2020 Georgia Code
Title 47 - Retirement and Pensions
Chapter 2 - Employees' Retirement System of Georgia
Article 7 - Retirement Allowances, Disability Benefits, Spouses' Benefits
§ 47-2-124. Eligibility for Benefits of Persons With at Least 95 Percent of Required Service Credit
Any member who is serving in the year which represents 95 percent of the required time for vesting of benefits under Code Section 47-2-111 or 47-2-122 or of the required time for benefits under subsections (c) through (e) of Code Section 47-2-123 shall be deemed to qualify for the required number of years.
(Ga. L. 1953, Nov.-Dec. Sess., p. 160, § 2; Ga. L. 1994, p. 297, § 1.)
OPINIONS OF THE ATTORNEY GENERAL
What constitutes actual required creditable service for death benefits.
- Although Ga. L. 1967, p. 751, § 4 (see O.C.G.A. § 47-2-130) speaks in terms of 15 years of creditable service, the actual required creditable service for death benefits is 13 years and four months under the provisions of Ga. L. 1953, Nov.-Dec. Sess., p. 160, § 2 (see O.C.G.A. § 47-2-124). 1976 Op. Att'y Gen. No. U76-9.
Application of "95% rule" to O.C.G.A. § 47-2-122. - Question of how to apply the "95% rule" in O.C.G.A. § 47-2-124 to the vesting provisions of O.C.G.A. § 47-2-122 should be resolved by the Board of Trustees of the Employees Retirement System in light of the possible conflict with existing policies. 1992 Op. Att'y Gen. No. 92-24.
The 95% rule not applicable to § 47-2-111. - The 95% rule of O.C.G.A. § 47-2-124 does not apply to the calculation of retirement benefits under O.C.G.A. § 47-2-111, since by the statute's plain language, § 47-2-124 only applies to the calculation of benefits pursuant to O.C.G.A. §§ 47-2-122 and47-2-123. 1993 Op. Att'y Gen. No. 93-12 (issued prior to the 1994 amendment to this Code section).
