Service Credit for Active Duty Service in the Armed Forces of the United States; Limitations on Credit for Such Service if Used to Obtain Other State or Federal Retirement Benefits

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Teachers Retirement System of Georgia
  5. Service Creditable Toward Retirement Benefits
  6. Service Credit for Active Duty Service in the Armed Forces of the United States; Limitations on Credit for Such Service if Used to Obtain Other State or Federal Retirement Benefits

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  1. Any person who was on active duty in the armed forces of the United States during World War I, World War II, the Korean War, or any period of national emergency may receive up to five years of service credit for such military service under the following conditions:
    1. Prior service credit shall be awarded at no cost to the member for any period of military service prior to January 1, 1945;
    2. Membership service credit shall be awarded for any period of active military service performed after January 1, 1945, upon payment by the member of the regular employee contribution of:
      1. Five percent on the earnable compensation last paid to him as a teacher before entering military service or if he was not a teacher prior to entering military service 5 percent on the earnable compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus applicable accrued regular interest on such employee contributions, compounded annually to date of payment, for any period of active military service between January 1, 1945, and July 1, 1961; and
      2. Six percent on the earnable compensation last paid to him as a teacher before entering military service or if he was not a teacher prior to entering military service 6 percent on the earnable compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus applicable accrued regular interest on such employee contributions, compounded annually to date of payment, for any period of active military service subsequent to July 1, 1961.
  2. Any member who on July 1, 1978, has 20 or more years of membership service and who was on active duty in the armed forces of the United States during the period beginning on July 1, 1946, and ending on December 31, 1948, may receive military service credit for such period of time, provided that such member shall pay the regular employee and employer contributions which would have been paid on the compensation first paid to him as a teacher following the completion of such military service during such period, plus applicable accrued regular interest on such employee and employer contributions, compounded annually to date of payment; provided, further, that no such member shall receive more than five years of service credit for all military service; provided, further, that no member shall claim service credit under this subsection for military service during such period for which credit has previously been received.
  3. No active military service in the armed forces of the United States shall be deemed as creditable under the retirement system if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and the United States civil service system.
  4. In addition to creditable service authorized by subsections (a) and (b) of this Code section, but subject to the limitations of subsection (c) of this Code section, a member who was on active duty in the armed forces of the United States during any period when a military draft was in effect and who was honorably discharged from military service may receive credit for such military service under the following conditions:
    1. The total amount of creditable service for military service which may be received under all provisions of this Code section may not exceed five years;
    2. The member shall pay to the board of trustees the regular employee and employer contributions which would have been paid during the period for which creditable service is claimed based on the compensation of the member upon first becoming a teacher after the completion of the military service plus applicable accrued regular interest on such employee and employer contributions compounded annually to date of payment; and
    3. No creditable service for military service may be obtained pursuant to the authority of this subsection if creditable service for the same military service has been or may be obtained under subsection (a) or (b) of this Code section.
  5. Anything in this chapter to the contrary notwithstanding, an employer contribution shall be made to the account of any member who is required to perform "ordered military duty" in the armed forces as defined in Code Section 38-2-279.The contribution shall be made by the employer for the period during which the member served in the armed forces of the United States and in the same account as would have been contributed by the employer had the member remained in employment under the retirement system without change in compensation during that period.For the purposes of this subsection, the word "employer" means the State of Georgia.

(Ga. L. 1962, p. 723, § 14; Ga. L. 1965, p. 438, § 3; Ga. L. 1974, p. 1198, §§ 1, 2; Ga. L. 1977, p. 825, § 4; Ga. L. 1978, p. 1685, § 1; Ga. L. 1986, p. 1552, § 1; Ga. L. 1991, p. 996, § 1.)

Cross references.

- Creditable service not allowed for military service from which discharge was other than honorable, § 47-1-11.

OPINIONS OF THE ATTORNEY GENERAL

Member must have served in stated war or national emergency.

- Member claiming service under subsection (a) of this statute must have served in stated war or national emergency. 1974 Op. Att'y Gen. No. 74-8 (see O.C.G.A. § 47-3-83).

Payment of employee contribution for service credit cannot be extended to include the member's beneficiary. 1968 Op. Att'y Gen. No. 68-40.

Person eligible receives no more than five years credit.

- Person eligible for military service credit can receive no more than five years of credit; to hold otherwise would violate the overall intent of this statute. 1974 Op. Att'y Gen. No. 74-104 (see O.C.G.A. § 47-3-83).

Service time to establish credit under both state and federal retirement systems.

- Members of the Teachers Retirement System who performed active duty military service while serving in a reserve component may establish service credit within the system, and members may do so even though that service time has also been used to establish service credit for a military retirement. 2008 Op. Att'y Gen. No. 2008-3.


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