---
title: O.C.G.A. § 44-12-207. When employee benefit trust distributions and income thereon presumed abandoned; exceptions.
collection: code
id: 44-12-207
cite_as: O.C.G.A. § 44-12-207 (2025)
canonical_url: https://georgiacommons.org/code/44-12-207
md_url: https://georgiacommons.org/code/44-12-207.md
text_url: https://georgiacommons.org/code/44-12-207/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch8-15-(v32)-2022-pdf.pdf?sfvrsn=9e9e06de_0#page=292
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/44-12.md
previous: https://georgiacommons.org/code/44-12-206.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / RIGHTS IN PERSONALTY / DISPOSITION OF UNCLAIMED PROPERTY
---

# O.C.G.A. § 44-12-207. When employee benefit trust distributions and income thereon presumed abandoned; exceptions.

(a) All employee benefit trust distributions and any income or other increment thereon are abandoned to this state under the provisions of this article if the owner has not, within five years after it becomes payable or distributable, accepted such distribution, corresponded in writing concerning such distribution, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary of the trust or custodial fund or administrator of the plan under which such trust or fund is established.

(b) An employee benefit trust distribution and any income or other increment thereon shall not be presumed abandoned to this state under the provisions of this article if, at the time such distribution shall become payable to a participant in an employee benefit plan, such plan contains a provision for forfeiture, if the trustees of an employee benefit plan supported wholly or partially from public funds adopt a provision for forfeiture, or if such plan expressly authorizes the trustee to declare a forfeiture of a distribution to a beneficiary thereof who cannot be found after a period of time specified in such plan, and the trust or fund established under the plan has not terminated prior to the date on which such distribution would become forfeitable in accordance with such provision.

## History

Code 1981, § 44-12-207, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 13.