2025 Code of Georgia
Title 45 - Public Officers and Employees (Chs. 1 — 25)
Chapter 18 - Employees’ Insurance and Benefits Plans (Arts. 1 — 6)
Article 2 - Deferred Compensation Plans (§§ 45-18-30 — 45-18-38)

Annotations

Opinion Notes

OPINIONS OF THE ATTORNEY GENERAL Distinction between state deferred compensation plans and optional life insurance programs under O.C.G.A. § 45-7-51. —

State Deferred Compensation Law pertains to deferred compensation plan which is aimed primarily at deferring compensation and taxable event of receiving compensation until a later time. Ga. L. 1976, p. 1603, § 1 (see now O. C. G. A. § 45-7-51) creates an optional life insurance program. This optional program is to be administered by each separate agency, whereas a deferred compensation plan is to be administered by the State Personnel Board. Accordingly, there is no conflict between the two programs and both may exist simultaneously. 1980 Op. Att'y Gen. No. 80-6.

State Personnel Board cannot contract to defer compensation for state tax purposes.

1980 Op. Att'y Gen. No. 80-6.

State employee providing services for state for compensation is eligible to participate in deferred compensation plan.

1980 Op. Att'y Gen. No. 80-6.

State Personnel Board has no discretion in providing services for state for compensation.

It cannot exclude eligible employees from participating in plan, and it may not allow ineligible employees to participate. 1980 Op. Att'y Gen. No. 80-6.

Deferred funds must be included when calculating withholding taxes for year. —

Even if funds deferred are not included in taxable income for state income tax purposes for year earned, they would be included for purposes of calculating withholding taxes during that year. 1980 Op. Att'y Gen. No. 80-6.

Research References & Practice Aids

Law reviews.

For note, “How Special is the Special Timing Rule? Analyzing the Timing of FICA Taxation in Nonqualified Deferred Compensation Plans,” see 34 Ga. St. U. L. Rev. 427 (2018).

Hierarchy Notes:

O. C. G. A. Title 45