(e.1) When a retired member has elected Option Two or Option Three, then in the event the spouse predeceases the retired member, the monthly retirement benefit payable to the retired member after the death of the spouse shall be increased to the monthly retirement benefit which the retired member would have been entitled to receive under Option One. In the event any such retired member remarries or has remarried after the death of the former spouse, the retired member may elect to begin receiving the applicable reduced retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the deceased former spouse, but such option on behalf of the new spouse may not be reestablished until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier. Actuarial equivalence under this subsection shall be determined in the same manner that it is determined under subsection (e) of this Code section. This subsection applies to retired members who retired at any time prior to July 1, 1990, as well as to those who retire on or after that date, but increases in monthly retirement benefits authorized by this subsection shall not be paid retroactively for any period of time prior to July 1, 1990, notwithstanding the fact that a spouse covered under Option Two or Option Three may have died prior to July 1, 1990.
History. Ga. L. 1950, p. 50, § 11; Ga. L. 1952, p. 81, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 574, § 3; Ga. L. 1953, Nov.-Dec. Sess., p. 488, § 1; Ga. L. 1956, p. 280, § 10; Ga. L. 1958, p. 341, § 6; Ga. L. 1962, p. 39, § 5; Ga. L. 1965, p. 593, § 3; Ga. L. 1969, p. 74, § 3; Ga. L. 1971, p. 12, § 1; Ga. L. 1973, p. 57, § 1; Ga. L. 1973, p. 63, §§ 3, 4; Ga. L. 1974, p. 1204, § 1; Ga. L. 1975, p. 578, §§ 2, 3; Ga. L. 1979, p. 430, §§ 2, 3; Ga. L. 1981, p. 454, §§ 1-3; Ga. L. 1986, p. 609, § 1; Ga. L. 1988, p. 633, §§ 1-3; Ga. L. 1988, p. 999, § 1; Ga. L. 1990, p. 346, §§ 1, 2; Ga. L. 1990, p. 482, § 1; Ga. L. 1994, p. 320, § 4; Ga. L. 1995, p. 27, § 1; Ga. L. 1996, p. 304, § 1; Ga. L. 2000, p. 1241, § 1; Ga. L. 2002, p. 666, § 1; Ga. L. 2007, p. 163, § 1/HB 106; Ga. L. 2009, p. 322, § 7/HB 476; Ga. L. 2010, p. 909, § 2/HB 974; Ga. L. 2020, p. 198, § 1/HB 245; Ga. L. 2020, p. 581, § 4/SB 249.
The 2009 amendment, effective July 1, 2009, added the proviso at the end of paragraph (g)(3).
The 2010 amendment, effective July 1, 2010, inserted “, or 15 years for members who become members on or after July 1, 2010,” in the second and last sentences of subsection (b) and in subsection (i); and inserted “or 15 years for members who become members on or after July 1, 2010,” in the first sentence of subsection (f).
The 2020 amendments.
The first 2020 amendment, effective July 1, 2020, in subsection (e), deleted former paragraph (e)(1), which read: “Under Option Two or Option Three, if the surviving spouse remarries, any benefits payable to the surviving spouse shall terminate as of the date of such remarriage.”, deleted the former paragraph (e)(2) designation, and substituted “subsection” for “paragraph” in the third sentence. The second 2020 amendment, effective July 1, 2020, in subsection (b) added the paragraph designations; in paragraph (b)(1) substituted “$25.15 per month for each full year of creditable service; provided, however, on July 1, 2021, such amount shall increase to $30.00” for “$17.50” near the beginning of the second sentence, inserted “of membership service”, substituted “individuals” for “members” and “became” for “become” near the end of the second sentence; in paragraph (b)(4), inserted “of membership service” and substituted “individuals” for “members” and “became” for “become” near the beginning of the paragraph. See Editor’s notes for comment.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2020, “paragraph (2) of” was deleted following “determined under” in the third sentence of subsection (e.1).
Editor’s notes.
Ga. L. 2020, p. 581, § 5/SB 249, provides: “This Act shall become effective on July 1, 2020, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the ‘Public Retirement Systems Standards Law’; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2020, as required by subsection (a) of Code Section 47-20-50.” However, the Act was not signed by the Governor until August 3, 2020. The State Auditor’s determination letter on concurrent funding of fiscal retirement bills provided: “[I]t is unclear as to the effective date of this bill. Based on the information received by the Fund’s actuary, Senate Bill 249 met the provisions for concurrent funding had it become effective on July 1, 2020.” See the state auditor’s report at Ga. L. 2020, p. 380A.