2020 Georgia Code
Title 47 - Retirement and Pensions
Chapter 7 - Georgia Firefighters' Pension Fund
Article 6 - Retirement, Retirement Allowances, Disability Benefits, and Death Benefits
§ 47-7-103. Benefits Payable Upon Death; Failure to Designate Beneficiary

1. In the event of the death of an active member who has not commenced receiving any benefits under this chapter, up to five selected beneficiaries of such deceased member shall be entitled to be paid the amount of $10,000.00 split equally among the selected beneficiaries, upon any selected beneficiary making proper application to the executive director of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board.
2. In the event of the death of a retired member of the fund who has not elected survivor benefits under Option A or B as provided for in subsection (d) of Code Section 47-7-100 and who has commenced receiving benefits under this chapter, but who has not received total benefits in an amount equal to $10,000.00, up to five beneficiaries selected by the member shall be entitled to receive an equally apportioned amount from the difference between $10,000.00 and the amount of benefits received by such deceased member, upon making application as provided for in subsection (a) of this Code section.
3. In the event of the death of an active member or a retired member who failed to designate a beneficiary, or if all named beneficiaries have predeceased such member, any benefits otherwise payable under subsections (a) or (b) of this Code section shall be payable to such member's estate.

(Ga. L. 1956, p. 368, § 6; Ga. L. 1962, p. 550, § 1; Ga. L. 2000, p. 562, § 9; Ga. L. 2010, p. 438, § 6/HB 1150; Ga. L. 2015, p. 898, § 11/HB 266; Ga. L. 2019, p. 760, § 1/HB 319; Ga. L. 2020, p. 13, § 1/HB 195.)

The 2010 amendment, effective July 1, 2010, substituted "executive director" for "secretary-treasurer" near the end of the first sentence of subsection (a) and inserted ", who has not elected survivor benefits under Option A or B as provided for in subsection (d) of Code Section 47-7-100," near the beginning of subsection (b).

The 2015 amendment, effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "(a) In the event of the death of a member of the fund who is in good standing and who has not commenced receiving any benefits under this chapter, the designated beneficiary of such deceased member shall be entitled to be paid the amount of $5,000.00, upon making proper application to the executive director of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board.

"(b) In the event of the death of a member of the fund who is in good standing, who has not elected survivor benefits under Option A or B as provided for in subsection (d) of Code Section 47-7-100, and who has commenced receiving benefits under this chapter, but who has not received total benefits in an amount equal to $5,000.00, the member's named beneficiary shall be entitled to receive the difference between $5,000.00 and the amount of benefits received by such deceased member, upon making application as provided for in subsection (a) of this Code section."

The 2019 amendment, effective July 1, 2019, added subsection (c).

The 2020 amendment, effective July 1, 2020, substituted "$10,000.00" for "$5,000.00" in the middle of the first sentence of subsection (a) and twice in subsection (b).

- Ga. L. 2020, p. 13, § 1/HB 195 purported to amend the entire Code section but only amended subsections (a) and (b).

OPINIONS OF THE ATTORNEY GENERAL

Interest on return of contributions not authorized.

- Fund does not authorize the payment of interest on the return of contributions, including those contributions made by late applicants for membership pursuant to Ga. L. 1968, pp. 441 and 444, pertaining to membership for firefighters not previously members in the fund. 1970 Op. Att'y Gen. No. 70-82.

RESEARCH REFERENCES

C.J.S.

- 62 C.J.S., Municipal Corporations, § 573 et seq. 67 C.J.S., Officers and Public Employees, § 319 et seq.

- Relationship between fireman's or policeman's performance of official duties and his death, for purpose of recovery of benefits by survivors, 27 A.L.R.2d 1004.

Effect of divorce, remarriage, or annulment, on widow's pension or bonus rights or social security benefits, 85 A.L.R.2d 242.