---
title: O.C.G.A. § 47-23-102.1. Qualifications to receive retirement benefits.
collection: code
id: 47-23-102.1
cite_as: O.C.G.A. § 47-23-102.1 (2025)
canonical_url: https://georgiacommons.org/code/47-23-102.1
md_url: https://georgiacommons.org/code/47-23-102.1.md
text_url: https://georgiacommons.org/code/47-23-102.1/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=235
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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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 / GEORGIA JUDICIAL RETIREMENT SYSTEM / SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS
---

# O.C.G.A. § 47-23-102.1. Qualifications to receive retirement benefits.

(a) This Code section shall only apply to an individual who first becomes a member on or after July 1, 2025.

(b) The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service; provided, however, that no member shall receive a retirement benefit prior to attaining the age of 60 years. Except as otherwise 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. Any member retiring with 16 years or more of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each year of creditable service over 16 years, of the member’s salary; provided, however, that no member shall receive more than 24 years of creditable service. Any member retiring with less than 16 years of creditable service may retire at a reduced benefit pursuant to Code Section 47-23-103. Except as provided in subsection (c) of this Code section, normal retirement age under this retirement system shall be the date the member has reached 60 years of age, provided that he or she has at least ten years of creditable service. For purposes of Section 402(1) of the federal Internal Revenue Code regarding distributions from governmental plans for health and long-term care insurance for public safety officers, normal retirement age shall be the earliest date when the member has satisfied the requirements for a retirement under this retirement system.

(c) On the effective date of a member’s retirement, as provided for in subsection (b) of Code Section 47-23-103, such member’s monthly retirement benefit shall be calculated as follows:

(1) If a member is over the age of 65 years on his or her effective date of retirement, or has attained the age of 65 years after his or her effective date of retirement, such member shall receive the full amount of the benefit calculated pursuant to subsection (b) of this Code section; or

(2) If a member has not yet attained the age of 65 years on his or her effective date of retirement, the monthly retirement benefit shall be calculated pursuant to subsection (b) of this Code section using only the years of creditable service attributable to such member’s service in any covered position except for as a superior court judge.

(d) The board is authorized to provide by rule or regulation for the payment of benefits to members or beneficiaries of the retirement system at a time and under circumstances not provided for in this chapter to the extent that such payment is required to maintain the retirement system as a qualified retirement plan for the purposes of federal income tax laws and regulations.

## History

Code 1981, § 47-23-102.1, enacted by Ga. L. 2025, p. 646, § 3/HB 406, effective July 1, 2025.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2025, “July 1, 2025” was substituted for “the effective date of this Act” at the end of subsection (a).

## Effective Date

This Code section became effective July 1, 2025.