Disposition of Funds Abandoned by Members Separated From the Service; Notice; Limitation on Asserting Certain Claims; Venue

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Georgia Firefighters' Pension Fund
  5. Miscellaneous Provisions
  6. Disposition of Funds Abandoned by Members Separated From the Service; Notice; Limitation on Asserting Certain Claims; Venue

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  1. No claim shall be made against the fund for benefits or the return of contributions after the lapse of seven years from the date on which the executive director of the fund shall have mailed by first-class mail to the last known address of the firefighter or volunteer firefighter or other person eligible therefor, as such address is reflected by the records of the fund, a written notice that the firefighter or volunteer firefighter or other eligible person is or may be eligible for such benefits or return of contributions; and, in the event any claim for benefits or the return of contributions is barred in accordance with this subsection, the amounts thereof shall be the property of the Georgia Firefighters' Pension Fund. The bar period prescribed by this subsection shall not begin to run with respect to a firefighter or volunteer firefighter on leave of absence who has elected to leave his or her contributions in the fund until the failure of the firefighter or volunteer firefighter to provide written confirmation of his or her election to remain on leave of absence within 60 days of a not more frequent than biennial request for such confirmation mailed to the last known address of such firefighter or volunteer firefighter, as such address is reflected by the records of the fund.
  2. No action shall be brought contesting any determination of the board with respect to eligibility for membership or continued membership in the fund, creditable service, eligibility for retirement or disability benefits, the amount of retirement or disability benefits payable, or the termination or suspension of retirement or disability benefits after the expiration of 60 days from the date on which written notice of the final determination of the board is mailed by first-class mail to the last known address of the firefighter or volunteer firefighter or of the designated representative thereof, as such address is reflected on the records of the fund; and no court shall have jurisdiction of any action brought after the expiration of such period. The written notice provided for in this subsection shall contain notice of the limitation established by this subsection.
  3. Any other provision of law notwithstanding, no action shall be brought or claim asserted by the board of trustees or on its behalf after April 1, 1989, against any person on account of the payment during the period July 1, 1984, through June 30, 1988, to any person otherwise eligible to receive disability benefits (hereinafter "disability retiree") of an amount in excess of the disability benefits to which such disability retiree was lawfully entitled where such excess payment resulted from the erroneous determination by the board of trustees of the maximum monthly disability benefit payable to such disability retiree. After April 1, 1989, any such claim described in the foregoing sentence shall be forever barred.
  4. The venue for actions arising under this chapter brought against the board or the fund in superior court, including, but not limited to, a judicial review of a final decision of the board, shall be in the superior court of the county of domicile of the board.

(Code 1981, §47-7-124, enacted by Ga. L. 1983, p. 1310, § 5; Ga. L. 1989, p. 50, § 2; Ga. L. 1991, p. 130, § 1; Ga. L. 1997, p. 1376, § 1; Ga. L. 2010, p. 438, § 8/HB 1150; Ga. L. 2016, p. 434, § 2/HB 844.)

The 2010 amendment, effective July 1, 2010, in subsection (a), substituted "executive director" for "secretary-treasurer" near the beginning of the first sentence and inserted "or her" twice in the second sentence.

The 2016 amendment, effective July 1, 2016, added subsection (d).

Editor's notes.

- Ga. L. 1989, p. 50, § 3, not codified by the General Assembly, provides: "Pursuant to the authority of Code Section 47-20-63 [repealed], this Act is not subject to the requirements of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, known as the 'Public Retirement Systems Standards Law,' and pursuant to the former provisions of said Code Section 47-20-63 the General Assembly finds and declares that:

"(1) It is necessary for this Act to become effective without delay in order to avoid hardship to members and retired members of the Georgia Firemen's Pension Fund;

"(2) The Georgia Firemen's Pension Fund is actuarially sound; and

"(3) That the changes in Chapter 7 of Title 47 of the Official Code of Georgia Annotated providing for the Georgia Firemen's Pension Fund which are accomplished by this Act will be fully financed by the Georgia Firemen's Pension Fund without the necessity of any appropriation by the General Assembly and without adversely affecting the actuarial soundness of the Georgia Firemen's Pension Fund."

JUDICIAL DECISIONS

Notice period not extended.

- Subsection (e) of O.C.G.A. § 9-11-6, providing that three days is added to the limitations period when notice is served by mail, does not apply to a disability application denial notice since the statute specifically prescribed that notice be sent by first-class mail. DeLoach v. Georgia Firemen's Pension Fund, 213 Ga. App. 202, 444 S.E.2d 137 (1994).


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