Georgia Commons

Title 47. RETIREMENT AND PENSIONS

Chapter 2. EMPLOYEES’ RETIREMENT SYSTEM OF GEORGIA

152 sections · 47-2-1 to 47-2-360

Article 1. GENERAL PROVISIONS

  1. 47-2-1Definitions.
  2. 47-2-2Involuntary separation from employment; grounds and procedures for discharge of employees.
  3. 47-2-3Employee’s right to judicial review following discharge from employment.

Article 2. CREATION, ADMINISTRATION, AND MANAGEMENT OF THE ASSETS OF THE RETIREMENT SYSTEM

  1. 47-2-20Creation of retirement system; purpose, management, corporate powers and privileges, and certain rights in actions at law of retirement system; name under which retirement system to transact business.
  2. 47-2-21Power and duty of board of trustees to administer and operate retirement system; membership of board; vacancies; expenses; oath; quorum.
  3. 47-2-22Election of chairperson and director; actuarial services; application of state system of personnel administration; payment of costs of personnel administration.
  4. 47-2-23Treasurer of the board of trustees; manner of payment of funds of the retirement system; surety bond for the treasurer.
  5. 47-2-24Designation of medical board; duties.
  6. 47-2-25Legal adviser of the board of trustees.
  7. 47-2-26Designation of an actuary; duties of actuary; annual valuation of contingent assets and liabilities of the retirement system.
  8. 47-2-27Duty of board of trustees to keep data necessary for actuarial valuations; duty to keep records of proceedings; annual report.
  9. 47-2-28Simplified tables for estimation of retirement allowances; effect on existing rights and benefits; formula for calculating service retirement allowances.
  10. 47-2-29Postretirement benefit adjustments.
  11. 47-2-30Deposits of cash available for disbursements for benefits and other payments.
  12. 47-2-31Investment powers; power to employ agents as investment advisers and to make investments.
  13. 47-2-32Personal interest in gains or profits from investments made by the board of trustees; unauthorized use of assets of the retirement system.
  14. 47-2-33Plan year designated.

Article 3. EMPLOYEE AND EMPLOYER CONTRIBUTIONS AND CREATION OF FUNDS FOR CONTRIBUTIONS, BENEFITS, AND ADMINISTRATIVE EXPENSES

  1. 47-2-50Funds in which assets of the retirement system to be held.
  2. 47-2-51Annuity savings fund and employee contributions; deductions; effect of default with respect to employer contributions; payments, withdrawal, or transfer of funds.
  3. 47-2-51.1Supplemental Guaranteed Lifetime Income annuities.
  4. 47-2-52Employer’s duty to deduct and report employee contributions; duty of chief fiscal officer to remit employee contributions; effect of failure to comply.
  5. 47-2-53Effect of failure of any employee, employer, or reporting official to make contributions or to make reports with respect to employment and membership.
  6. 47-2-54Payment of state employee contributions on behalf of employees; inclusion of contributions in compensation for determining benefits; adjustment in compensation of state employees; ‘‘pick-up’’ contributions.
  7. 47-2-55Pension accumulation fund; purposes; employer contributions; crediting of interest and dividends earned on funds of the retirement system.
  8. 47-2-56Maintenance of annuity and pension reserves and payment of benefits under this chapter as obligations of the pension accumulation fund; permissible uses of assets of the fund.
  9. 47-2-57Certification of normal cost and unfunded accrued liability contribution rates to employers; provision in employer’s budget for employer contributions.
  10. 47-2-58Commencement date for contributions to retirement system.Repealed
  11. 47-2-59Effective date of chapter; effect of budget appropriations on obligation of state agency or other employer to make contributions.
  12. 47-2-60Expense fund; purposes.

Article 4. MEMBERSHIP IN THE RETIREMENT SYSTEM

  1. 47-2-70Determination of membership; termination of membership.
  2. 47-2-70.1Employees of new state agencies.
  3. 47-2-71Membership in Employees’ Social Security Coverage Group.
  4. 47-2-72Procedure for electing not to become a member.
  5. 47-2-73Election of retirement system by members of Georgia Judicial Retirement System; effect of subsequent legislation.

