(a.1) Notwithstanding any other provision of this Code section, no person who first or again takes office or becomes employed on or after July 1, 2012, shall become a member of the retirement system pursuant to the provisions of this Code section. Any person serving in any such position on July 1, 2012, who continues in service without a break in service shall remain a member of this retirement system. The reelection of any such officer or the election of any eligible employee to such office shall not constitute a break in service.
History. Ga. L. 1958, p. 637, § 1; Ga. L. 1963, p. 41, § 1; Ga. L. 1969, p. 1013, § 1; Ga. L. 1973, p. 880, § 1; Ga. L. 1983, p. 655, § 1; Ga. L. 1990, p. 527, § 1; Ga. L. 2010, p. 1207, § 32/SB 436; Ga. L. 2012, p. 1051, § 2/SB 286.
The 2010 amendment, effective July 1, 2010, deleted former subsection (b), which read: “All individuals who served as such officials and employees on or after December 1, 1956, are eligible to become members of Division A of the retirement system. Any individual who becomes such an official or employee after August 1, 1958, shall become a member of Division A of the retirement system as a condition of his employment.”; redesignated former subsections (c) and (d) as present subsections (b) and (c), respectively; inserted “or she” in the first sentence of present subsection (b); deleted former subsection (e), which read: “All tax commissioners, tax collectors, tax receivers, and the employees in their offices who were in service on or after December 1, 1956, shall be entitled to all prior service credits authorized under this chapter in the same manner as if they had been members of the retirement system on such date, provided that prior service credits shall be available only to persons who become members at the time coverage was originally extended to them. No prior service credit shall be available to a person who became such an official or employee after August 1, 1958. The value of the prior service credits under this Code section shall not be in excess of the value of 25 years of prior service.”; redesignated former subsections (f) through (h) as present subsections (d) through (f), respectively; substituted “subsection (f)” for “subsection (h)” twice in present subsections (d) and (e); and, in the last sentence of present subsection (f), substituted “subsections (a), (b), and (c)” for “subsections (a), (c), and (d)” and substituted “subsections (d) and (e)” for “subsections (f) and (g)” near the end.
The 2012 amendment, effective July 1, 2012, added subsection (a.1).
Cross references.
Creditable service not allowed for military service from which discharge was other than honorable, § 47-1-11 .
Editor’s notes.
Ga. L. 1990, p. 527, § 3, not codified by the General Assembly, provides: “Any creditable service obtained prior to the effective date of this Act under the Employees’ Retirement System of Georgia and under a local retirement or pension system by any person who is subject to the provisions of Code Section 47-2-292 of the Official Code of Georgia Annotated shall not be rescinded or forfeited as a result of the provisions of said Code Section 47-2-292 as it existed prior to the effective date of this Act [July 1, 1990], and such creditable service is ratified and confirmed.”
Ga. L. 2010, p. 1207, § 1, not codified by the General Assembly, provides that: “The intent of this Act is to repeal obsolete and inoperative provisions and to make certain stylistic corrections in Title 47 of the Official Code of Georgia Annotated. Nothing in this Act shall deny, abridge, increase, renew, revive, or on any way affect any right, benefit, option, credit, or election to which any person was entitled pursuant to such title on June 30, 2010, and the board of trustees of each public retirement system is authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this Act; provided, however, that any such right, benefit, option, credit, or election shall be subject to the statutory provisions in effect on June 30, 2010.
Structure Georgia Code
Title 47 - Retirement and Pensions
Chapter 2 - Employees’ Retirement System of Georgia
Article 8 - Provisions Applicable to Particular Groups of Employees
Part 9 - Judges and Other Court Employees; Certain County Employees
§ 47-2-291. Prior Service as a Judge or Solicitor of a Court of Record
§ 47-2-295.1. Probation and Intake Officers of Department of Juvenile Justice
§ 47-2-295.2. County Juvenile Detention Employees Who Are Transferred Into Department
§ 47-2-296. County Probation System Employees
§ 47-2-298. Employees of County Departments of Family and Children Services