2021 Georgia Code
Title 47 - Retirement and Pensions
Chapter 1 - General Provisions
Article 2 - Restrictions and Prohibitions on Membership in Public Retirement or Pension Systems
- § 47-1-20. Definitions
- § 47-1-21. Termination of Membership in Public Retirement System for Committing Public Employment Related Crimes; Applicability to Employees on July 1, 1985; Determination of Benefits
- § 47-1-22. Reduction and Forfeiture of Rights and Benefits by Public Employees After July 1, 1985, for Committing Public Employment Related Crimes; Reimbursement of Contributions
- § 47-1-22.1. Rights and Benefits of Employees Convicted of Drug Related Crimes
- § 47-1-22.2. Notification to Public Retirement System of Conviction for Public Employment Related Crime
- § 47-1-23. Rights of Public Employee Charged With Committing Public Employment Related Crime
- § 47-1-24. Benefits Denied to Beneficiary Who Murders or Commits Voluntary Manslaughter of Member of Public Retirement System
- § 47-1-25. Determination of Economic Impact of Public Employment Related Crime
OPINIONS OF THE ATTORNEY GENERAL
Forfeiture of benefits by employees convicted of crime.
- General Assembly has the authority to enact a statute which proposes the forfeiture of earned retirement benefits of future public employees due to the conviction of a crime; however, an amendment to the Georgia Constitution proposing such a forfeiture by employees who are currently by law vested with rights under the public retirement system would, in all probability, be unconstitutional under the federal Impairment Clause contained in U.S. Const., Art. I, Sec. 10. 1985 Op. Att'y Gen. No. U85-3.
RESEARCH REFERENCES
Am. Jur. 2d.
- 60 Am. Jur. 2d, Pensions and Retirement Funds, §§ 37, 39.
C.J.S.- 67 C.J.S., Officers and Public Employees, § 316 et seq.
