---
title: O.C.G.A. § 47-23-103. Retirement based on age; application to retire.
collection: code
id: 47-23-103
cite_as: O.C.G.A. § 47-23-103 (2025)
canonical_url: https://georgiacommons.org/code/47-23-103
md_url: https://georgiacommons.org/code/47-23-103.md
text_url: https://georgiacommons.org/code/47-23-103/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=236
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/47-23.md
previous: https://georgiacommons.org/code/47-23-102.1.md
next: https://georgiacommons.org/code/47-23-104.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 / GEORGIA JUDICIAL RETIREMENT SYSTEM / SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS
---

# O.C.G.A. § 47-23-103. Retirement based on age; application to retire.

(a) In lieu of retirement at the benefit level provided by Code Section 47-23-102 or 47-23-102.1, a member may retire at any time after attaining the age of 60 years and after obtaining a minimum of ten years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of either the benefit under Code Section 47-23-102 if such member first became a member before July 1, 2025 or the benefit under subsection (c) of Code Section 47-23-102.1 if such member first became a member on or after July 1, 2025, and such percentage shall be the proportion which the number of years of creditable service the member has in the retirement system bears to 16.

(b) The effective date of retirement shall be the first day of the month in which the application is received by the board of trustees, provided that no retirement shall, in any case, be effective earlier than the first day of the month following the final month of the applicant’s employment. Applications for retirement shall not be accepted more than 90 days in advance of the effective date of retirement.

## History

Code 1981, § 47-23-103, enacted by Ga. L. 1998, p. 513, § 1; Ga. L. 2005, p. 535, § 37/HB 460; Ga. L. 2006, p. 1010, § 4/HB 1020; Ga. L. 2025, p. 646, § 4/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” twice in the second sentence of subsection (a).

## Amendments

The 2025 amendment, effective July 1, 2025, in subsection (a), inserted “or 47-23-102.1” in the first sentence, and in the second sentence, inserted “either” preceding “the benefit under”, and “if such member first became a member before the effective date of this Act or the benefit under subsection (c) of Code Section 47-23-102.1 if such member first became a member on or after the effective date of this Act”.