2025 Code of Georgia
Title 38 - Military, Emergency Management, and Veterans Affairs (Chs. 1 — 4)
Chapter 4 - Veterans Affairs (Arts. 1 — 2)
Article 2 - Veterans’ Benefits (Pts. 1 — 4)

Annotations

JUDICIAL DECISIONS

Editor’s notes.

In light of the similarity of the statutory provisions, decisions under former Code 1933, § 78-218 are included in the annotations for this section.

Purpose of this exempting provision is not to give to the Confederate War pensioner any lien or priority of payment for money deposited in a bank, but to protect the pensioner against garnishment or other legal process sued out by the pensioner’s creditor to enforce a debt due by the pensioner to the creditor. Mobley v. Jackson, 171 Ga. 434, 156 S. E. 23, 1930 Ga. LEXIS 378 (1930) (decided under former Code 1933, § 78-218).

Opinion Notes

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes.

In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 78-2, which dealt with veterans benefits for Confederate War soldiers and sailors and dependents, are included in the annotations for this Code section.

Continuing duty to pay pension. —

After a pensioner has once been enrolled, there is a duty to continue to pay the pension to the enrolled pensioner until there is notice of the pensioner’s death, provided the pensioner continues residence in this state. 1945-47 Ga. Op. Att'y Gen. 468 (decided under former Code 1933, Ch. 78-2).

Presupposition of residence for pension and admission eligibility. —

Eligibility for a pension and admission to the confederate home presupposes residence at the time of the passage of Ga. L. 1947, p. 1143. 1948-49 Ga. Op. Att'y Gen. 289 (decided under former Code 1933, Ch. 78-2).

Residence status matter of intent. —

Fact that pensioner is outside state boundaries does not mean that the pensioner is not a resident of Georgia. Under the law of this state, residence is largely a matter of intent which may be inferred from a number of circumstances and facts. It is frequently true that an aged pensioner makes protracted visits to children in other states, but if it is the intention of the pensioner to ultimately return to this state, the pensioner would be entitled to continue to receive the pensioner’s Georgia pension, and the pension regulations in such cases should be liberally construed so as to give deserving pensioners every benefit of the law and facts in connection with their right to receive pensions. 1945-47 Ga. Op. Att'y Gen. 468 (decided under former Code 1933, Ch. 78-2).

Judge must pay the pension on the first day of each month.

1948-49 Ga. Op. Att'y Gen. 623 (decided under former Code 1933, Ch. 78-2).

Widow of Civil War soldier entitled to pension. —

Widow of a soldier who enlisted and served in the military service of the Confederate States, or in a Georgia regiment or company, or under a Georgia command, or in the organized militia of the State of Georgia during the Civil War, who died in the service or was honorably discharged therefrom, shall be entitled to receive a pension upon proper proof that she is a bona fide resident citizen of this state, that she was married prior to the first day of January, 1920, and that she is presently unmarried. 1950-51 Ga. Op. Att'y Gen. 133 (decided under former Code 1933, Ch. 78-2).

Research References & Practice Aids

Cross references.

Disabled veterans’ homestead exemption for ad valorem tax purposes, Ga. Const. 1983, Art. VII, Sec. II, Para. V and § 48-5-48.

Discount on park admission fees for certified disabled veterans, § 12-3-9.1.

Veteran’s lifetime sportsman’s license, § 27-2-3.1.

Honorary and discounted hunting and fishing licenses for veterans, § 27-2-4.

Disabled veterans and blind persons engaging in peddling, operating businesses, or practicing professions, § 43-12-1 et seq.

RESEARCH REFERENCES ALR.

Constitutionality of statutes providing for bounty or pension for soldiers, 13 A. L. R. 587; 15 A. L. R. 1359; 147 A. L. R. 1432; 156 A. L. R. 1458.

Statute of limitations in respect of action or proceeding to establish right to, or recovery of benefits of, pension, 136 A. L. R. 809.

Retirement or pension proceeds or annuity payments under group insurance as subject to attachment or garnishment, 28 A. L. R.2d 1213.

Vested right of pensioner to pension, 52 A. L. R.2d 437.

Effect of divorce, remarriage, or annulment, on widow’s pension or bonus rights or social security benefits, 85 A. L. R.2d 242.

Rights in survival benefits under public pension or retirement plan as between designated beneficiary and heirs, legatees, or personal representative of deceased employee, 5 A. L. R.3d 644.

Hierarchy Notes:

O. C. G. A. Title 38

O. C. G. A. Title 38, Ch. 4