2021 Georgia Code
Title 47 - Retirement and Pensions
Chapter 3 - Teachers Retirement System of Georgia
Article 7 - Retirement Allowances, Disability Benefits, and Spouses' Benefits
§ 47-3-124. Application of Minimum Retirement Allowances to Persons Who Retired Pursuant to County, Municipal, or Local Board of Education Retirement or Pension Systems

1. As used in this Code section, the term:
   1. "Local retirement allowance" means the retirement or pension allowance payable by a local retirement system to a locally retired teacher.
   2. "Local retirement system" means a retirement or pension system of a county, municipality, or local board of education which includes teachers as members thereof or which is paying retirement or pension allowances to locally retired teachers.
   3. "Locally retired teacher" means a teacher who has retired or hereafter retires pursuant to a local retirement system.
   4. "Total retirement allowance" means the local retirement allowance plus any amounts which are payable by the board of trustees to the locally retired teacher pursuant to the provisions of this chapter other than this Code section.
2. Any other provisions of this chapter or any other law to the contrary notwithstanding, the minimum retirement allowance provided by subsection (a) of Code Section 47-3-120 shall be applicable to locally retired teachers who, for such purposes, shall be deemed to be members of this retirement system. In determining the minimum retirement allowance payable under subsection (a) of Code Section 47-3-120 to a locally retired teacher, credit shall be given for all teaching service prior to January 1, 1945, under the local retirement system if the local retirement system did not allow its teachers to establish credit for any such service. Subject to the provisions of subsections (c), (d), and (e) of this Code section, for each locally retired teacher whose total retirement allowance is less than the minimum retirement allowance provided for by subsection (a) of Code Section 47-3-120, the board of trustees shall pay monthly directly to such locally retired teacher an amount equal to the difference between the total retirement allowance and the minimum retirement allowance.
3. As applied to locally retired teachers who retired prior to July 1, 1986:
   1. The provisions of this Code section shall not decrease the amount payable by the board of trustees to an amount less than the amount payable pursuant to the authority of this Code section prior to July 1, 1986;
   2. Increases in the local retirement allowance granted on or after July 1, 1986, by the local retirement system shall cause the amount payable by the board of trustees pursuant to the authority of this Code section to be decreased in the same amount as the increase granted by the local retirement system; and
   3. Increases in the total retirement allowance payable to a locally retired teacher which hereafter result from new or increased allowances paid by the board of trustees to the locally retired teacher pursuant to provisions of this chapter other than this Code section and Code Section 47-3-126.2 shall not decrease the amount payable by the board of trustees pursuant to the authority of this Code section.
4. As applied to locally retired teachers who retire on or after July 1, 1986:
   1. Increases in the local retirement allowance granted after retirement by the local retirement system shall cause the amount payable by the board of trustees pursuant to the authority of this Code section to be decreased in the same amount as the increase granted by the local retirement system; and
   2. Increases after retirement in the total retirement allowance payable to a locally retired teacher which result from new or increased allowances paid by the board of trustees to the locally retired teacher pursuant to provisions of this chapter other than this Code section shall not decrease the amount payable by the board of trustees pursuant to the authority of this Code section.
5. Notwithstanding the provisions of subsections (c) and (d) of this Code section, if the minimum retirement allowance provided for by subsection (a) of Code Section 47-3-120 is increased on or after July 1, 1986, the amount payable by the board of trustees to a locally retired teacher pursuant to the authority of this Code section shall be the greater of either of the following amounts:
   1. The amount necessary to increase the sum of the total retirement allowance plus the amount payable pursuant to the authority of this Code section to an amount equal to the increased minimum retirement allowance; or
   2. The same amount which the board of trustees was paying pursuant to the authority of this Code section on the date the increase in the minimum retirement allowance became effective if the total retirement allowance payable on that date exceeds the increased minimum retirement allowance.

(Ga. L. 1974, p. 1139, § 1; Ga. L. 1978, p. 237, § 1; Ga. L. 1979, p. 1004, § 2; Ga. L. 1981, p. 411, § 1; Ga. L. 1982, p. 3, § 47; Ga. L. 1986, p. 620, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Section conditioned upon ratification of constitutional amendment.

- Section was accompanied by and conditioned upon the ratification of an amendment to the Georgia Constitution authorizing the General Assembly to provide by law for retirement system retirement benefits to teachers retiring with a local retirement fund. 1975 Op. Att'y Gen. No. 75-9 (see O.C.G.A. § 47-3-124).

- Upon reading Ga. L. 1974, p. 1139, § 1 (see O.C.G.A. § 47-3-124) within the context of Ga. L. 1943, p. 640 et seq. (see O.C.G.A. Ch. 3, T. 47), and upon considering precipitant events leading to the passage of Ga. L. 1943, p. 640 et seq., it becomes evident that Ga. L. 1974, p. 1139, § 1 was designed to include theretofore excluded local fund retirees. 1975 Op. Att'y Gen. No. 75-9.

- Term "classroom teacher" is used within the definition of "teacher" in the Teachers Retirement Act. It is a recognized term already employed by the Act. If the General Assembly meant to limit the application of Ga. Laws 1974, pp. 1139-41, to classroom or "blackboard" teachers, surely the term "classroom teachers" would have been utilized. Furthermore, it would seem manifestly difficult to articulate the scope and definition of the term "public schoolteachers." If the General Assembly intended to limit the application of the 1974 amendment to a sub-class of "teachers," then more of a definition than "public schoolteachers" would have been provided. 1975 Op. Att'y Gen. No. 75-9.

§ 47-3-1(28). - Term "public school teachers," as used in Ga. L. 1974, p. 1139, § 1 (see O.C.G.A. § 47-3-124), should be interpreted to mean and include the equivalent classes of individuals retiring under local retirement funds as are included within the definition of "teacher" in Ga. L. 1974, p. 1179, § 1 (see O.C.G.A. § 47-3-1(28)). 1975 Op. Att'y Gen. No. 75-9 (rendered prior to 1986 amendment which changed "public school teachers" to "locally retired teachers").

- Cost-of-living increases in county retirement fund are considered by retirement system in calculating state supplement paid by the retirement system pursuant to the provisions of this statute. 1977 Op. Att'y Gen. No. 77-41 (see O.C.G.A. § 47-3-124).

- If a teacher has 13 years of accrued creditable service under the retirement system acquired before July 1, 1943 (now January 1, 1945), immediately prior to joining a local system, and that teacher applies ten of those years toward a local retirement fund, that retired teacher would have to serve five years of membership service under the retirement system at some time to be eligible for the normal retirement benefits payable on the three years not applied to the local system; also, if this teacher acquires the necessary five years of membership service in order to qualify for the creditation of prior service as a "regular member" of the retirement system, the teacher would be entitled to a benefit based on what would have been the annuity contributions during the ten transferred years had that teacher actually been paying contributions during that period; this teacher, however, would not be entitled to the pension amounts on these ten years applied to the local fund because those amounts must be paid to the local fund. 1950-51 Op. Att'y Gen. No. 75-113.

Former provision providing for minimum "floor" benefits, see 1975 Op. Att'y Gen. No. 75-27.