Article 5. SERVICE CREDITABLE TOWARD RETIREMENT BENEFITS

  1. 47-2-90Rules and regulations with regard to credit for service; credit for service in the Georgia National Guard, Georgia State Guard, and General Assembly.
  2. 47-2-91Credit for accumulations of forfeited annual and sick leave.
  3. 47-2-92Reestablishment of service credit after withdrawal of accumulated contributions from this retirement system or the Teachers Retirement System of Georgia; payments required to obtain credit.
  4. 47-2-93Credit for service rendered after December 31, 1953, by persons who were not members at the time; payments required to obtain credit.
  5. 47-2-94Service credit provided for persons whose membership was terminated for failure to render at least one year of service in a five-year period.
  6. 47-2-95Credit for service during World War I, World War II, or the Korean Conflict; credit for service in the Georgia National Guard or the Georgia State Guard.Repealed
  7. 47-2-96Prior service credit; payments required to obtain credit.
  8. 47-2-96.1Creditable service for temporary full-time employment by legislative branch.Repealed
  9. 47-2-96.2Creditable service for uncredited full-time service with executive branch.Repealed
  10. 47-2-97Applicability of creditable service under Code Section 47-2-93 or subsection (b) of Code Section 47-2-96 toward involuntary separation benefits; requirement as to full-time employment for credit.Repealed
  11. 47-2-98Creditable service for member who was officer or employee of Georgia Housing and Finance Authority.
  12. 47-2-99Applicability of creditable service under Code Section 47-2-334 and Chapter 22 of this title; obtaining service and application for creditable service.
  13. 47-2-100Additional creditable service.
  14. 47-2-101Creditable service for prior service as member of Georgia Defined Contribution Plan.

Article 6. RETIREMENT AND ELIGIBILITY FOR A RETIREMENT ALLOWANCE

  1. 47-2-110Retirement ages; application and eligibility for a retirement allowance.
  2. 47-2-111Persons eligible to retire at age 55.
  3. 47-2-112Reemployment of retired members; required contributions from employers; suspension of retirement allowance.

Article 7. RETIREMENT ALLOWANCES, DISABILITY BENEFITS, SPOUSES’ BENEFITS

  1. 47-2-120Retirement allowances.
  2. 47-2-121Optional retirement allowances.
  3. 47-2-122Vesting of rights to a retirement allowance despite early retirement; retirement allowance payable to such persons.
  4. 47-2-123Allowance payable upon death, disability, or involuntary separation from employment; restrictions on separation for disability; restrictions on entitlement to involuntary separation benefits.
  5. 47-2-123.1Procedures to secure continued employment of employees subject to discretionary termination.Repealed
  6. 47-2-124Eligibility for benefits of persons with at least 95 percent of required service credit.
  7. 47-2-125Reexamination of persons receiving disability benefits; effect of refusal to undergo examination; effect of ability to engage in gainful employment.
  8. 47-2-126Restoration to service of disability beneficiary.
  9. 47-2-127Applicable ages for computation of benefits; duration of benefits.
  10. 47-2-128Survivors benefit coverage; fund; contributions.
  11. 47-2-129Group term life insurance protection as part of survivors benefits program.
  12. 47-2-130Refund of accumulated contributions upon termination of employment other than by death or retirement.

Article 8. PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES · Part 1. Persons Employed by the Armed Forces of the United States and Other Federal Agencies

  1. 47-2-140Credit for transfer to a federal agency during a national emergency; retransfer to employment under retirement system; termination of federal employment.
  2. 47-2-141Employer contributions for transfer to federal agency; accumulated pension credits; effect of failure to return to state employment.
  3. 47-2-142Credit for prior service rendered by persons transferred under loan to a federal agency but ineligible for federal service retirement membership or who served overseas with the Red Cross during World War II.Repealed

Article 8. PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES · Part 2. Members and Employees of the General Assembly

  1. 47-2-160Inclusion of General Assembly members in retirement system; effect on rights under the Georgia Legislative Retirement System; rules and regulations; amount and financing of contributions.Repealed
  2. 47-2-161Membership service credit for service as a member of the General Assembly between January 1, 1954, and January 1, 1967.Repealed
  3. 47-2-162Eligibility of persons who are members of the General Assembly during or after January, 1962, for survivors benefits; contributions for such coverage; right to decline coverage.
  4. 47-2-163Group term life insurance for members and former members of General Assembly; contributions.
  5. 47-2-164Membership of employees of the General Assembly; contributions.
  6. 47-2-165Effect on retirement allowances of compensation, per diem, allowances, and expenses received as a member of the General Assembly.
  7. 47-2-166 to 47-2-168(no catchline printed)Repealed

Article 8. PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES · Part 3. Teachers and Members of the Teachers Retirement System of Georgia

  1. 47-2-180Right to a prior service certificate for service as a teacher in the public schools of Georgia; contents of application for a certificate.Repealed
  2. 47-2-181Transfer of service credits and accumulated contributions from the Teachers Retirement System of Georgia to this retirement system; transfer of funds.
  3. 47-2-182Credit for service to certain members of local retirement systems.
  4. 47-2-190Transfer to Employees’ Retirement System of Georgia prohibited.

