Membership of the Board

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Sheriffs' Retirement Fund of Georgia
  5. Creation, Administration, and Management of the Assets of the Fund
  6. Membership of the Board

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  1. The board shall consist of six members as follows:
    1. The state treasurer;
    2. One former sheriff who is receiving benefits as a retired beneficiary of the fund; and
    3. Four persons holding office as sheriffs of Georgia, each of whom shall be active members of the fund and shall have held office as a sheriff for at least four years.
  2. The state treasurer shall begin serving on the board on July 1, 1984. The position of the state treasurer on the board shall be the successor to the position on the board held by the president of the Association County Commissioners of Georgia, which shall stand abolished on June 30, 1984.
  3. The term of office of the retired member of the board holding office on January 1, 1984, which is scheduled to expire on March 31, 1984, is extended to expire on June 30, 1984. The Governor shall appoint a successor, pursuant to the position provided for by paragraph (2) of subsection (a) of this Code section, to take office on July 1, 1984, for a term of one year and until a successor is appointed and qualified. Thereafter, the Governor shall appoint a successor pursuant to the position provided for by paragraph (2) of subsection (a) of this Code section to take office upon the expiration of the term of office for a term of two years and until a successor is appointed and qualified.
  4. The first four members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor to take office on July 1, 1984. Such members shall be successors to Sheriffs D. Lamar Stewart, E. W. Phillips, Wesley Walraven, and Franklin Thornton whose terms of office as members of the board shall terminate on June 30, 1984. Their successors shall be appointed by the Governor for initial terms of office as follows:
    1. The member appointed as the successor to Sheriff D. Lamar Stewart shall be appointed for a term of one year;
    2. The member appointed as the successor to Sheriff E. W. Phillips shall be appointed for a term of two years;
    3. The member appointed as the successor to Sheriff Wesley Walraven shall be appointed for a term of three years; and
    4. The member appointed as the successor to Sheriff Franklin Thornton shall be appointed for a term of four years.
  5. Beginning in 1985, the Governor shall annually appoint a successor to the member of the board appointed pursuant to subsection (d) of this Code section whose respective term of office is expiring. Each such successor shall be appointed by the Governor for a term of four years and until a successor is appointed and qualified. Thereafter, successors shall be appointed by the Governor upon the expiration of the respective terms of office for terms of four years and until such successors are appointed and qualified.
  6. Any appointed member of the board continuing to meet the respective qualifications for membership on the board shall be eligible for reappointment to successive terms as a member of the board. If a member of the board holding a position specified by paragraph (3) of subsection (a) of this Code section ceases to hold office as sheriff for any reason, except for retirement as a beneficiary of the fund, such member's position on the board shall thereby become vacant; but, if any such member retires to become a beneficiary of the fund during a term of office, such member may serve until the expiration of the term to which the member was appointed. A vacancy which occurs for any reason in the membership of the board shall be filled as follows:
    1. If the vacancy is in the position specified by paragraph (2) of subsection (a) of this Code section, the Governor shall appoint a qualified person to fill such vacancy for the unexpired term; and
    2. If the vacancy is in a position specified by paragraph (3) of subsection (a) of this Code section, the remaining members of the board shall elect a qualified person to fill such vacancy for the unexpired term.
  7. By a majority vote of its full membership the board shall elect a chairman from the membership of the board. The chairman shall serve for a term fixed by rules of the board.
  8. The Georgia Sheriffs' Association 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 the Georgia Sheriffs' Association 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 the Georgia Sheriffs' Association.

(Ga. L. 1963, p. 630, § 2; Ga. L. 1968, p. 1203, § 1; Ga. L. 1975, p. 830, §§ 1, 2; Ga. L. 1977, p. 645, § 1; Ga. L. 1982, p. 3, § 47; Ga. L. 1983, p. 1185, § 1; Ga. L. 1984, p. 507, § 1; Ga. L. 1985, p. 514, § 1; Ga. L. 1987, p. 535, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 3/SB 296.)

The 2010 amendment, effective July 1, 2010, substituted "state treasurer" for "director of the Office of Treasury and Fiscal Services" in paragraph (a)(1) and twice in subsection (b).

Editor's notes.

- Ga. L. 1984, p. 507, § 2, not codified by the General Assembly, provided that that Act, which amended this Code section, shall become effective June 30, 1984, except that it shall become effective upon the date of the Governor's approval (March 15, 1984) for the administrative purpose of allowing the Governor to consider appointments pursuant to the revised language of § 47-16-21.

RESEARCH REFERENCES

Am. Jur. 2d.

- 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1244. 63C Am. Jur. 2d, Public Officers and Employees, §§ 90, 139, 287.

C.J.S.

- 67 C.J.S., Officers, §§ 47, 86 et seq., 279 et seq.


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