Retirement Based on Age; Application to Retire

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Georgia Judicial Retirement System
  5. Salary, Retirement, Death, and Disability Benefits
  6. Retirement Based on Age; Application to Retire

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  1. In lieu of retirement at the benefit level provided by Code Section 47-23-102, a member may retire at any time after attaining the age of 60 years and after obtaining a minimum of ten years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of the benefit under Code Section 47-23-102, and such percentage shall be the proportion which the number of years of creditable service the member has in the retirement system bears to 16.
  2. The effective date of retirement shall be the first day of the month in which the application is received by the board of trustees, provided that no retirement shall, in any case, be effective earlier than the first day of the month following the final month of the applicant's employment. Applications for retirement shall not be accepted more than 90 days in advance of the effective date of retirement.

(Code 1981, §47-23-103, enacted by Ga. L. 1998, p. 513, § 1; Ga. L. 2005, p. 535, § 37/HB 460; Ga. L. 2006, p. 1010, § 4/HB 1020.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2006, "Code Section 47-23-102" was substituted for "Code Section 47-23-100" in the last sentence of subsection (a).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the provisions, opinions under Ga. L. 1971, p. 99 and Ga. L. 1976, p. 586 are included in the annotations for this Code section.

Legislative intent.

- Legislature intended to authorize members of the fund to be paid benefits based on the average annual compensation received regardless of whether that compensation was subjected in prior years to a ceiling on contributions. 1980 Op. Att'y Gen. No. 80-155 (decided under Ga. L. 1976, p. 586).

Cannot accumulate more than 22 years of creditable service.

- Ga. L. 1980, p. 1361, § 11 should be read to mean that no member can accumulate more than 22 years of creditable service for the purposes of maximum retirement benefits. 1980 Op. Att'y Gen. No. 80-155 (decided under Ga. L. 1976, p. 586).

Benefits not payable until age 65.

- Member of the Trial Judges and Solicitors Retirement Fund may, after obtaining a minimum of ten years' creditable service, retire at any age and be entitled to a retirement benefit, but such retirement benefit is not payable until the member attains age 65 and files a written application for the retirement benefits. 1975 Op. Att'y Gen. No. 75-104 (decided under Ga. L. 1971, p. 99).


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