---
title: O.C.G.A. § 47-17-80. Retirement benefit options; payment to surviving spouse; requirements; effect of reemployment; effect of changes in retirement benefits; payment on death of member.
collection: code
id: 47-17-80
cite_as: O.C.G.A. § 47-17-80 (2025)
canonical_url: https://georgiacommons.org/code/47-17-80
md_url: https://georgiacommons.org/code/47-17-80.md
text_url: https://georgiacommons.org/code/47-17-80/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t47-(v35)-pdf.pdf?sfvrsn=9ec6d528_0#page=183
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.
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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: RETIREMENT AND PENSIONS / PEACE OFFICERS’ ANNUITY AND BENEFIT FUND / RETIREMENT BENEFITS AND DISABILITY BENEFITS
---

# O.C.G.A. § 47-17-80. Retirement benefit options; payment to surviving spouse; requirements; effect of reemployment; effect of changes in retirement benefits; payment on death of member.

(a) At the time a member qualifies for retirement payments, such member must choose a payment option provided for in this Code section. A member shall become eligible to begin receiving benefits on the first day of the month following the month in which the member qualified for retirement and terminated active employment as a peace officer; provided, however, that, if a member is vested and has reached age 55, then the requirement of terminated active employment as a peace officer is waived. A member shall present to the executive director a completed application form for retirement benefits within 30 days of the anticipated retirement date. The application shall contain such information as the board shall require. After approval by the board, the executive director shall pay to such retired member a monthly sum based on the option chosen by the member. If a married member with a spouse then living is unable to choose an option provided for in this Code section and to complete an application form because of death, mental incompetency, or other providential cause, then Option Two shall become effective. After a member’s retirement application has been approved by the board, the member is ineligible to return to active status in the fund.

(b) Option One shall consist of a single life annuity payable in monthly payments for the life of the member only. The monthly payment under this option shall be an amount equal to $30.00 per month for each full year of creditable service and in the event the member shall have additional service credit not totaling a full year, the further sum of one-twelfth of the amount paid per month for each additional year of service credit shall be paid for each month of additional service credit, provided that the member either has at least ten years of membership service, or 15 years of membership service for individuals who became members on or after July 1, 2010, and is at least 55 years of age or has at least 30 years of creditable service, regardless of age. Such monthly benefit payment shall be paid on each full year and additional full months of creditable service up to a maximum of 30 years of total service.

(c) Option Two shall consist of a 100 percent joint life annuity payable during the life of the member or the member’s spouse. The amount of monthly payment to be paid under this option shall be based on the date the member first becomes eligible to receive pension benefits (normal retirement date) and shall be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the member under Option One. Such actuarial equivalence shall be computed using an interest rate and current mortality table adopted by the board, the age of the member, and, if applicable, the age of the spouse as of the date benefits are to commence or as of the date benefits would have commenced if the member had retired after first becoming eligible for full benefits, whichever is earlier.

(d) Option Three shall consist of a contingency life annuity with a 50 percent monthly payment to the surviving spouse. The amount of monthly payment to be paid under this option shall be based on the date the member first becomes eligible to receive pension benefits (normal retirement date) and shall be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the member under Option One. Such actuarial equivalence shall be computed using an interest rate and current mortality table adopted by the board, the age of the member, and, if applicable, the age of his or her spouse as of the date benefits are to commence or as of the date benefits would have commenced if the member had retired after first becoming eligible for full benefits, whichever is earlier.

(e) Under Option Two or Three, in the case of a divorce, a retired member may revoke the election of any such option at any time after the entry of a final judgment of complete divorce from the retired member’s spouse or the retired member may elect to continue under Option Two or Three for the benefit of the former spouse. Upon any such revocation, or in the case of the death of a spouse, the retired member shall begin receiving the monthly retirement benefit which the retired member would have been entitled to receive under Option One. In the event any such retired member remarries, the retired member may elect to begin receiving the applicable reduced monthly retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the former spouse. Such actuarial equivalence shall be based on the age of the retired member and the age of the retired member’s new spouse at the time of such election and shall be computed using an interest rate and current mortality table adopted by the board with a five-year age setback for females and monthly payment annuity functions.

