2025 Code of Georgia
Title 47 - Retirement and Pensions (Chs. 1 — 25)
Chapter 2 - Employees’ Retirement System of Georgia (Arts. 1 — 10)

Annotations

Opinion Notes

OPINIONS OF THE ATTORNEY GENERAL General Consideration Retirement rights vested by one statute cannot be taken away

by a subsequent statute. 1972 Op. Att'y Gen. No. 72-122.

Once a right has been extended to the membership of a public retirement system by statute, it becomes part of the employment contract of the affected employees and cannot thereafter be constitutionally deleted or impaired. 1977 Op. Att’y Gen. No. U77-20.

Forfeiture of benefits by employees convicted of crime. —

General Assembly has the authority to enact a statute which proposes the forfeiture of earned retirement benefits of future public employees due to the conviction of a crime; however, an amendment to the Georgia Constitution proposing such a forfeiture by employees who are currently by law vested with rights under the public retirement system would, in all probability, be unconstitutional under the federal Impairment Clause contained in U. S. Const., art. I, sec. X. 1985 Op. Att’y Gen. No. U85-3.

Election of regular retiree does not suspend benefits. —

Retirement benefits are not suspended if regular retiree is elected to full-time, paid county office. 1972 Op. Att'y Gen. No. 72-56.

Chapter is intended to apply prospectively.

1975 Op. Att'y Gen. No. 75-82.

Credit for military service before 1953. —

In order to obtain credit for military service rendered prior to July 1, 1953, a state employee must have been a member of the retirement system on January 1, 1954. 1962 Ga. Op. Att'y Gen. 366.

Credit for service as city court judge. —

Individual is entitled to credit in retirement system for service as a city court judge, but not for service as a municipal court judge or an ex-officio city court judge. 1954-56 Ga. Op. Att'y Gen. 598.

“Contingency clerks” not in retirement system. —

Membership in the retirement system was envisioned for full-time employees of the State of Georgia who occupy positions potentially and probably requiring continued, nonintermittent employment of more than 35 (now 30) hours per week during at least nine months of a year; therefore, personnel within the Department of Labor who occupy the position of “contingency clerk” should not be considered as members of the system and should not be required to contribute to the retirement system, nor should employer contributions be made on their behalves. 1977 Op. Att'y Gen. No. 77-59.

Law does not preclude dual employment

if one works full time with one employer and attempts simultaneously to serve full time in another capacity for another master. 1962 Ga. Op. Att'y Gen. 368.

Member not prohibited from receiving benefits from two retirement systems. —

Member of the Employees’ Retirement System who, as a statutory condition of continued employment, also becomes a bona fide member of the Public School Employees Retirement System, is not prohibited by law from receiving retirement benefits from both systems for valid, separable periods of creditable service, assuming that all other requisite conditions in these provisions are met. 1979 Op. Att'y Gen. No. 79-15.

Employees of multi-state agency not in state system. —

Employees of the Southern Interstate Nuclear Board (now Southern States Energy Board), being employees of a multi-state agency and not of the State of Georgia, are not entitled to membership in the Employees’ Retirement System of Georgia. 1962 Ga. Op. Att'y Gen. 364, but see 1967 Op. Att'y Gen. No. 67-22.

Employees in state positions funded under federal employment provisions cannot participate in retirement systems. —

Law did not contain sufficient authority to implement the conditions and requirements of the regulations promulgated by the United States Secretary of Labor which prescribed the conditions under which employees of the state and local governments and private nonprofit agencies in Georgia whose positions were funded under the former federal Comprehensive Employment and Training Act of 1973 (CETA), 29 U. S. C. § 801 et seq., participated in retirement systems. 1977 Op. Att'y Gen. No. 77-66.

Opinions Under Ga. L. 1957, p. 206, as amended, and Ga. L. 1962, p. 602 Editor’s notes.

In light of the similarity of the issues covered in the provisions, opinions under Ga. L. 1957, p. 206, as amended, and Ga. L. 1962, p. 602, which dealt with emeritus positions, are included in the annotations for this chapter.

