2021 Georgia Code
Title 47 - Retirement and Pensions
Chapter 8 - Superior Court Judges Retirement Fund of Georgia; Senior Judges (Emeritus)
Article 3 - Eligibility for Appointment as Senior Judge
§ 47-8-40. Eligibility for Appointment to the Office of Senior Judge; Salary; Creditable Service

1. Any judge of a superior court of this state who is in at least his nineteenth year of service as judge of a superior court or who had been in service as a superior court judge for 19 years as of March 9, 1945, and who is still in such service shall be eligible for appointment as a senior judge under this chapter, provided that he has made payments under Code Section 47-8-43 for at least 19 years. Service as district attorney of a judicial circuit; as judge of or solicitor of a city court, county court, or any court of record of the state from which an appeal may be taken directly to the Court of Appeals of Georgia; membership in the General Assembly; or service in the armed forces of the United States occasioned by the national emergencies of World War I, World War II, or the Korean Conflict shall be allowable in computing the required 19 years of service, provided that at least four years have been served as judge of a superior court. Credit for service in the General Assembly shall be for the entire term of office to which such person was elected and served.
2. Any judge of a superior court who has reached 68 years of age and who is in at least his tenth year of service as a judge of a superior court shall be eligible for appointment as a senior judge.
3. Any judge of a superior court who has been in service as a judge of a superior court for ten years and who becomes disabled and is unable to continue his duties as judge of the superior court shall be eligible for appointment as senior judge upon presentation of satisfactory evidence of such disability to the board of trustees and a recommendation of appointment by a majority of the board of trustees.
4. Any judge of a superior court who has reached age 65 and has completed ten years of actual service as judge of a superior court, as distinguished from creditable service, shall be eligible for appointment to senior judge and for early retirement at one-half of the salary paid to superior court judges, provided that he has made the payments required under Code Section 47-8-43.
5. Any former judge of a superior court who has reached the age of 75, who has served 16 years as judge of a superior court, who reached the age of 68 while serving such 16 years as judge of the superior court, and who has also served four years in the General Assembly prior to his service as judge of the superior court shall be eligible for appointment by the Governor to the office of senior judge. Such person shall be required by the board of trustees to pay into the retirement fund a sum equal to 5 percent of the salary received by such judge from March 9, 1945, to the time he reached 68 years of age. Such person, when so appointed by the Governor, shall receive a salary equivalent to one-half of the salary then being paid to the judge of the superior court of the circuit in which he served and his actual expense incurred while holding court in a county other than that of his residence, provided that the sum to be received shall not exceed $4,000.00 per annum.
6. Any other provision of this chapter to the contrary notwithstanding, any judge of a superior court of any circuit who, during a term of office to which he was elected, resigned for the purpose of entering the armed forces of the United States during World War II, who did enter the armed forces, and who thereafter resumed duties as a judge of a superior court of his judicial circuit during the term of office to which he had been elected shall, for all purposes, be considered to have been continuously in service as judge of the superior court during that whole term of office. The whole of that term of office shall be considered in computing his period of service for all purposes under this chapter.
7. Military service time in the armed forces of the United States during time of war shall be computed in addition to all other service under the terms of this chapter.
8. In granting credit for service in the armed forces of the United States, one year of credit shall be granted for each year or fraction of a year of such service.
9. From and after March 13, 1957, any service as an assistant district attorney of a judicial circuit, which office is provided for by law, or as a district attorney pro tempore pursuant to Code Section 15-18-5 shall be allowable in computing years of service as a judge of the superior court under this Code section, provided that sums due under this chapter for such service have been paid.

(Ga. L. 1945, p. 362, § 2; Ga. L. 1946, p. 228, § 1; Ga. L. 1950, p. 283, §§ 1, 5; Ga. L. 1950, p. 341, § 1; Ga. L. 1952, p. 293, § 1; Ga. L. 1953, Nov.-Dec. Sess., p. 108, § 1; Ga. L. 1955, p. 152, § 1; Ga. L. 1956, p. 380, § 1; Ga. L. 1957, p. 82, §§ 1-3; Ga. L. 1957, p. 486, § 1; Ga. L. 1960, p. 161, § 1; Ga. L. 1961, p. 64, § 1; Ga. L. 1961, p. 429, § 1; Ga. L. 1965, p. 102, § 1; Ga. L. 1968, p. 275, § 1; Ga. L. 1976, p. 586, § 32; Ga. L. 1982, p. 3, § 47; Ga. L. 2000, p. 131, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Special group of judges created by statutory scheme.

- Statutory scheme creating the superior court judges emeritus program (now Superior Court Judges Retirement Fund) envisions the creation of a special group of judges to perform duties as provided by law. 1975 Op. Att'y Gen. No. U75-3.

- When a statutory provision separate from Ga. L. 1945, p. 362 (see O.C.G.A. Ch. 8, T. 47) provides that the ministerial act of performing a marriage ceremony may be carried out by any judge, a judge of the superior courts emeritus (now senior judge of the superior courts) may perform that function. 1975 Op. Att'y Gen. No. U75-3.

- To be eligible for the position of judge of the superior courts emeritus (now senior judge of the superior courts) and retirement on two-thirds of the salary paid the judge of the superior court, a judge need only enter into the judge's nineteenth year of service and need not complete that year. 1957 Op. Att'y Gen. p. 78.

- There is no limitation in subsection (a) of this statute on the minimum period of time which must be worked as a superior court judge in the fourth year to meet the four-year requirement; thus, it would appear that one day of work as a judge in the fourth year would suffice. 1972 Op. Att'y Gen. No. 72-8 (see O.C.G.A. § 47-8-40).

- 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 Ga. L. 1945, p. 362, § 15 (see O.C.G.A. § 47-8-69). 1968 Op. Att'y Gen. No. 68-331.

- Service as assistant district attorney rendered prior to section's enactment and approval is not creditable toward an appointment to the office of judge of the superior courts emeritus (now senior judge of the superior courts). 1975 Op. Att'y Gen. No. 75-14 (see O.C.G.A. § 47-8-40).

- Judge of the superior courts is entitled to count the days, months, and years the judge has served in the armed forces of the United States during World War II when computing the judge's 19 years of service. 1968 Op. Att'y Gen. No. 68-53.

- Service rendered as cadet midshipman in United States Merchant Marine Cadet Corps is creditable service under the provisions of this statute. 1974 Op. Att'y Gen. No. U74-108 (see O.C.G.A. § 47-8-40).

- "Fraction of a year" for armed forces' credit means fraction of a 12-month period, not fraction of a calendar year; moreover, there is no statutory basis for granting a full year's credit for a fraction of a year's service in a civilian state office. 1972 Op. Att'y Gen. No. U72-91.

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, § 5. 63C Am. Jur. 2d, Public Officers and Employees, § 54.

- 48A C.J.S., Judges, § 28 et seq.