Salary Defined

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Georgia Judicial Retirement System
  5. Salary, Retirement, Death, and Disability Benefits
  6. Salary Defined

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  1. As used in this article, the term "salary" means:
    1. For superior court judges, the earnable monthly compensation from state funds provided by law for judges of the superior courts on the date the member begins receiving a retirement benefit;
    2. For district attorneys, the earnable monthly compensation from state funds provided by law for district attorneys on the date the member begins receiving a retirement benefit;
    3. For judges and solicitors-general of state courts, the average earnable monthly compensation received as such judge or solicitor-general; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges;
    4. For juvenile court judges, the average earnable monthly compensation received as such juvenile judge; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges;
    5. For any person who is a member of the retirement system pursuant to Code Section 47-23-49, his or her average earnable monthly compensation; and
    6. For any member who is a member of the retirement system for whom the provisions of Code Section 47-23-43.1 are applicable, his or her average earnable monthly compensation.
  2. The monthly employee contributions made by the employer on behalf of the member under Code Sections 47-23-80, 47-23-81, and 47-23-82 shall be used in the computation of the member's salary for the computation of the member's retirement benefits.
  3. Notwithstanding any provision of this chapter to the contrary, a member's salary shall be subject to limitations set forth in Code Section 47-1-13.

(Code 1981, §47-23-100, enacted by Ga. L. 1998, p. 513, § 1; Ga. L. 1999, p. 20, § 1; Ga. L. 2005, p. 535, § 36/HB 460; Ga. L. 2020, p. 14, § 2/HB 663; Ga. L. 2020, p. 46, § 2/HB 664.)

The 2020 amendments. The first 2020 amendment, effective July 1, 2020, in subsection (a), deleted "and" at the end of paragraph (a)(3), substituted "; and" for the period at the end of paragraph (a)(4), and added paragraph (a)(5). The second 2020 amendment, effective July 1, 2020, in subsection (a), deleted "and" at the end of paragraph (a)(3), substituted "; and" for the period at the end of paragraph (a)(4), and added paragraph (a)(5).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2020, paragraph (a)(5) as enacted by Ga. L. 2020, p. 46, § 2/HB 664 was redesignated as paragraph (a)(6), "; and" was deleted from the end of paragraph (a)(4) and added to the end of paragraph (a)(5).

JUDICIAL DECISIONS

Reimbursed administrative expenses not salary.

- Under O.C.G.A. §§ 47-23-1,47-23-81, and47-23-100, "salary" is defined as the full rate of regular compensation for full working time. The Georgia Judicial Retirement System, in calculating a former solicitor general's benefits, was authorized to exclude from this definition sums the county paid to the solicitor general as reimbursement for office expenses that the county would otherwise have incurred - amounts that were not reported as income to the IRS. McKelvey v. Ga. Judicial Ret. Sys., 297 Ga. App. 650, 678 S.E.2d 120 (2009).


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