(f) In the event an active member of the fund dies before retirement and such member has accumulated at least ten years of membership service, or 15 years for members who become members on or after July 1, 2010, or would otherwise have been eligible to receive retirement benefits, benefits shall be extended to the surviving spouse of such member in the form of an annuity for the remaining life of such spouse determined and paid to such surviving spouse under Option Two of this Code section to the same extent as if such member had died while receiving retirement benefits under Option Two.

(g) Upon the death of any retired member, any unpaid monthly benefits shall be paid to the named beneficiary, if any, or if there is no named beneficiary, then to the estate of the retired member.

## History

Ga. L. 1950, p. 50, § 11; Ga. L. 1952, p. 81, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 574, § 3; Ga. L. 1953, Nov.-Dec. Sess., p. 488, § 1; Ga. L. 1956, p. 280, § 10; Ga. L. 1958, p. 341, § 6; Ga. L. 1962, p. 39, § 5; Ga. L. 1965, p. 593, § 3; Ga. L. 1969, p. 74, § 3; Ga. L. 1971, p. 12, § 1; Ga. L. 1973, p. 57, § 1; Ga. L. 1973, p. 63, §§ 3, 4; Ga. L. 1974, p. 1204, § 1; Ga. L. 1975, p. 578, §§ 2, 3; Ga. L. 1979, p. 430, §§ 2, 3; Ga. L. 1981, p. 454, §§ 1-3; Ga. L. 1986, p. 609, § 1; Ga. L. 1988, p. 633, §§ 1-3; Ga. L. 1988, p. 999, § 1; Ga. L. 1990, p. 346, §§ 1, 2; Ga. L. 1990, p. 482, § 1; Ga. L. 1994, p. 320, § 4; Ga. L. 1995, p. 27, § 1; Ga. L. 1996, p. 304, § 1; Ga. L. 2000, p. 1241, § 1; Ga. L. 2002, p. 666, § 1; Ga. L. 2007, p. 163, § 1/HB 106; Ga. L. 2009, p. 322, § 7/HB 476; Ga. L. 2010, p. 909, § 2/HB 974; Ga. L. 2020, p. 198, § 1/HB 245; Ga. L. 2020, p. 581, § 4/SB 249; Ga. L. 2024, p. 623, § 1/SB 328, effective July 1, 2024.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2020, “paragraph (2) of” was deleted following “determined under” in the third sentence of subsection (e.1).

## Editor's Notes

Ga. L. 2020, p. 581, § 5/SB 249, provides: “This Act shall become effective on July 1, 2020, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the ‘Public Retirement Systems Standards Law’; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2020, as required by subsection (a) of Code Section 47-20-50.” However, the Act was not signed by the Governor until August 3, 2020. The State Auditor’s determination letter on concurrent funding of fiscal retirement bills provided: “[I]t is unclear as to the effective date of this bill. Based on the information received by the Fund’s actuary, Senate Bill 249 met the provisions for concurrent funding had it become effective on July 1, 2020.” See the state auditor’s report at Ga. L. 2020, p. 380A.

## Amendments

The first 2020 amendment, effective July 1, 2020, in subsection (e), deleted former paragraph (e)(1), which read: “Under Option Two or Option Three, if the surviving spouse remarries, any benefits payable to the surviving spouse shall terminate as of the date of such remarriage.”, deleted the former paragraph (e)(2) designation, and substituted “subsection” for “paragraph” in the third sentence.

The second 2020 amendment, effective July 1, 2020, in subsection (b) added the paragraph designations; in paragraph (b)(1) substituted “$25.15 per month for each full year of creditable service; provided, however, on July 1, 2021, such amount shall increase to $30.00” for “$17.50” near the beginning of the second sentence, inserted “of membership service”, substituted “individuals” for “members” and “became” for “become” near the end of the second sentence; in paragraph (b)(4), inserted “of membership service” and substituted “individuals” for “members” and “became” for “become” near the beginning of the paragraph. See Editor’s notes for comment.

The 2024 amendment, effective July 1, 2024, rewrote this Code section.