2021 Georgia Code
Title 47 - Retirement and Pensions
Chapter 3 - Teachers Retirement System of Georgia
Article 3 - Employee and Employer Contributions; Creation of Funds for Contributions, Benefits, and Administrative Expenses
- § 47-3-40. Funds in Which Assets of the Retirement System Are to Be Held
- § 47-3-41. Annuity Savings Fund Generally
- § 47-3-41.1. Payment of Employee Contributions by Employers; Mandatory Nature; Vesting
- § 47-3-42. Employer's Duty to Deduct, Collect, and Remit Employee Contributions; Effect of Failure to Deduct, Collect, and Remit Such Contributions
- § 47-3-43. Pension Accumulation Fund Generally
- § 47-3-44. Crediting to Pension Accumulation Fund; Annual Transfer From Pension Accumulation Fund to Provide Regular Interest
- § 47-3-45. Obligations of the Pension Accumulation Fund; Permissible Uses of the Assets of the Pension Accumulation Fund and of Income, Interest, and Dividends
- § 47-3-46. Date on Which Contributions to the Retirement System Are to Commence
- § 47-3-47. Purpose of the Expense Fund
- § 47-3-48. Certification to Employers of Normal and Accrued Liability Contribution Rates; Estimates by Employers of Contributions for Coming Year; Requests for Appropriations
- § 47-3-49. Effective Date of Chapter; Effect of Appropriation of Funds on the Obligation to Make Employee and Employer Contributions to the Retirement System
OPINIONS OF THE ATTORNEY GENERAL
"Employer" of teacher makes contribution to retirement system.
- Ga. L. 1943, p. 640, § 1 (see O.C.G.A. § 47-3-1) defines an "employer" of a teacher as that agency "by which a teacher is paid"; therefore, when a teacher is paid by the Department of Education, that department should make the contribution to the retirement system; when a teacher is paid by a local board of education, the local board should make the contribution. 1948-49 Op. Att'y Gen. p. 149.
Pension from retirement system not based on local retirement fund.- If a teacher includes previous service in a system under the retirement system toward retirement under a local retirement fund, and the retirement system pays the pension amounts on that service to the local fund, the teacher cannot be allowed pension benefits from the retirement system based on those same years for which payments are being made to the local fund as this would clearly amount to a double payment. 1974 Op. Att'y Gen. No. 74-21.
RESEARCH REFERENCES
Am. Jur. 2d.
- 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1169 et seq.
C.J.S.- 78 C.J.S., Schools and School Districts, § 486.
