor of a city court from which direct appeals may be taken to the Court of Appeals of Georgia, or otherwise as is provided and set forth in Code Section 47-12-60.

(Ga. L. 1949, p. 780, § 9; Ga. L. 1950, p. 228, § 3; Ga. L. 1953, Jan.-Feb. Sess., p. 211, § 1; Ga. L. 1958, p. 163, § 2; Ga. L. 1961, p. 226, § 1; Ga. L. 1965, p. 481, § 1; Ga. L. 1975, p. 1632, § 4; Ga. L. 1993, p. 1402, § 15; Ga. L. 2009, p. 753, § 9/SB 109.)

The 2009 amendment, effective July 1, 2010, in subsection (b), inserted "or her" twice in the first sentence and substituted "Prosecuting Attorneys' Council of the State of Georgia" for "Fiscal Division of the Department of Administrative Services" at the beginning of the last sentence.

OPINIONS OF THE ATTORNEY GENERAL

Contributions must be made for creditable service as an assistant district attorney under Ga. L. 1949, p. 780 et seq. (see O.C.G.A. Ch. 12, T. 47), and the amount of the contributions is determined by the provisions of Ga. L. 1949, p. 780 et seq. effective at the time the service as an assistant district attorney was rendered. 1979 Op. Att'y Gen. No. 79-55.

Payment may be made any time before retirement.

- There being no statutory limitation on the time for the payment for creditable service, it can be made at any point prior to retirement. 1979 Op. Att'y Gen. No. 79-55.

All service must be paid.

- Legislative intent is that all service toward retirement as a district attorney emeritus must be paid. 1972 Op. Att'y Gen. No. 72-25.

Trial Judges and Solicitors Retirement Fund.

- All superior court judges and district attorneys, who became such for the first time after June 30, 1968, and are currently serving in such capacities, are required to belong and contribute to the Trial Judges and Solicitors Retirement Fund. 1975 Op. Att'y Gen. No. 75-80.


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