Article 8. PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES · Part 4. Employees of Certain State Departments

  1. 47-2-200Membership of heads of state departments or agencies who are constitutional officers; contributions; service credits; retirement allowances; survivors benefits.Repealed
  2. 47-2-201Director status inhibiting eligibility for corresponding emeritus positions.Repealed
  3. 47-2-202Eligibility for membership of officials and employees of the Department of Audits and Accounts; contributions.
  4. 47-2-203Membership of certain employees of the Administrative Office of the Courts of the Judicial Council of Georgia and the Council of Juvenile Court Judges; contributions.
  5. 47-2-204Members subject to provisions of Code Section 47-2-203 may receive credit for prior service.

Article 8. PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES · Part 5. Certain Law Enforcement Personnel

  1. 47-2-220Membership in retirement system of employees of the Department of Corrections; contributions; creditable service; eligibility for survivors benefits.
  2. 47-2-221Disability allowances payable to personnel for certain disabilities arising in the line of duty.
  3. 47-2-222Power to increase liability contribution rates for certain departments or agencies; transfer of employees.
  4. 47-2-223Retirement benefits for those in service in Uniform Division of the Department of Public Safety.
  5. 47-2-224Mandatory retirement age and monthly retirement benefits for certain members of the Department of Natural Resources and of the Department of Revenue; waiver of mandatory retirement age.Repealed
  6. 47-2-225Creditable service for members with prior service as narcotics agents; membership in retirement system of members who were employed as narcotics agents.
  7. 47-2-226Certain law enforcement officers permitted to obtain creditable service in retirement system under certain conditions; “law enforcement officer” defined; payment of full actuarial value to applicant.

Article 8. PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES · Part 6. Justices of the Supreme Court, Judges of the Court of Appeals, and Their Employees

  1. 47-2-240Membership in retirement system of Justices of Supreme Court; appointment to Justice Emeritus of Supreme Court; contributions; creditable service; survivors benefits.
  2. 47-2-241Membership in retirement system of Judges of Court of Appeals; appointment to Judge Emeritus of Court of Appeals; contributions; creditable service; survivors benefits.
  3. 47-2-242Merit system of personnel administration for officers and employees of the Supreme Court; membership in retirement system; contributions.
  4. 47-2-243Merit system of personnel administration for officers and employees of the Court of Appeals; membership in retirement system; contributions.
  5. 47-2-244Optional benefits available to appellate court judges; notice of election of benefits; eligibility for benefits; disability benefits; survivors benefits.
  6. 47-2-245Creditable service for secretaries of appellate court judges, superior court judges and district attorneys for certain prior services.

Article 8. PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES · Part 7. Superior Court Judges, District Attorneys, Assistant District Attorneys, Employees of the Prosecuting Attorneys’ Council

  1. 47-2-260Continuation of membership, rights, and benefits of judges of superior courts and district attorneys; notice of election to continue membership; contributions.
  2. 47-2-261Transfer of credits and funds from the District Attorneys Retirement Fund of Georgia upon employment by an agency subject to the Employees’ Retirement System of Georgia.Repealed
  3. 47-2-262Membership in retirement system of assistant district attorneys and employees of the Prosecuting Attorneys’ Council; notice of election to become a member; contributions.
  4. 47-2-263Credit for certain past service as an assistant district attorney or employee of the Prosecuting Attorneys’ Council; payment of employee contributions; credit for service as full-time law assistant.
  5. 47-2-264Membership in retirement system of secretaries employed by judges of superior courts and district attorneys; creditable service; contributions.
  6. 47-2-264.1Membership in retirement system of employees paid by the office of the district attorney; contributions; creditable service.
  7. 47-2-265Membership in retirement system of district attorney investigators.
  8. 47-2-266Membership of judicial employees; contributions.
  9. 47-2-267Membership of employees of district attorneys; contributions.

Article 8. PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES · Part 8. Employees of the Peace Officers’ Annuity and Benefit Fund

  1. 47-2-280Credit for previous service as an employee of the Peace Officers’ Annuity and Benefit Fund; contributions.

