2020 Georgia Code
Title 47 - Retirement and Pensions
Chapter 16 - Sheriffs' Retirement Fund of Georgia
Article 4 - Revenues Collected From Fines, Forfeitures, and Fees
§ 47-16-61. Payments to Fund From Fees Collected in Civil Actions; Duty to Record and Remit Sums Collected; Penalties on Delinquent Amounts

1. In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil action, case, or proceeding, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representative for leave to sell or invest, trade name registrations, applications for change of name, and all other proceedings of a civil nature filed in the superior courts. The clerks of the superior courts shall collect such fees, and the fees so collected shall be remitted to the board quarterly or at such other time as the board may provide. It shall be the duty of the clerks of the superior courts to keep accurate records of the amounts due the board under this subsection, and such records may be audited by the board at any time. The sums remitted to the board under this subsection shall be used only for the purposes provided for in this chapter.
2. In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil action, case, or proceeding, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representative for leave to sell or invest, trade name registrations, applications for change of name, and all other proceedings of a civil nature filed in the state courts and magistrate courts of this state in which the sheriff of the superior court also fulfills the function as sheriff of such inferior court.The clerks of such state courts and magistrate courts shall collect such fees, and the fees so collected shall be remitted to the board quarterly or at such other time as the board may provide.It shall be the duty of the clerks of such state courts and magistrate courts to keep accurate records of the amounts due the board under this subsection, and such records may be audited by the board at any time.The sums remitted to the board under this subsection shall be used only for the purposes provided for in this chapter.
3. If the person or authority whose duty it is to collect and remit moneys to the secretary-treasurer under subsection (a) or subsection (b) of this Code section shall fail to remit such moneys within 60 days of the date on which such remittal is due, such moneys shall be delinquent; and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the moneys continue to be delinquent, provided that such penalty shall not exceed a total of 25 percent of the principal due. In addition to such penalty, interest shall be charged on the delinquent moneys at the rate of 6 percent per annum from the date such moneys become delinquent until they are paid. By affirmative vote of all the members, the board upon the payment of the delinquent moneys, together with interest, for good cause shown may waive the specific penalty otherwise charged under this subsection.

(Ga. L. 1981, p. 918, § 1; Ga. L. 1986, p. 604, § 1; Ga. L. 1989, p. 1153, § 1; Ga. L. 1991, p. 753, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

When fee to be collected.

- Additional sum of $1.00 which superior court clerks are authorized by O.C.G.A. § 47-16-61 to collect as costs and remit to the Board of Commissioners of the Sheriffs' Retirement Fund should be charged and collected upon the filing of articles of amendment, articles of merger, and articles of dissolution, as well as articles of incorporation, pursuant to O.C.G.A. Ch. 2, T. 14. 1981 Op. Att'y Gen. No. 81-56.

- Remittances are required from the magistrate courts to the Sheriffs' Retirement Fund under subsection (b) of O.C.G.A. § 47-16-61, added in 1986, and will be required for the Peace Officers' Annuity and Benefit Fund as of July 1, 1987 by virtue of Act No. 572 which amends O.C.G.A. § 47-17-60. 1987 Op. Att'y Gen. No. U87-12, supplementing 1986 Op. Att'y Gen. U86-33.

- One dollar fees for the clerks' and sheriffs' retirement funds should be charged in addition to the filing fees for a petition filed under the Family Violence Act, O.C.G.A. § 19-13-1 et seq. 1988 Op. Att'y Gen. No. U88-11.

- If the sheriff of a civil court is a constable of the magistrate court and functions independently of the sheriff of the superior court under O.C.G.A. § 15-10-27, the civil court is exempt from collecting and remitting fees to the Sheriff's Retirement Fund under subsection (b) of O.C.G.A. § 47-16-61. 1992 Op. Att'y Gen. No. U92-15.