The board of trustees shall transfer to the Employees' Retirement System of Georgia all contributions made to the fund by a member who transfers to the Employees' Retirement System of Georgia; and the Prosecuting Attorneys' Council of the State of Georgia is authorized and directed to pay from the funds appropriated or otherwise available an additional amount equal to the 5 percent contribution of such member plus an additional 20 percent of the contribution, so that the state contribution shall be in accordance with the Employees' Retirement System of Georgia.
(Ga. L. 1956, p. 251, § 1; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 92, § 1; Ga. L. 2009, p. 753, § 11/SB 109.)
The 2009 amendment, effective July 1, 2010, near the middle of this Code section, substituted "Prosecuting Attorneys' Council of the State of Georgia" for "commissioner of administrative services" and substituted "or otherwise available" for "for the operating expenses of the superior courts of this state".
RESEARCH REFERENCES
Am. Jur. 2d.
- 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1169 et seq.
ARTICLE 4 ELIGIBILITY FOR APPOINTMENT AS DISTRICT ATTORNEY EMERITUS
OPINIONS OF THE ATTORNEY GENERAL
Retirement eligibility, regardless of age.- If a district attorney has served 19 years in that capacity, the district attorney is eligible to retire as a district attorney emeritus regardless of the district attorney's age. 1972 Op. Att'y Gen. No. 72-17.
Service as an assistant district attorney may be credited towards eligibility for appointment as district attorney emeritus as long as the assistant district attorney was performing the duties of a district attorney in the prosecution of cases in both the superior and city court, and such service as an assistant was immediately prior to appointment or election as district attorney; further, that, prior to appointment as a district attorney emeritus, the majority of time must have been as a district attorney. 1972 Op. Att'y Gen. No. 72-25.
Service as a member of the General Assembly, not to exceed three years, is creditable towards appointment under the district attorney emeritus program, provided payment into the retirement fund is properly made. 1972 Op. Att'y Gen. No. 72-25.
Service as city court solicitor is creditable, but the district attorney must make payments into the fund to cover the entire period for which retirement is to be paid; while the statute sets a time limit upon when payments for military service are to be made, it is silent as to the time when service as a city court solicitor must be paid for; consequently, the district attorney may make these payments at the conclusion of the district attorney's first term of office. 1972 Op. Att'y Gen. No. U72-65.
Interest on payments into fund.- While the law requires that a district attorney seeking credit toward appointment as district attorney emeritus for service in the military, as judge of a city court, or as salaried attorney for the state or any authority thereof, make payments into the fund with interest, the statute is silent as to interest payments for service as city court solicitor, assistant district attorney, or assistant to a district attorney; consequently, interest need not be paid when paying for service in the three positions last mentioned. 1972 Op. Att'y Gen. No. U72-95.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Prosecuting Attorneys, §§ 1, 10 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 50 et seq.
C.J.S.- 27 C.J.S., District and Prosecuting Attorneys, § 11 et seq.