Article 8. PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES · Part 9. JUDGES AND OTHER COURT EMPLOYEES; CERTAIN COUNTY EMPLOYEES

  1. 47-2-290Judges, solicitors, and other employees of state courts subject to merit system; membership in retirement system; contributions; exemptions.
  2. 47-2-291Prior service as a judge or solicitor of a court of record.
  3. 47-2-292Merit system of personnel administration for county revenue employees; membership in retirement system; contributions; credit for prior service.
  4. 47-2-292.1Tax commissioners, tax collectors, and tax receivers and all employees in their offices employed on or after July 1, 2012, ineligible for membership in the Employees’ Retirement System of Georgia by operation of law.
  5. 47-2-293Effect of failure of state court to provide means by which its officials or employees can become members of the retirement system.
  6. 47-2-294Limitation on benefits available to persons who transferred to this retirement system or who became members under Code Section 47-2-290 or 47-2-292.
  7. 47-2-295Transfer from county retirement system of contributions made as juvenile detention facility employee; credit for past service; payment of contributions; eligibility.
  8. 47-2-295.1Probation and intake officers of Department of Juvenile Justice.
  9. 47-2-295.2County juvenile detention employees who are transferred into department.
  10. 47-2-296County probation system employees.
  11. 47-2-297Employees of county boards or departments of health in counties having population of 550,000 or more.
  12. 47-2-298Employees of county departments of family and children services.
  13. 47-2-299Creditable service for service as employee of private nonprofit hospital.Repealed

Article 8. PROVISIONS APPLICABLE TO PARTICULAR GROUPS OF EMPLOYEES · Part 10. Employees of Certain State Authorities and Commissions

  1. 47-2-310Merit system of personnel administration for employees of Georgia Federal-State Shipping Point Inspection Service; membership in retirement system; contributions; creditable service.
  2. 47-2-311Credit for service by persons formerly employed by the Georgia Warm Springs Foundation; payments required in order to obtain credit.Repealed
  3. 47-2-312Merit system of personnel administration for employees of Georgia agricultural commodity commissions; membership in the retirement system; contributions; creditable service for prior employment.
  4. 47-2-313Merit system of personnel administration for officers and employees of Jekyll Island—State Park Authority; membership in retirement system; creditable service; contributions.
  5. 47-2-314Membership in the retirement system of officers and employees of the Geo. L. Smith II Georgia World Congress Center Authority; creditable service; contributions.
  6. 47-2-315Merit system of personnel administration for officers and employees of the Georgia Building Authority; membership in the retirement system; contributions.
  7. 47-2-316Membership in the retirement system of officers or employees of Georgia Agricultural Exposition Authority.
  8. 47-2-317Membership in the retirement system of officers and employees of the Georgia Agrirama Development Authority.Reserved
  9. 47-2-318Membership in the retirement system of officers and employees of the Georgia Environmental Finance Authority; creditable service; contributions.
  10. 47-2-319Membership in the retirement system of officers and employees of the Georgia Hazardous Waste Management Authority; contributions.Repealed
  11. 47-2-320Membership in retirement system of officers and employees of GeorgiaNet Authority; creditable service; contributions.
  12. 47-2-321Membership in the retirement system of officers and employees of the Lake Lanier Islands Development Authority; creditable service; contributions.
  13. 47-2-322Membership in retirement system of officers and employees of Georgia Music Hall of Fame Authority; creditable service; contributions.
  14. 47-2-323Membership in retirement system of employees of Georgia Public Defender Council; creditable service; contributions.
  15. 47-2-324Membership in retirement system of officers and employees of the North Georgia Mountains Authority; creditable service; contributions.
  16. 47-2-325Membership in retirement system of prior employees of the Foundation for Public Broadcasting in Georgia, Inc.Repealed
  17. 47-2-326Georgia Rail Passenger Authority retirement system; membership; contributions.
  18. 47-2-327Employees of the State Road and Tollway Authority to become members of the retirement system; status; employer and employee contributions.

Article 9. MISCELLANEOUS PROVISIONS

  1. 47-2-330Application of other state funded pension or retirement programs to members or beneficiaries, their surviving spouses, or dependents.
  2. 47-2-331Reporting of employee contributions for federal and state income tax purposes.
  3. 47-2-332Exemption of rights and benefits from taxes, legal process, and assignment of retirement system property as public property; exemptions for retirement system property.
  4. 47-2-333Attempts to defraud the retirement system by false statements or falsified records; adjustments of erroneous payments.
  5. 47-2-334Service retirement allowance; calculation; employee membership contributions; employer contributions; optional membership; conditions; construction of provision.

Article 10. GEORGIA STATE EMPLOYEES’ PENSION AND SAVINGS PLAN

  1. 47-2-350Short title.
  2. 47-2-351‘‘Member’’ defined; membership optional; calculation.
  3. 47-2-352Employee and employer contributions.
  4. 47-2-353Service retirement allowance.
  5. 47-2-354Conditions; rights, privileges, obligations, and duties.
  6. 47-2-355Disability retirement; periodic medical examination and review.
  7. 47-2-356Death allowances and benefits.
  8. 47-2-357Withdrawal; employer contributions; vesting; date of election.
  9. 47-2-358Impact on members of Employees’ Retirement System of Georgia on December 31, 2008.
  10. 47-2-359Conflicting provisions.
  11. 47-2-360Administration.