Membership for Full-Time Judges of the State-Wide Business Court; Creditable Service

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Georgia Judicial Retirement System
  5. Membership in the System
  6. Membership for Full-Time Judges of the State-Wide Business Court; Creditable Service

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  1. On and after July 1, 2020, each individual employed full time as a judge in the state-wide business court established pursuant to Article VI of the Constitution shall become a member of this retirement system.
    1. Each individual who became a member of this retirement system on July 1, 2020, pursuant to this Code section, shall be entitled to creditable service in this retirement system for his or her service rendered between January 1, 2020, and June 30, 2020, as a full-time judge in the state-wide business court established pursuant to Article VI of the Constitution, provided that he or she pays to the retirement system within one year the total of the employee contributions that he or she would have made during such period if he or she had been a member pursuant to this Code section.
    2. Each individual who becomes a member of this retirement system pursuant to this Code section shall be eligible to transfer his or her creditable service from the Employees' Retirement System of Georgia to this retirement system, provided that he or she notifies the board of such election within one year of obtaining such membership and pays to the retirement system the remaining amount necessary to pay for the full actuarial cost to the retirement system associated with his or her transfer of service. Upon such election and payment, the Employees' Retirement System of Georgia shall transfer to this retirement system all employer and employee contributions paid by or on behalf of him or her together with regular interest thereon, and he or she shall receive service in this retirement system toward vesting only in the full amount of the service he or she rendered as an employee while he or she was a member of the Employees' Retirement System of Georgia and for which credit was allowable in such system.
  3. An individual who becomes a member of this retirement system pursuant to this Code section shall be subject to all provisions of this chapter applicable to solicitors-general of the state courts, except as otherwise specifically provided by this chapter. For the purposes of this retirement system, for each such member, his or her earnable monthly compensation shall be the full rate of regular monthly compensation paid from state funds to such member employee for his or her full working time.
  4. All other individuals employed by the state-wide business court established pursuant to Article VI of the Constitution shall be treated in accordance with the provisions of Code Section 47-2-70.1 for new state agencies.

(Code 1981, §47-23-49, enacted by Ga. L. 2020, p. 14, § 1/HB 663. )

Editor's notes.

- The former Code section was based on Code 1981, § 47-23-49, enacted by Ga. L. 2000, p. 1696, § 1; Ga. L. 2001, p. 21, § 1.

Ga. L. 2010, p. 1207, § 1, not codified by the General Assembly, provides that: "The intent of this Act is to repeal obsolete and inoperative provisions and to make certain stylistic corrections in Title 47 of the Official Code of Georgia Annotated. Nothing in this Act shall deny, abridge, increase, renew, revive, or on any way affect any right, benefit, option, credit, or election to which any person was entitled pursuant to such title on June 30, 2010, and the board of trustees of each public retirement system is authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this Act; provided, however, that any such right, benefit, option, credit, or election shall be subject to the statutory provisions in effect on June 30, 2010."

Ga. L. 2010, p. 1207, § 67, not codified by the General Assembly, provides that: "In the event of an irreconcilable conflict between a provision of Sections 62 through 64 of this Act and a provision of another Act enacted at the 2010 regular session of the General Assembly, the provision of such other Act shall control over this Act to the extent of the conflict."

This Code section, which was reserved, formerly pertained to irrevocable election by individuals employed but previously ineligible and creditable service. This Code section was based on Code 1981, § 47-23-49, enacted by Ga. L. 2000, p. 1696, § 1; Ga. L. 2001, p. 21, § 1 and was repealed by Ga. L. 2010, p. 1207, § 62, effective July 1, 2010.


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