---
title: O.C.G.A. § 47-4-104. Benefits payable upon the death of a member; refunds to members whose employment has been terminated.
collection: code
id: 47-4-104
cite_as: O.C.G.A. § 47-4-104 (2025)
canonical_url: https://georgiacommons.org/code/47-4-104
md_url: https://georgiacommons.org/code/47-4-104.md
text_url: https://georgiacommons.org/code/47-4-104/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=373
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. § 47-4-104. Benefits payable upon the death of a member; refunds to members whose employment has been terminated.

(a) If a member dies prior to his normal retirement date, his beneficiary shall receive a lump sum refund of his accumulated contributions made under the retirement system to the member’s date of death, unless the member retired before his normal retirement date, in which event the refund of contributions shall be reduced by the amount of retirement benefits paid prior to the member’s death.

(b) If a member who has not elected an optional form of payment under Code Section 47-4-102, dies on or after his normal retirement date but prior to receiving benefits totaling his accumulated contributions to his retirement date, a death benefit shall be payable in a lump sum to the beneficiary of the member. The amount of such death benefit shall be the difference between total benefits actually paid to the member and his accumulated contributions.

(c) If a member who has elected an optional form of payment under Code Section 47-4-102 dies on or after his normal retirement date but prior to his actual retirement, a death benefit will be payable as provided for by the option elected, determined as if the member had retired on the day preceding the date of his death.

(d) If a member who has elected an optional form of payment under Code Section 47-4-102 dies subsequent to actual retirement, a death benefit shall be payable as provided for by the option elected.

(e) If the employment of a member is terminated either voluntarily or involuntarily at any time prior to his normal retirement date, he shall be entitled to a refund of his accumulated contributions to the date of his termination. Any such terminated member who withdraws his accumulated contributions and who is subsequently reemployed as a public school employee shall be entitled to reestablish the service credited to him at the time of his termination after he has been continuously reemployed for a minimum of two years. In order to reestablish such service, the reemployed member must pay to the board the amount withdrawn from the fund at the time of his previous termination, plus regular interest on such amount from the date of such withdrawal to the date such payment is made to the board.

(f) If a member at least 60 years of age and having at least ten years of creditable service dies before retirement, the member’s designated beneficiary shall receive for life the lesser retirement benefit which would be payable under Option A. As used in this subsection, the term ‘‘beneficiary’’ shall not include the estate of the member, notwithstanding the provisions of paragraph (3) of Code Section 47-4-2.

## History

Ga. L. 1969, p. 998, § 9; Ga. L. 1973, p. 1197, § 9; Ga. L. 1979, p. 884, § 2; Ga. L. 1981, p. 527, § 1; Ga. L. 1993, p. 86, § 1; Ga. L. 2000, p. 131, § 1.