Rights and Benefits of Persons Convicted of Murder, Voluntary Manslaughter, or Conspiracy to Commit Either Upon a Member or Retiree

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Teachers Retirement System of Georgia
  5. Miscellaneous Provisions
  6. Rights and Benefits of Persons Convicted of Murder, Voluntary Manslaughter, or Conspiracy to Commit Either Upon a Member or Retiree

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No person who commits or conspires to commit the murder or voluntary manslaughter of a member or retiree shall receive any refund of contributions or retirement benefits under this chapter upon the death of the member or retiree, even though the person so killing or conspiring is the named beneficiary for such refund of contributions or retirement benefits. A plea of guilty or a judicial finding of guilt, not reversed or otherwise set aside as to any of such crimes, shall be prima-facie evidence of guilt in determining rights under this chapter. All right, interest, and entitlement to any such refund of contributions or retirement benefits shall go to the secondary beneficiary designated by the member or retiree, if the secondary beneficiary is living, upon the death of the member or retiree, otherwise to the member's or retiree's estate.

(Ga. L. 1979, p. 918, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1224 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 316 et seq. 78 C.J.S., Schools and School Districts, § 485.

CHAPTER 4 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Article 1 General Provisions.
  • 47-4-1. Short title.
  • 47-4-2. Definitions.
Article 2 Creation, Administration, and Management of the Assets of the Retirement System. Article 3
  • 47-4-20. Creation and administration of the retirement system; corporate powers and privileges; rights in actions; name under which retirement system business shall be transacted.
  • 47-4-21. Creation and administration of the retirement fund.
  • 47-4-22. Membership of the board; expenses and per diem; quorum for the transaction of business; chairman, secretary, and treasurer of the board.
  • 47-4-23. Exemption of members of the board from liability for their acts, omissions, and conduct; indemnification of members of the board.
  • 47-4-24. Legal adviser of the board.
  • 47-4-25. Powers and duties of the board.
  • 47-4-26. Power of board over funds; special account for deposit of funds and payment of benefits and expenses; investment powers; power to employ agents.
  • 47-4-27. Power of board to take, hold, and invest any gift, grant, or bequest.
  • 47-4-28. Duty of board to keep records of accounts in granting benefits and records of the operations of the board; annual financial statement to the General Assembly.
  • 47-4-29. Appropriations for employer contributions; creation of an expense fund; payment prior to commencement date of employer contributions and expenses of retirement system.
  • 47-4-30. Plan year designated.
Membership in the Retirement System.
  • 47-4-40. Eligibility; leaves of absence; termination; transfer of service credits.
  • 47-4-41. Membership of persons employed by local units of administration which operate local retirement systems.
Article 4 Employee and Employer Contributions to the Retirement System.
  • 47-4-60. Amount of contributions; manner of payment.
  • 47-4-61. Date for start of employee contributions.
Article 5 Service Creditable Toward Retirement. Article 6
  • 47-4-80. Determination of membership service; prior service credit and prior service certificate; creditable service; credit for membership in Teachers Retirement System.
  • 47-4-81. Effect of appropriations on credit for prior service.
Retirement, Retirement Allowances, and Disability Benefits. Article 7
  • 47-4-100. Normal, early, and delayed retirement; vesting of right to a retirement benefit.
  • 47-4-101. Retirement benefits payable upon normal, early, or delayed retirement.
  • 47-4-102. Optional retirement benefits.
  • 47-4-103. Disability retirement benefits; determination of disability.
  • 47-4-104. Benefits payable upon the death of a member; refunds to members whose employment has been terminated.
  • 47-4-105. Postretirement benefit adjustments.
  • 47-4-106. Return to public service of retired member.
Miscellaneous Provisions. Cross references. - Health insurance plans for retired public school employees, Ga. Const. 1983, Art. III, Sec. VI, Para. VI.
  • 47-4-120. Exemption of rights and benefits from state and local taxes and from legal process; restriction on assignability.
  • 47-4-121. Attempts to defraud the retirement system by means of false statements or falsified records; adjustment of erroneous payments.

Authorization for creation of retirement system for employees of public schools, Ga. Const. 1983, Art. III, Sec. X, Para. III.

Health care plans for public school employees, § 20-2-910 et seq.

Reimbursement of Department of Law by Employees' Retirement System of Georgia, Teachers Retirement System of Georgia, for legal services, § 45-15-37.

OPINIONS OF THE ATTORNEY GENERAL

Increased benefits not applicable when no service or contributions.

- Georgia Const. 1976, Art. X, Sec. I, Para. V (see Ga. Const. 1983, Art. III, Sec. X, Para. II) ought not to be applied to persons who neither render services as public school employees nor make the required contributions to the retirement system. 1971 Op. Att'y Gen. No. 71-73.

RESEARCH REFERENCES

ALR.

- Reasonableness of classification, as regards beneficiaries, by statute providing for retirement fund or pension for public officers or employees, 163 A.L.R. 870.

Gift to or for employees' pension fund as valid charitable gift or trust, 28 A.L.R.2d 428.

Unemployment compensation: eligibility of employee laid off according to employer's mandatory retirement plan, 50 A.L.R.3d 880.

ARTICLE 1 GENERAL PROVISIONS


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