---
title: O.C.G.A. § 47-4-101. Retirement benefits payable upon normal, early, or delayed retirement.
collection: code
id: 47-4-101
cite_as: O.C.G.A. § 47-4-101 (2025)
canonical_url: https://georgiacommons.org/code/47-4-101
md_url: https://georgiacommons.org/code/47-4-101.md
text_url: https://georgiacommons.org/code/47-4-101/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=94
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 / PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM / RETIREMENT, RETIREMENT ALLOWANCES, AND DISABILITY BENEFITS
---

# O.C.G.A. § 47-4-101. Retirement benefits payable upon normal, early, or delayed retirement.

(a) Any member may retire and upon application to the board receive the retirement benefits set forth in this Code section after obtaining a minimum of ten years of creditable service. The effective date of retirement shall be the first of the month in which the application is received by the board, provided that no retirement application will, in any case, be effective earlier than the first of the month following the final month of the applicant’s employment. If a member retires before obtaining ten years of creditable service, he or she shall receive a lump sum refund of his or her accumulated contributions made under the retirement system to the date of his or her retirement.

(b)(1)(A) Upon retirement on the normal retirement date, a member shall receive a monthly retirement benefit, payment of which shall commence on the effective date of retirement and which shall be payable on the first day of each month thereafter during the member’s lifetime. The minimum amount of each monthly retirement payment shall be $17.00 multiplied by the number of the member’s years of creditable service.

(B) The retirement benefit provided under this subsection shall be payable to those members who have already retired under this chapter as well as those members who retire in the future.

(C) If the General Assembly at any time appropriates funds expressly intended to fund a permanent or one-time increase to the benefit amount payable under this paragraph, the board shall make a determination of the amount that such benefit amount may be increased based upon the funds actually appropriated by the General Assembly for such purpose, but in no event shall the retirement benefit be less than $17.00 multiplied by the member’s years of creditable service.

(2) Subject to the terms and limitations of this subsection, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the retirement allowance paid pursuant to paragraph (1) of this subsection. Such method shall be based upon:

(A) The recommendation of the actuary of the board of trustees;

(B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and

(C) Such other factors as the board deems relevant.

(c) Upon retirement on his delayed retirement date, a member shall receive a monthly retirement benefit, payment of which shall commence on his delayed effective date of retirement and which shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement benefit shall be computed in the same manner as for a normal retirement benefit and shall be based on the number of years of creditable service as of the member’s delayed retirement date.

(d) Any member who exercises his right to retire at an early retirement date pursuant to subsections (c) through (e) of Code Section 47-4-100 shall receive a monthly retirement benefit which shall begin on the early effective date of retirement. Such benefit shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly retirement benefit shall be computed in the same manner as for a normal retirement benefit and shall be based on the number of years of creditable service as of the member’s early retirement date, provided that such benefit shall be actuarially reduced at the rate of one-half of 1 percent for each full month that such member is under 65 years of age.

## History

Ga. L. 1969, p. 998, § 7; Ga. L. 1971, p. 917, § 2; Ga. L. 1973, p. 1197, §§ 4-6; Ga. L. 1977, p. 597, § 1; Ga. L. 1980, p. 1787, § 1; Ga. L. 1982, p. 3, § 47; Ga. L. 1983, p. 1859, § 5; Ga. L. 1988, p. 880, § 1; Ga. L. 1992, p. 1154, § 1; Ga. L. 1998, p. 151, § 1; Ga. L. 2002, p. 1131, § 1; Ga. L. 2003, p. 409, § 1; Ga. L. 2006, p. 1010, § 2/HB 1020; Ga. L. 2012, p. 1284, § 2/SB 246; Ga. L. 2024, p. 918, § 1/SB 105, effective July 1, 2024.

## Amendments

The 2012 amendment, effective July 1, 2012, in paragraph (b)(1), in the second sentence, substituted “$16.50” for “$15.00”, added “; provided, however, that no benefit increase above $15.00 per month shall be applied to the benefit of persons who were retired on the effective date of this Act” to the end of the third sentence, and substituted “$14.75” for “$12.00” in the last sentence.

The 2024 amendment, effective July 1, 2024, designated the existing provisions of paragraph (b)(1) as subparagraphs (b)(1)(A) through (b)(1)(C); in the second sentence in subparagraph (b)(1)(A), inserted “minimum” near the beginning, and substituted “$17.00” for “$16.50”; deleted the proviso from the end of subparagraph (b)(1)(B); in subparagraph (b)(1)(C), substituted “a permanent or one-time increase to the benefit amount payable under this paragraph, the board shall make a determination of the amount that such benefit amount may be increased based upon” for “the benefits provided in this subsection and such amount so appropriated is not sufficient to fund the maximum amount allowable, then the retirement benefit otherwise payable under this subsection shall be reduced pro rata by the board in accordance with” and substituted “$17.00” for $14.75”; and, in the first sentence of paragraph (b)(2), substituted “pursuant to” for “up to the maximum benefit provided in”.