Creation of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia; Membership of the Board; Quorum; Compensation and Expenses

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Superior Court Clerks' Retirement Fund of Georgia
  5. Administration and Management of the Assets of the Fund
  6. Creation of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia; Membership of the Board; Quorum; Compensation and Expenses

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  1. There is created the Board of Commissioners of the Superior Court Clerks' 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; and
    3. Five clerks who shall be members of the fund, provided that at least one but not more than two of such clerks shall be retired clerks receiving retirement benefits pursuant to this chapter.
  2. 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 members shall be appointed by the Governor to take office on July 1, 1984, for initial terms as follows: Two such members shall be appointed for terms of one year; two such members shall be appointed for terms of two years; and one such member shall be appointed for a term of one year. 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.
  3. The board shall elect a chairperson from the clerks serving as members of the board who actively hold office as clerks. The term of the chairperson shall be established by rules of the board.
  4. If a vacancy occurs in the membership of the board appointed pursuant to subsection (b) of this Code section, the remaining members of the board shall elect a person meeting the qualifications specified by paragraph (3) of subsection (a) of this Code section to fill such vacancy for the unexpired portion of the term.
  5. Four members of the board shall constitute a quorum for the transaction of business.
  6. All of the members of the board shall serve without pay, but they shall be reimbursed for their actual expenses in attending meetings of the board and performing the duties required of them as members of the board.
  7. The Superior Court Clerks' 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 Superior Court Clerks' 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 Superior Court Clerks' Group.

(Ga. L. 1952, p. 238, § 1; Ga. L. 1953, Nov.-Dec. Sess., p. 330, § 1; Ga. L. 1964, p. 407, § 1; Ga. L. 1980, p. 1547, § 1; Ga. L. 1984, p. 929, § 1; Ga. L. 1988, p. 426, § 1; Ga. L. 2002, p. 470, §§ 2, 3.)

Editor's notes.

- Ga. L. 1984, p. 929, § 2, not codified by the General Assembly, provides: "The positions of membership on the Board of Commissioners of the Superior Court Clerks' 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. 929, § 3, not codified by the General Assembly, provides: "This Act 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 Code Section 47-14-20 of Section 1 of this Act. This Act shall become effective for all purposes on July 1, 1984."

OPINIONS OF THE ATTORNEY GENERAL

Fund not covered by Administrative Procedure Act.

- Because of the specific exclusion relating to rules dealing with retirement, the rules and regulations of the Superior Court Clerks' Retirement Fund do not come under the provisions of the Georgia Administrative Procedure Act. 1963-65 Op. Att'y Gen. p. 661.


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