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
§ 47-8-41. Eligibility for Appointment as a Senior Judge or Retirement; Salary or Benefits; Creditable Service

1. Any judge of a superior court of this state who is in at least his nineteenth year of service as a judge of a superior court of this state, any service as district attorney of a judicial circuit, as a judge of or solicitor of a city or county court of this state, or 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, or assistant district attorney or district attorney pro tempore as herein provided, being allowable in computing such 19 years' service, provided at least one complete term or its equivalent number of years in two or more terms have been served as judge of a superior court of this state or who has already been in service for 19 years as a judge of a superior court of this state on March 9, 1945, and who is still in service as such officer, shall be eligible for appointment at his pleasure and shall be eligible to receive the benefits now or hereafter offered judges of the superior courts, provided that the General Assembly retirement service credit shall be for the entire term of office to which such person was elected and served.
2. Any judge of a superior court of this state qualifying under any one of the following provisions shall be eligible to retire at his pleasure and shall be eligible to receive one-half of the salary now or hereafter paid to judges of the superior courts by the state:
   1. He has reached the age of 65 years and has completed ten years of service as a judge of the superior courts of this state, as distinguished from creditable service, and has for the period of his service as such judge made payments to the fund at the rate herein specified, and has been appointed under this chapter as a senior judge of the superior courts, as provided in Code Section 47-8-40; or
   2. Any judge of a superior court of this state who has been in service as a judge of the superior court for at least ten years and who becomes disabled from continuing his duties as judge of the superior court and who shall have attained the age of 62 years, satisfactory evidence of such disability having been presented to the board of trustees and a recommendation of appointment having been made by a majority of the board.

(Ga. L. 1945, p. 362, § 11; Ga. L. 1946, p. 228, § 2; Ga. L. 1950, p. 283, § 3; Ga. L. 1952, p. 293, § 3; Ga. L. 1953, Nov.-Dec. Sess., p. 108, § 3; Ga. L. 1955, p. 152, § 3; Ga. L. 1956, p. 380, § 3; Ga. L. 1960, p. 161, §§ 3, 3A; Ga. L. 1976, p. 586, § 35; Ga. L. 1982, p. 3, § 47; Ga. L. 1993, p. 86, § 1; Ga. L. 2010, p. 1207, § 64/SB 436.)

The 2010 amendment, effective July 1, 2010, substituted "district attorney pro tempore" for "district attorney pro tem." in the middle of subsection (a).

- Ga. L. 2010, p. 1207, § 1, not codified by the General Assembly, provides that: "The intent of this Act is to repeal obsolete and inoperative provisions and to make certain stylistic corrections in Title 47 of the Official Code of Georgia Annotated. Nothing in this Act shall deny, abridge, increase, renew, revive, or on any way affect any right, benefit, option, credit, or election to which any person was entitled pursuant to such title on June 30, 2010, and the board of trustees of each public retirement system is authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this Act; provided, however, that any such right, benefit, option, credit, or election shall be subject to the statutory provisions in effect on June 30, 2010."

Ga. L. 2010, p. 127, § 67, not codified by the General Assembly, provides that: "In the event of an irreconcilable conflict between a provision of Sections 62 through 64 of this Act and a provision of another Act enacted at the 2010 regular session of the General Assembly, the provision of such other Act shall control over this Act to the extent of the conflict."

OPINIONS OF THE ATTORNEY GENERAL

Judge entering nineteenth year of service is eligible.

- 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.

- 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.

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, § 13. 60A Am. Jur. 2d, Pensions and Retirement Funds, §§ 1192 et seq., 1228 et seq.

- 48A C.J.S., Judges, §§ 46 et seq., 182 et seq., 204 et seq.