2021 Georgia Code
Title 47 - Retirement and Pensions
Chapter 2 - Employees' Retirement System of Georgia
Article 5 - Service Creditable Toward Retirement Benefits


OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the provisions, decisions under Ga. L. 1948, p. 138, § 4, as amended, are included in the annotations for this article.

When retirement benefits become vested.

- Retirement rights become vested in the claimant immediately upon any participation in active service while the civil service provisions are in effect, irrespective of whether at the time in question the claimant has completed sufficient length of service to be eligible for retirement as a matter of right; such rights cannot be constitutionally divested by any subsequent Act of the General Assembly. 1971 Op. Att'y Gen. No. 71-5 (decided under Ga. L. 1949, p. 138, § 4).

Retirement credit authorized to county tax officials for forfeited leave, and the rules and regulations of the board of trustees adopted thereunder must be followed as to the manner and method in which this forfeited leave is documented and certified as to any tax officials and employees not covered by a county merit system or other established leave practice or policy. 1979 Op. Att'y Gen. No. 79-69 (decided under Ga. L. 1949, p. 138, § 4).

Forfeited leave may be used as creditable service for computing beneficiary's death allowances in the event of the death in service of a constitutional officer, or any other eligible member of the retirement system, so long as all other requirements for death allowances are met. 1979 Op. Att'y Gen. No. 79-34 (decided under Ga. L. 1949, p. 138, § 4).

RESEARCH REFERENCES

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 316 et seq. 81A C.J.S., States, § 216.

ALR.

- Statute or ordinance providing pension for public officers or employees as available to one who had left service before the passage of the statute, 142 A.L.R. 938.

Disciplinary suspension of public employee as affecting computation of length of service for retirement or pension purposes, 6 A.L.R.2d 506.

Constitutionality, construction, and application of statute or ordinance providing for reduction of pension or retirement benefit of public officer or employee because of independent income, 7 A.L.R.2d 692.

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