---
title: O.C.G.A. § 47-2-122. Vesting of rights to a retirement allowance despite early retirement; retirement allowance payable to such persons.
collection: code
id: 47-2-122
cite_as: O.C.G.A. § 47-2-122 (2025)
canonical_url: https://georgiacommons.org/code/47-2-122
md_url: https://georgiacommons.org/code/47-2-122.md
text_url: https://georgiacommons.org/code/47-2-122/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t47-(v35)-2010-pdf.pdf?sfvrsn=7d4bbd90_0#page=122
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/47-2.md
previous: https://georgiacommons.org/code/47-2-121.md
next: https://georgiacommons.org/code/47-2-123.md
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 / EMPLOYEES’ RETIREMENT SYSTEM OF GEORGIA / RETIREMENT ALLOWANCES, DISABILITY BENEFITS, SPOUSES’ BENEFITS
---

# O.C.G.A. § 47-2-122. Vesting of rights to a retirement allowance despite early retirement; retirement allowance payable to such persons.

Except as provided in Article 2 of Chapter 1 of this title, a member’s accumulated contributions shall be 100 percent vested and nonforfeitable at all times. The right to a service retirement allowance under this chapter shall vest in any member who withdraws from service with at least ten years of membership service subsequent to January 1, 1954, although the member has not yet attained 60 years of age, provided that the member has not withdrawn the member’s contributions. Such member shall become entitled to a service retirement allowance (1) upon filing an application as provided in Code Section 47-2-110 and (2) upon attaining the age of 60 or, at the member’s option, at any time subsequent thereto after filing such application. The retirement allowance in the case of any such member shall be the monthly amount the member would have received had the member retired on the last day the member contributed to the retirement system and at that time had been the same age as when the member actually retired. If a member with vested rights dies before reaching age 60, the member’s accumulated contributions shall be paid to the member’s named living beneficiary, otherwise to the member’s estate.

## History

Ga. L. 1951, p. 394, § 8; Ga. L. 1963, p. 42, § 2; Ga. L. 1972, p. 360, § 4; Ga. L. 2009, p. 947, § 19/HB 202.

## Other Notes

The 2009 amendment, effective May 11, 2009, added the first sentence; and, throughout this Code section, substituted ‘‘the member’’ for ‘‘he’’ and substituted ‘‘the member’s’’ for ‘‘his’’.