2020 Georgia Code
Title 47 - Retirement and Pensions
Chapter 7 - Georgia Firefighters' Pension Fund
Article 3 - Membership in the Fund
§ 47-7-40. Eligibility to Apply for Membership; Transfer of Georgia Class Nine Fire Department Pension Fund

1. 1. Any person employed as a firefighter or enrolled as a volunteer firefighter is eligible to make application to the board for membership in the fund; provided, however, that no person under a sentence of confinement shall be eligible for membership in the fund while he or she is incarcerated.
   2. Upon becoming a member of the fund, a firefighter or volunteer firefighter shall receive credit only from the date of his or her becoming a member of the fund.
2. After April 1, 1989, no person who is a member of the Peace Officers' Annuity and Benefit Fund shall be eligible for membership in the fund by virtue of any employment in or appointment to a position the duties of which qualify such person for membership in the Peace Officers' Annuity and Benefit Fund.
3. On and after July 1, 2006, the membership, assets, and administration of the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title shall be transferred to this pension fund, and the Georgia Class Nine Fire Department Pension Fund shall cease to exist as a separate entity. All members so transferred shall receive creditable service for all service credited under such retirement system and shall be entitled to all rights and benefits accorded to members of this retirement system.
4. Any person who, on June 30, 2006, was an active member of the fund by virtue of holding a position other than as a firefighter, in accordance with the qualifications for membership in effect on that date, shall be entitled to remain a member of the fund; provided, however, that if such person has a break in such position that qualified him or her for membership on June 30, 2006, or any other eligible employment provided by this Code section, for greater than 30 days, that member shall be deemed a suspended member, and any future membership shall be subject to laws and regulations in effect when that member's application for reinstatement as an active member is approved.

(Ga. L. 1955, p. 339, § 5; Ga. L. 1956, p. 368, § 4; Ga. L. 1968, p. 441, § 1; Ga. L. 1976, p. 241, § 4; Ga. L. 1979, p. 364, § 1A; Ga. L. 1984, p. 990, § 2; Ga. L. 1985, p. 209, § 1; Ga. L. 1987, p. 1040, §§ 1, 2; Ga. L. 1989, p. 339, § 1; Ga. L. 1991, p. 755, § 4; Ga. L. 1993, p. 476, § 1; Ga. L. 1997, p. 1376, § 1; Ga. L. 2006, p. 120, § 2/HB 749; Ga. L. 2006, p. 122, § 5/HB 344; Ga. L. 2014, p. 168, § 1/HB 460; Ga. L. 2015, p. 898, § 7/HB 266.)

The 2014 amendment, effective July 1, 2014, added the proviso in paragraph (a)(1).

The 2015 amendment, effective July 1, 2015, substituted the present provisions of subsection (d) for the former provisions, which read: "Any person who, on June 30, 2006, was an active member of the fund by virtue of holding a position other than as a certified firefighter or a candidate for such certification, in accordance with the qualifications for membership in effect on that date, shall be entitled to remain a member of the fund; provided, however, that if such person has a break in membership any future membership shall be subject to laws and regulations in effect at such time."

- Pursuant to Code Section 28-9-5, in 2006, subsection (c), as enacted by Ga. L. 2006, p. 122, § 5/HB 344, was redesignated as subsection (d).

For discussion on reinstatement of previous service for Firemen's Pension Fund purposes in light of Ga. L. 1979, p. 364, § 1A, see 1980 Op. Att'y Gen. No. U80-41.

- Firefighter and volunteer firefighters must make an application to the board of trustees for membership in the fund within four months after becoming employed in order to become members of the fund. 1975 Op. Att'y Gen. No. U75-18.

- Person covered by the Firemen's Pension Fund who ceases to be a firefighter for a time and then returns to a fire department must reapply for coverage within four months after the firefighter's return if the firefighter wishes to be reinstated under Ga. L. 1968, p. 441, § 2 (see O.C.G.A. § 47-7-41), and this applies even though the firefighter left the firefighter's contributions in the fund. 1973 Op. Att'y Gen. No. U73-47.

- Member having left fire service and having withdrawn the member's contributions from the fund who subsequently again becomes a firefighter, in order to be reinstated as a member of the fund, must make an application for membership within four months from the date of becoming a firefighter; the legislature intended to apply the same limitations and restrictions to a withdrawn member who has left fire service and subsequently reenters the service as apply to a person becoming a firefighter for the first time; the legislature did not intend to discriminate between them and allow the former an unlimited time to make an application merely by virtue of past membership. 1965-66 Op. Att'y Gen. No. 66-220.

- Board may deny a claim for disability retirement benefits since the disability results from or is attributable to a preexisting condition, or is an aggravation of a preexisting condition. 1991 Op. Att'y Gen. No. 91-12.

- Firefighter who left the fire service and withdrew the firefighter's contributions, and who later reentered fire service, had the status of a new firefighter when the firefighter returned to fire service, and, under Ga. L. 1956, p. 368, § 4 (see O.C.G.A. § 47-7-40), has four months to apply for membership in the fund; under subsection (c), in order to obtain credit for the firefighter's prior fire service, the firefighter must pay up the amount withdrawn from the fund, together with interest thereon at 6 percent per annum. 1958-59 Op. Att'y Gen. p. 237.

- Firefighter or a person who is enrolled as a volunteer firefighter who is at least 35 years of age but under 44 years of age as of April 1, 1984, and who meets all other requirements of the statute could have enrolled in the fund provided that the firefighter could have obtained credit for previous service in a sufficient amount so that when added to the service time available to age 55 totals at least 20 years and provided further that the acquired previous service is less than nine whole years. 1987 Op. Att'y Gen. No. 87-5 (decided under former paragraph (a)(2), which was deleted by the 1987 amendment).

There is no ambiguity created by reference to April 1, 1984, as the date for determining age of eligibility, even though the statute did not become effective until July 1, 1984. 1987 Op. Att'y Gen. No. 87-5 (decided under former paragraph (a)(2), which was deleted by the 1987 amendment).

RESEARCH REFERENCES

C.J.S.

- 62 C.J.S., Municipal Corporations, § 573 et seq. 67 C.J.S., Officers and Public Employees, § 321.