Chapter inapplicable to district attorney emeritus system. —

The 1975 amendment to Sec. 4 of the DA’s Emeritus Act repealed the 1962 Forfeiture Act as to any applicability it may have had under the district attorney’s emeritus system. 1976 Op. Att'y Gen. No. 76-86 (rendered under Ga. L. 1962, p. 602).

Need not resign emeritus eligibility before seeking Supreme Court seat. —

To whatever extent the forfeiture and resignation provisions enacted in 1962 may be applicable to judges of the superior courts generally, it cannot be applied constitutionally to a judge to restrict or impair the retirement rights and benefits the judge received under the statute in effect when the judge took office; the judge is not required to resign the judge’s emeritus eligibility prior to seeking a seat on the Supreme Court of Georgia. 1974 Op. Att’y Gen. No. U74-51 (rendered under Ga. L. 1962, p. 602).

District attorney should defer emeritus status before seeking judgeship. —

District attorney may seek election to the office of superior court judge while serving as a district attorney; however, considering the possible consequences of the state emeritus office forfeiture provisions, it is deemed advisable for any state official subject to these provisions to defer the attainment of emeritus status at least until the conclusion of any attempt to seek another public office. 1974 Op. Att’y Gen. No. U74-48 (rendered under Ga. L. 1962, p. 602).

Superior court emeritus benefits suspended upon qualification for Court of Appeals. —

Judge’s qualifying as a candidate to succeed oneself as Judge of the Court of Appeals of Georgia would not cause a forfeiture of the judge’s status, rights, and benefits as a judge of the superior courts emeritus; however, qualification for or election to the position of Judge of the Court of Appeals would result in a suspension of the judge’s status, rights, and benefits as a judge of the superior courts emeritus during the period of time that the judge would hold the office of Judge of the Court of Appeals. 1968 Op. Att’y Gen. No. 68-199 (rendered under Ga. L. 1962, p. 602).

Public service commissioner emeritus assisting commission not entitled to additional compensation. —

Public service commissioner emeritus is not entitled to compensation greater than that provided by statute, and the commission may request a public service commissioner emeritus to consult with, advise, and assist the commission without additional compensation. 1976 Op. Att'y Gen. No. 76-96 (rendered under Ga. L. 1962, p. 602).

Opinions Under Ga. L. 1956, p. 75, § 3, and Ga. L. 1970, p. 716, § 1 Only state employees covered by social security

are those designated by Ga. L. 1956, p. 75, § 1 et seq. (see now O. C. G. A. § 47-18-1 et seq.). 1971 Op. Att’y Gen. No. U71-141.

Research References & Practice Aids

Cross references.

Authorization for establishment of retirement system for employees, Ga. Const. 1983, Art. III, Sec. X, Para. I.

Reimbursement of the Department of Law by state retirement systems for legal services provided by the Attorney General's office, § 45-15-37.

Health insurance plan for state employees, § 45-18-1 et seq.

Deferred compensation plans for state employees, § 45-18-30 et seq.

State’s personnel administration policies and references, § 45-20-1.

Effect of exclusion from the classified service on eligibility for membership in the Employees' Retirement System of Georgia, § 45-20-6.

Administrative rules and regulations.

Eligibility, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of the State Personnel Board, Flexible Benefits Program, Rule 478-2-.04.

Employees’ Retirement System of Georgia, Official Compilation of the Rules and Regulations of the State of Georgia, Rule 513-1-1-.01 et seq.

RESEARCH REFERENCES ALR.

Statute or ordinance providing pension for public officers or employees as available to one who had left service before the passage of the statute, 142 A. L. R. 938.

Effect of reentry into public employment on retirement pension previously granted to public officer or employee, 162 A. L. R. 1469.

Reasonableness of classification, as regards beneficiaries, by statute providing for retirement fund or pension for public officers or employees, 163 A. L. R. 870.

Gift to or for employees’ pension fund as valid charitable gift or trust, 28 A. L. R.2d 428.

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

Misconduct as affecting right to pension or retention of position in retirement system, 76 A. L. R.2d 566.

Employer’s liability, under state law, for fraud or misrepresentation inducing employee to take early retirement, 14 A. L. R.5th 537.

Hierarchy Notes:

O. C. G. A. Title 47