If a member ceases to be an employee other than by death or by retirement on an allowance under this retirement system, the amount of his accumulated contributions to this retirement system shall be payable to him upon his request. If a member dies before becoming eligible to retire and before completing 15 years of creditable service, the amount of his accumulated contributions shall be paid to the living person, if any, nominated by him by written designation duly executed and filed with the board of trustees, provided that such beneficiary is alive at the member's death. Otherwise, the accumulated contributions shall become part of the member's estate.
(Ga. L. 1949, p. 138, § 5; Ga. L. 1951, p. 394, § 7; Ga. L. 1967, p. 751, § 4.)
OPINIONS OF THE ATTORNEY GENERALEmployer's contribution to the retirement system may not be refunded if the employee resigns or is otherwise terminated during the employee's probationary period. 1974 Op. Att'y Gen. No. 74-55.
Appellate judge terminated prior to retirement may recover contributions.- If a judge is required to make contributions to the Superior Court Judges Retirement Fund of Georgia, the judge or the judge's estate may recover such contributions if the judge's service as an appellate court judge is terminated prior to the time that the judge is entitled to receive benefits under such retirement systems. 1976 Op. Att'y Gen. No. U76-9.
Retirement documents constructively delivered to trustees.- Retirement system has delegated to the personnel offices of the various state agencies the apparent authority to disperse and accept retirement documents, to the point that when delivered by a member to his agency's personnel office, these documents are constructively filed with the board of trustees. 1973 Op. Att'y Gen. No. 73-179.
What constitutes actual required creditable service for death benefits.
- Although Ga. L. 1967, p. 751, § 4 (see O.C.G.A. § 47-2-130) speaks in terms of 15 years of creditable service, the actual required creditable service for death benefits is 13 years and four months under the provisions of Ga. L. 1953, Nov.-Dec. Sess., p. 160, § 2 (see O.C.G.A. § 47-2-124). 1976 Op. Att'y Gen. No. U76-9.
ARTICLE 8 PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES
OPINIONS OF THE ATTORNEY GENERAL
Retirement rights vest upon active service.- Retirement rights become vested in the claimant immediately upon any participation in active service while the civil service provisions are in effect, irrespective of whether at the time in question the claimant has completed sufficient length of service to be eligible for retirement as a matter of right; such rights cannot be constitutionally divested by any subsequent Act of the General Assembly. 1971 Op. Att'y Gen. No. 71-5 (rendered under Ga. L. 1949, p. 138, § 3, as amended).
RESEARCH REFERENCES
ALR.
- Constitutionality, construction, and application of statute or ordinance providing for reduction of pension or retirement benefit of public officer or employee because of independent income, 7 A.L.R.2d 692.
PART 1 PERSONS EMPLOYED BY THE ARMED FORCES OF THE UNITED STATES AND OTHER FEDERAL AGENCIES