2021 Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Chapter 2 - Military Affairs
Article 1 - State Militia Generally
Part 1 - General Provisions
§ 38-2-9. State Retired List; Officers; Enlisted Persons; Grade Upon Transfer to List; Return to Active Duty; Computation of Time

1. Any member of the organized militia who has reached the age of 64 years may be retired for the reason of age and transferred to the state retired list by the Governor. A member may be retired for reason of age and transferred to the state retired list by the Governor before reaching 64 years of age in order to conform to the laws and regulations of the United States which are applicable to the organized militia.
2. Any officer who has served for at least 20 years in the organized militia or in the organized militia and the armed forces of the United States combined, upon his request, may be transferred to the state retired list by the Governor in a grade which is one grade higher than the highest grade previously held by him during such service. In computing the 20 year period, service as an enlisted person shall be counted.
3. Any warrant officer or enlisted person who has served for at least 20 years in the organized militia or in the organized militia and the armed forces of the United States combined, upon his request, may be transferred to the state retired list by the Governor in a grade equivalent to the highest grade held by him during such service. If the grade was of officer grade, subsection (b) of this Code section will govern.
4. Upon the recommendation of the adjutant general, the Governor may order any person on the state retired list to return to active duty and serve on military courts or boards, perform staff duty in or with the organized militia, or, in time of emergency, perform any military duty in or with the organized militia. In any such case, the person so ordered shall rank in his grade at retirement from the date of the order.
5. Time spent on the state retired list shall not be credited in the computation of length of service for seniority, pay, promotion, or otherwise, or any of the privileges and exemptions pertaining thereto, except that time served on active duty by order of the Governor shall be credited.

(Ga. L. 1951, p. 311, § 18; Ga. L. 1955, p. 10, § 15; Ga. L. 2005, p. 213, § 4/SB 258.)

- Credit for service in organized militia for purposes of Employees' Retirement System of Georgia, § 47-2-90.

OPINIONS OF THE ATTORNEY GENERAL

Requirement for transfer to retired list at higher grade.

- Officer must be a current member of the organized militia in order for the Governor to transfer the officer, upon certain conditions, to the retired list at one grade higher than the highest grade previously held. 1976 Op. Att'y Gen. No. 76-32.

- Term "transferred" requires that the transferee (officer) be in a present condition or status over which the transferor (Governor) exercises authority or control, and that the transferor have authority or control to some extent over the position or status to which the transferee is transferred. 1976 Op. Att'y Gen. No. 76-32.