Eligibility for Disability Benefits; Determination of Disability

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Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing 16 years of creditable service if the member becomes totally and permanently disabled after commencing service as a clerk. Any such clerk shall be entitled to receive retirement benefits in the amount of $1,700.00 per month. All questions relating to the degree and nature of the total and permanent disability suffered by the clerk shall be determined by the board.

(Ga. L. 1964, p. 202, § 3; Ga. L. 1976, p. 729, § 3; Ga. L. 1978, p. 2069, § 2; Ga. L. 1981, p. 857, § 3; Ga. L. 1983, p. 555, § 3; Ga. L. 1986, p. 1252, § 2; Ga. L. 1988, p. 626, § 2; Ga. L. 1990, p. 1270, § 2; Ga. L. 1994, p. 1811, § 2; Ga. L. 1998, p. 158, § 5.)

OPINIONS OF THE ATTORNEY GENERAL

Age is not a factor in the benefit under this statute. If a clerk is eligible, the clerk is entitled to receive the benefit, regardless of the clerk's age. 1967 Op. Att'y Gen. No. 67-225.


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