Eligibility for Retirement Benefits; Withdrawal of Application for Benefits Before Approval; Reemployment

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Georgia Firefighters' Pension Fund
  5. Retirement, Retirement Allowances, Disability Benefits, and Death Benefits
  6. Eligibility for Retirement Benefits; Withdrawal of Application for Benefits Before Approval; Reemployment

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  1. Any member who applies for retirement benefits may withdraw such application at any time prior to its approval by the board.
  2. Any person who again becomes a paid employee of a fire department or of a volunteer fire department after having been placed on retirement or disability under Code Section 47-7-100 or 47-7-102 shall immediately notify the executive director of such reemployment. Retirement benefits being paid to such person shall be suspended as of the date of such reemployment and shall remain suspended until such reemployment terminates at which time the payment of retirement benefits shall be resumed in the amount to which the person was eligible at the time of reemployment. Disability benefits being paid to any such person shall be terminated as of the date of such reemployment. Within six months of the commencement of reemployment, any such person who at the time of application otherwise meets the requirements for membership may, by application in the manner provided by this chapter, become a member of the fund. In the event the application is granted, such member, upon meeting the requirements provided by law, shall be entitled to all benefits provided for in Code Section 47-7-100, but the amount of monthly retirement or disability benefits payable to such member shall not exceed the amount of the monthly benefit which would be payable to such member had such subsequent retirement become effective at the time of the member's prior retirement, unless after such reemployment the member shall have acquired not less than seven years'creditable service as a member of the fund.
  3. A member who is eligible to receive a benefit under Code Section 47-7-100 shall not be entitled to benefits under Code Section 47-7-102.

(Ga. L. 1960, p. 991, § 3; Ga. L. 1976, p. 241, § 6; Ga. L. 1983, p. 1310, § 3; Ga. L. 1991, p. 755, § 10; Ga. L. 1993, p. 476, § 5; Ga. L. 2005, p. 54, § 3/HB 355.)

OPINIONS OF THE ATTORNEY GENERAL

Entitled to benefits provided by law when applications approved.

- Members of the fund who have attained the requisite age and creditable service for retirement are entitled to be paid the monthly benefits provided by law at the time their retirement applications are approved by the board of trustees; these firefighters should be paid monthly benefits beginning at the time of the approval of the firefighters' applications. 1976 Op. Att'y Gen. No. U76-65.

RESEARCH REFERENCES

C.J.S.

- 62 C.J.S., Municipal Corporations, § 573 et seq. 67 C.J.S., Officers and Public Employees, § 316 et seq.


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