Credit for Service Rendered by Members Who Have Breaks in Membership; Payments Required to Obtain Such Credit

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Any provision of this chapter to the contrary notwithstanding, any teacher shall be entitled to have all teaching service included in computing creditable service, notwithstanding breaks in membership of more than four years, provided that such teacher pays into the retirement system an amount equal to the minimum required for continuous members, plus regular interest that would have accrued on such contributions during periods of nonmembership. No member shall receive credit for teaching service if contributions were not made during the teaching service or have not later been contributed with interest that would have accrued on such contributions, provided that after three years' membership service a member may reestablish previous credits by paying into the retirement system, prior to retirement, contributions equal to 10 percent of such compensation as he received during those years and for which he desires to establish previous credit, plus regular interest that would have accrued on such contributions.

(Ga. L. 1957, p. 462, § 1; Ga. L. 1959, p. 319, § 2; Ga. L. 1966, p. 564, § 1; Ga. L. 1972, p. 414, § 1; Ga. L. 1979, p. 1007, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Principal purpose of this statute appears to be to enable the teacher who is again employed in a position under the retirement system following a break in service to regain credit for the teacher's prior teaching service which was thus lost. 1957 Op. Att'y Gen. p. 230 (see O.C.G.A. § 47-3-84).

Workers' compensation benefits cannot be included as earnable compensation for purpose of computing retirement benefits. 1980 Op. Att'y Gen. No. 80-134.

Previous service credit for employees of Georgia Association of Educators.

- An employee of the Georgia Association of Educators (GAE) who is still a member of the Teachers Retirement System can establish credit for prior teaching service, but cannot establish credit for service as a GAE employee rendered prior to a request for membership made under O.C.G.A. § 47-3-1(28). 1986 Op. Att'y Gen. No. 86-42.


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