---
title: Ga. Const. Art. III, Sec. X, Para. II. Increasing benefits authorized.
collection: code
id: ga-const:art-iii-sec-x-para-ii
cite_as: Ga. Const. Art. III, Sec. X, Para. II
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---

# Ga. Const. Art. III, Sec. X, Para. II. Increasing benefits authorized.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

Public funds may be expended for the purpose of increasing benefits being paid pursuant to any retirement or pension system wholly or partially supported from public funds.

## Editor's Notes

In light of the similarity of the provisions, opinions under former Ga. Const. 1976, Art. X, Sec. I, Para. V and antecedent provisions, relating to the ability of the General Assembly to provide for increased retirement benefits, are included in the annotations for this paragraph.

Increases in teacher’s retirement

## 1976 Constitution.

Art. X, Sec. I, Para. V.

## Benefits Arising From State Funds.

A constitutional amendment would be necessary to authorize an increase in retirement benefits, to be paid from state funds, to retired teachers in any local system funded through appropriations made by municipal corporations, counties, or any political subdivision. 1974 Op. Att’y Gen. No. 74-14.

A supplemental retirement plan for quire a substantial benefit to the employer, in the form of new service or otherwise, violates the prohibitions against governmental gratuities and extra compensation for services rendered. 1996 Op. Att’y Gen. No. U96-21.

Effect of §§ 47-3-120 and 47-3-124 and Ga. Const. 1976, Art. X, Sec. I, Para. V (see Ga. Const. 1983, Art. III,

## Public Employees Which Does Not re-Sec. X, Para. Ii).

Upon reading Ga. L. 1975, p. 357, §§ 2 and 3, Ga. L. 1975, p. 1328, § 1 and Ga. L. 1974, p. 1139, § 1 (see now O.C.G.A. §§ 47-3-120 and 47-3-124) within the context of the provisions concerning teacher retirement systems (see now O.C.G.A. Ch. 3, T. 47), and upon considering precipitant events leading to passage of the provisions, it became evident that the aforementioned Georgia laws (see now O.C.G.A. §§ 47-3-120 and 47-3-124) and Ga. Const. 1976, Art. X, Sec. I, Para. V (see Ga. Const. 1983, Art. III, Sec. X, Para. II) were designed to include theretofore excluded local fund retirees under the minimum Teachers Retirement System benefits statute. 1975 Op. Att’y Gen. No. 75-9.

Ga. L. 1975, p. 357, §§ 2 and 3, Ga. L. 1975, p. 1328, § 1 and Ga. L. 1974, p. 1139, § 1 (see now O.C.G.A. §§ 47-3-120 and 47-3-124) were accompanied by and conditioned upon ratification of Ga. Const. 1976, Art. X, Sec. I, Para. V (see Ga. Const. 1983, Art. III, Sec. X, Para. II), an amendment to the Georgia Constitution authorizing the General Assembly to provide by law Teachers Retirement System retirement benefits to teachers retiring with a local retirement fund. 1975 Op. Att’y Gen. No. 75-9.

A retired member of the Teachers ceive the $9.00 minimum retirement benefits whether the member is retired as a member of the TRS or is receiving minimum retirement benefits by virtue of the member’s teaching service under a local retirement fund. 1975 Op. Att’y Gen. No. 75-27.

## Retirement System Is Entitled to re-Application.

This paragraph should not be applied to persons who neither render services as public school employees nor made the required contributions to the Public School Employees’ Retirement System. 1971 Op. Att’y Gen. No. 71-73. (see Ga. Const. 1983, Art. III, Sec. X, Para. II).

## Alr.

Increase of pension benefits as applicable to those already receiving benefits, 118 ALR 992.