Credit for Prior Eligible Service; Requirements

1. Law
2. Georgia Code
3. Retirement and Pensions
4. Georgia Firefighters' Pension Fund
5. Service Creditable Toward Retirement
6. Credit for Prior Eligible Service; Requirements

1. As used in this Code section, the term "prior eligible service" means service rendered between July 1, 2006, and June 30, 2014, as a firefighter in part-time employment.
2. Any member of the fund shall be entitled to credit for prior eligible service, provided that such person satisfies the following requirements:
   1. The member or applicant for membership files with the board on or before September 30, 2014, an application for such credit in the form prescribed by the board; and
   2. At the time of application for credit, the member or applicant for membership either:
      1. Pays to the fund for each month of prior eligible service credit sought an amount equal to the contributions that would have been made had the member or applicant been a member and entitled to credit during the period of prior eligible service, at the monthly contribution rate in effect at the time the application for credit is made, together with interest on such monthly amount from the date on which such contribution would have been made until the date of application for credit at a rate of 12 percent per year; or
      2. Presents proof that such contributions were timely paid during such period.
3. Nothing in this Code section shall alter the requirements for membership in the fund or the limitations on membership or benefits of membership which would otherwise apply absent the benefit of prior eligible service credits under this Code section.

(Code 1981, §47-7-87, enacted by Ga. L. 2000, p. 1507, § 1; Ga. L. 2014, p. 478, § 1/SB 235.)

The 2014 amendment, effective July 1, 2014, rewrote subsection (a), which read: "As used in this Code section, the term 'prior eligible service' means service:

"(1) Rendered by a member of the fund as a firefighter or volunteer firefighter;

"(2) Rendered without interruption prior to the date such member became a member of the fund; and

"(3) For which the member would otherwise have been eligible for credit if such member had been a member of the fund at the time such service was rendered;

"provided, however, that such term shall not include a period of more than five years of such service."; in subsection (b), in the introductory paragraph, deleted "person who is a" following "Any" and deleted "on July 1, 2000, and who is at least 53 years old on that date" following "member of the fund"; substituted "September 30, 2014" for "September 1, 2000" in paragraph (b)(1); and, in paragraph (b)(2), substituted "either: (A) Pays to the fund" for "pays to the fund", added "; or" at the end, and added subparagraph (b)(2)(B).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2000, Code Section 47-7-86, as enacted by Ga. L. 2000, p. 1507, § 1, was redesignated as Code Section 47-7-87.

OPINIONS OF THE ATTORNEY GENERAL

Eligibility for pension credit.

- Person who served as firefighter and was a member of the Firefighters' Pension Fund from 1971 through 1984 and then resumed service as a firefighter and applied for reinstatement in the fund in 1992 is not eligible to receive pension credit for years as a firefighter prior to that person's break in service. 2001 Op. Att'y Gen. No. U01-1.

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