2021 Georgia Code
Title 47 - Retirement and Pensions
Chapter 8 - Superior Court Judges Retirement Fund of Georgia; Senior Judges (Emeritus)
Article 4 - Appointment as Senior Judge; Compensation and Duties
§ 47-8-67. Election of Survivors Benefits Coverage; Contributions Required for Such Coverage; Effect of Such Coverage on Appointment to the Office of Senior Judge; Amount of Survivors Benefits

1. Any superior court judge holding office on March 11, 1970, shall have the option, which must be exercised, if at all, by not later than July 1, 1970, of electing to have his surviving spouse receive for the remainder of her life a benefit which, except as otherwise provided in subsection (c) of this Code section, shall be equal to the salary such judge would have received had he lived and been appointed senior judge, subject to the following conditions:
   1. Any judge so electing shall pay an amount equal to 2 percent of his or her state salary for each year of prior service as a judge of superior court up to the time of such election and shall thereafter contribute, in addition to the 5 percent contribution required by this chapter, 2 percent of the salary paid to him or her by the state. Such amount shall be deducted from such salary by The Council of Superior Court Judges of Georgia and deposited into the retirement fund; and
   2. Any judge so electing shall not be eligible for appointment as senior judge until he is at least 60 years of age, except that he may be appointed senior judge before reaching such age as a result of disability as provided in subsection (c) of Code Section 47-8-40.
2. Any person who becomes a superior court judge after June 30, 1968, and who is eligible for appointment as senior judge shall have the option provided in subsection (a) of this Code section, which must be exercised, if at all, within 60 days after becoming a superior court judge. All requirements and other provisions of this Code section shall apply to any superior court judge exercising this option.
3. Upon the death of any superior court judge who has made the election provided for in subsection (a) of this Code section and who was at the time of his death (1) serving as a senior judge, (2) eligible for appointment as a senior judge, or (3) otherwise eligible for appointment as a senior judge except for not having attained age 60, his surviving spouse shall receive for the remainder of her life a monthly benefit equal to the salary as a senior judge which he was drawing or which he was eligible to draw at the time of his death or which he would have been eligible to draw had he lived and been appointed a senior judge, provided that if his surviving spouse is younger than such judge and has not been married to him for at least 20 years, the benefit paid to the surviving spouse shall be converted to the actuarial equivalent on the age attained by the surviving spouse at the time of the judge's death based on actuarial tables adopted by the trustees of the fund as recommended by an actuary selected by such trustees.
4. No provision of this chapter shall be construed so as to require any superior court judge exercising the option provided by this Code section to be holding office as a superior court judge in order to be eligible for appointment as a senior judge; and, if otherwise qualified in accordance with this chapter, any such judge shall be entitled to be appointed as a senior judge, subject to the requirements of this Code section, whether or not he is holding office at the time of his appointment.
5. Any superior court judge who has elected to exercise the option provided for in this Code section shall have until July 1, 1970, to rescind such action and to withdraw from the program of benefits provided for in this Code section. If any superior court judge elects to rescind such action, he shall so notify the trustees of the fund, in writing, prior to July 1, 1970. If such action is rescinded, there shall be refunded to any such judge all contributions which he has made toward the program of benefits, less any administrative costs and expenses incurred by the fund and less any costs and expenses for any accrued benefits enjoyed by any such superior court judge during his participation in the program prior to his withdrawal.

(Ga. L. 1968, p. 275, § 2; Ga. L. 1970, p. 249, §§ 1-4; Ga. L. 1973, p. 785, § 1; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 92, § 1; Ga. L. 2009, p. 753, § 8/SB 109; Ga. L. 2010, p. 1207, § 64/SB 436.)

The 2009 amendment, effective July 1, 2010, in paragraph (a)(1), inserted "or her" twice in the first sentence and substituted "Council of Superior Court Judges of Georgia" for "commissioner of administrative services" in the last sentence.

The 2010 amendment, effective July 1, 2010, substituted "The Council" for "the Council" in the second sentence of paragraph (a)(1).

- 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. 1207, § 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

Widow's benefits not available to senior judges.

- General Assembly did not intend to make available to senior judges the "widow's benefits" option available to judges of the superior courts. 1970 Op. Att'y Gen. No. 70-101.

- General Assembly intended that the election of widow's benefits pursuant to this statute be conditioned upon the making of such payments as provided in this statute. 1968 Op. Att'y Gen. No. 68-429 (see O.C.G.A. § 47-8-67).

Any superior court judge who so chooses may select widow's benefits to continue to his surviving spouse upon his death, provided the judge pays an additional contribution of two percent of his salary to the fund. 1976 Op. Att'y Gen. No. 76-1.

- Superior court judge must be serving as such in order to apply for an appointment as judge of the superior courts emeritus (now senior judge); however, there are two exceptions to this rule: (1) a judge of the superior courts who is eligible for appointment as a judge of the superior courts emeritus (now senior judge), but who has not yet been so appointed, who is elected or appointed to, or qualifies for, an office of profit or trust under the Constitution of the United States or the Constitution of Georgia, may assume such office of profit or trust, and the judge's right to appointment (the judge's eligibility) shall be suspended during the time the judge holds such office of profit or trust; and (2) any superior court judge who elects to extend retirement benefits to the judge's widow under the terms of this statute, is eligible for an appointment as a judge emeritus (now senior judge), whether or not the judge is holding office at the time of the judge's appointment by the Governor, assuming, of course, the judge has the requisite service. 1974 Op. Att'y Gen. No. 74-23 (see O.C.G.A. § 47-8-67).

- No judge of the superior courts selecting widow's benefits may be appointed judge of the superior courts emeritus (now senior judge) until the judge is at least 60 years of age, except for appointments under the disability section of Ga. L. 1945, p. 362 (see O.C.G.A. Ch. 8, T. 47). 1976 Op. Att'y Gen. No. 76-1.

- Superior court judge who selects widow's benefits, but who resigns or otherwise leaves office prior to attaining age 60, is entitled, upon the attainment of age 60, to be appointed judge of the superior courts emeritus (now senior judge), assuming the judge otherwise meets the service requirements for that office, notwithstanding the fact that the judge is not serving as a judge when appointed as judge of the superior courts emeritus (now senior judge). 1976 Op. Att'y Gen. No. 76-1.

- Statute provides for widow's benefits to the surviving spouse of a judge who dies after obtaining the service requirements for an appointment as emeritus (now senior) judge, but who has not yet reached age 60 at the time of death; this is true whether or not the member is serving as a superior court judge at the time of the member's death. 1976 Op. Att'y Gen. No. 76-1 (see O.C.G.A. § 47-8-67).

- Judge who has elected the benefits provided by this statute and who has made the required contributions may retire before age 60 if the judge waives both the widow's benefits and a return of the judge's contributions made under this statute. 1968 Op. Att'y Gen. No. 68-392 (see O.C.G.A. § 47-8-67).

- Widow currently receiving widow's benefits is entitled to a benefit equal to the salary of the emeritus (now senior) judge at the time of judge's death; the language of the law is clear and unequivocal and would allow no increase when the superior court judges' salaries increase. 1973 Op. Att'y Gen. No. 73-75.

- General Assembly has not provided for a refund of the contributions toward widow's benefits in the event a judge is predeceased by the judge's spouse. 1971 Op. Att'y Gen. No. 71-84.

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judges, § 13. 60A Am. Jur. 2d, Pensions and Retirement Funds, §§ 1169 et seq., 1175.