Refunds of Membership Dues; Eligibility for Reinstatement; Eligibility to Rejoin as a New Member; Refunds of Overpaid Dues

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Peace Officers' Annuity and Benefit Fund
  5. Retirement Benefits and Disability Benefits
  6. Refunds of Membership Dues; Eligibility for Reinstatement; Eligibility to Rejoin as a New Member; Refunds of Overpaid Dues

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  1. Upon application of any person who is or has been a member, the board may provide for a refund to such person of 95 percent of all dues paid by him for periods of service which qualify as creditable service under this chapter.
  2. A member who takes a refund after April 1, 1965, while still employed as a peace officer shall not be eligible to be reinstated to membership and shall not be eligible to receive credit for service rendered before he again becomes a member. After a period of at least six months after taking a refund, he may apply for new membership, subject to other terms and conditions set forth in this chapter and any lawful rules and regulations adopted by the board relating to membership.
  3. Upon application of any person who received a refund of dues prior to April 1, 1965, or of any person who is not employed as a peace officer and who receives a refund of dues after April 1, 1965, the board may reinstate such person as a member. Such person may further be granted credit for all periods of service for which dues have previously been paid, provided that such person shall, at the time of application, be a peace officer; provided, further, that he tenders back to the fund all moneys and all dues previously refunded, plus regular dues for any other period of service during which such person may have served as a peace officer, together with interest on such amounts at the rate of 8 percent per annum from the date of such refund; provided, further, that, if such person has served eight or more continuous months as a peace officer, beginning on or after April 1, 1965, without having made application for reinstatement to membership within that eight-month period, his right to be so reinstated to membership shall be forever forfeited and he shall not be eligible to receive credit for service rendered before he again becomes a member. He may apply for new membership, subject to other terms and conditions set forth in this chapter and any lawful rules and regulations adopted by the board relating to membership.
  4. The board may refund 100 percent of any overpayment of dues paid by any person for any period of service during which it is determined that such person was not a peace officer, and he is not entitled to credit for such period of service.

(Ga. L. 1950, p. 50, § 5; Ga. L. 1951, p. 472, § 1; Ga. L. 1956, p. 280, § 5; Ga. L. 1958, p. 341, § 2; Ga. L. 1962, p. 39, § 2; Ga. L. 1965, p. 593, § 1; Ga. L. 1969, p. 74, § 1; Ga. L. 1973, p. 63, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

"While still employed" construed.

- Words "while still employed" in subsection (b) of this statute refer to a period of time during which services actually are rendered or are expected to be rendered and not to a period of time following the completion of services. 1968 Op. Att'y Gen. No. 68-33 (see O.C.G.A. § 47-17-83).

ARTICLE 7 MISCELLANEOUS PROVISIONS


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