---
title: O.C.G.A. § 47-23-104. Disability; determination of benefits; determining disability.
collection: code
id: 47-23-104
cite_as: O.C.G.A. § 47-23-104 (2025)
canonical_url: https://georgiacommons.org/code/47-23-104
md_url: https://georgiacommons.org/code/47-23-104.md
text_url: https://georgiacommons.org/code/47-23-104/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=237
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
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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 / GEORGIA JUDICIAL RETIREMENT SYSTEM / SALARY, RETIREMENT, DEATH, AND DISABILITY BENEFITS
---

# O.C.G.A. § 47-23-104. Disability; determination of benefits; determining disability.

(a) After obtaining a minimum of four years of creditable service, any member who becomes totally and permanently disabled to the extent that he or she is unable to perform the duties of his or her office shall be entitled to receive a disability retirement benefit which shall be one-half of the maximum retirement benefits provided by Code Section 47-23-102 or 47-23-102.1 for 16 years of service, unless the member would otherwise qualify for a greater benefit under Code Section 47-23-102 if such member first became a member before July 1, 2025, Code Section 47-23-102.1 if such member first became a member on or after July 1, 2025, or Code Section 47-23-103, in which event the Code section providing the highest benefit would apply.

(b) After obtaining a minimum of ten years of actual service, any member who becomes totally and permanently disabled to the extent that he or she is unable to perform the duties of his or her office shall be entitled to receive a disability retirement benefit which shall be two-thirds of the maximum retirement benefits provided by Code Section 47-23-102 or 47-23-102.1.

(c) The disability of any member applying for disability retirement benefits shall be determined by the board in the same manner and under the same procedure as disability of state employees is determined in accordance with the applicable provisions of the Employees’ Retirement System of Georgia. Disability retirement benefits shall become effective on the first day of the month following the month the member resigns as a result of the disability.

## History

Code 1981, § 47-23-104, enacted by Ga. L. 1998, p. 513, § 1; Ga. L. 2025, p. 646, § 5/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 subsection (a).

## Amendments

The 2025 amendment, effective July 1, 2025, inserted “or 47-23-102.1” in subsections (a) and (b); and substituted “47-23-102 if such member first became a member on or after the effective date of this Act, or Code Section 47-23-103” for “47-23-102 or 47-23-103” in subsection (a).