2020 Georgia Code
Title 47 - Retirement and Pensions
Chapter 8 - Superior Court Judges Retirement Fund of Georgia; Senior Judges (Emeritus)
Article 4 - Appointment as Senior Judge; Compensation and Duties
§ 47-8-69. Withdrawal of Payments to the Fund by Superior Court Judges Who Have Been Disqualified or Resigned From Office; Payments Upon the Death of a Superior Court Judge

Any superior court judge who resigns or otherwise becomes disqualified to hold such office shall be entitled to withdraw the total amount, without interest, which he has paid to the fund. If any such judge dies, the total amount, without interest, paid by him to the fund shall be paid to his surviving spouse or, if none, to his personal representative. In the case of any such judge who was receiving benefits from this fund at the time of his death and who has not received the total amount, without interest, paid by him to the fund, his surviving spouse or, if none, his personal representative shall receive from the fund the remainder of his payments to the fund. The employee contributions paid by the employer to the fund on behalf of a judge of the superior courts, as provided in subsection (a) of Code Section 47-8-44, after July 1, 1980, shall be considered to be payments made by the judge.

(Ga. L. 1945, p. 362, § 15; Ga. L. 1980, p. 925, § 13; Ga. L. 1982, p. 3, § 47.)

OPINIONS OF THE ATTORNEY GENERAL

Disqualified superior court judge may withdraw contributions.

- When a former judge of a superior court is disqualified for an appointment to the office of judge of the superior court emeritus (now senior judge), the judge may withdraw the contributions made by the judge to the fund. 1950-51 Op. Att'y Gen. p. 30.

- Widow of a judge who dies after having served two-thirds or more (but less than all) of the time required for an appointment as judge emeritus (now senior judge) is entitled to a return of the judge's contributions. 1968 Op. Att'y Gen. No. 68-331.

- Superior court judge is entitled to disability benefits although the judge has not attained the required retirement age, provided the judge otherwise meets the requirements of Ga. L. 1945, p. 362 (see O.C.G.A. Ch. 8, T. 47); if such a judge makes the election provided by these provisions, fully complies with the statutory terms, and dies after being entitled to disability benefits, the judge's widow thereby would be entitled to the benefits provided, instead of being forced to accept a return of contributions in accordance with this statute. 1968 Op. Att'y Gen. No. 68-331 (see O.C.G.A. § 47-8-69).

RESEARCH REFERENCES

Am. Jur. 2d.

- 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1187 et seq.