2025 Code of Georgia
Title 47 - Retirement and Pensions (Chs. 1 — 25)
Chapter 23 - Georgia Judicial Retirement System (Arts. 1 — 7)

Annotations

Opinion Notes

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes.

In light of the similarity of the provisions, opinions under Ga. L. 1976, p. 586 are included in the annotations for this chapter.

Superior court judges eligible for one of three retirement systems:

(1) Superior Court Judges Retirement Fund of Georgia (see now O. C. G. A. § 47-8-1 et seq.), (2) former Trial Judges and Solicitors Retirement Fund (now repealed), and (3) former Superior Court Judges Retirement System (now repealed) depending mainly on the date of assuming office. 1976 Op. Att’y Gen. No. 76-86 (decided under Ga. L. 1976, p. 586).

Membership in Superior Court Judges Retirement System. —

Superior court judge who took office as such after June 30, 1968, and who did not become a member of the former Trial Judges and Solicitors Retirement Fund (now repealed), is authorized and required to become a member of the Superior Court Judges Retirement System (see now O. C. G. A. § 47-8-1 et seq.). 1976 Op. Att’y Gen. No. U76-49 (decided under Ga. L. 1976, p. 586).

Simultaneous membership in two systems. —

One who is both a state court judge and a juvenile court judge may simultaneously belong to the Employees’ Retirement System of Georgia (see now O. C. G. A. § 47-2-1 et seq.), if otherwise eligible, and the former Trial Judges and Solicitors Retirement Fund (now repealed). 1981 Op. Att’y Gen. No. 81-6 (decided under Ga. L. 1976, p. 586).

Ga. L. 1976, p. 586 does not apply to judge not member of this fund. —

Judge who has never been a member of either the former Trial Judges and Solicitors Retirement Fund (now repealed) or the Superior Court Judges Retirement Fund of Georgia (see now O. C. G. A. § 47-8-1 et seq.), and has not performed any service under nor made contributions pursuant to either of these chapters, cannot be vested with any rights, benefits, or elections granted and contained in them, and accordingly Ga. L. 1976, p. 586, § 39 has no application to such judge. 1981 Op. Att'y Gen. No. 81-101.

Applicability of amendments. —

If a former member makes no contributions to the fund and performs no services as a member after amendments become effective, they do not apply to him. 1980 Op. Att'y Gen. No. 80-155 (decided under Ga. L. 1976, p. 586).

Research References & Practice Aids

Cross references.

Public funds for retirement and pension systems for judges, Ga. Const. 1983, Art. III, Sec. X, Para. I.

Compensation and allowances of judges, Ga. Const. 1983, Art. VI, Sec. VII, Para. V.

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

Administrative rules and regulations.

Trial Judges and Solicitors Retirement Fund, Official Compilation of the Rules and Regulations of the State of Georgia, Rule 513-4-1-.01 et seq.

Georgia Judicial Retirement System, Official Compilation of the Rules and Regulations of the State of Georgia, Rule 513-16-1-.01 et seq.

RESEARCH REFERENCES ALR.

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.

Relationship between performance of official duties and subsequent disability or death, for purpose of pension or survivorship benefits of government employee other than fireman, policeman, or military personnel, 85 A. L. R.2d 1048.

Mandatory retirement of public officer or employee based on age, 81 A. L. R.3d 811.

Hierarchy Notes:

O. C. G. A. Title 47