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Upon separation from service for greater than 31 days, the portion of such matching contribution subaccount not so vested shall be transferred from the member’s account into a temporary plan forfeiture accumulation account for future disposition as determined by the board of trustees. A break in service less than 32 days shall not affect vesting rights.
Years of Service Employer NonforfeitableVested Percentage 1 20 2 40 3 60 4 80 5 100
History. Code 1981, § 47-2-357 , enacted by Ga. L. 2008, p. 1005, § 1/SB 328; Ga. L. 2014, p. 841, § 1/HB 764; Ga. L. 2022, p. 392, § 2/SB 343.
The 2014 amendment, effective July 1, 2014, in subsection (b), deleted “Members shall be entitled to an employer contribution as follows:” at the end of the introductory paragraph, and deleted former paragraphs (b)(1) through (b)(3); added subsections (c) and (d); redesignated former paragraph (b)(4) as present subsection (e); redesignated former subsections (c) and (d) as present subsections (f) and (g); and substituted “subsection (f)” for “subsection (c)” in two places in subsection (g).
The 2022 amendment, effective July 1, 2022, rewrote subsection (d), which read: “After the participating member has contributed an amount equal to 1 percent of his or her salary into the 401(k) plan for a pay period, the employer shall contribute an equal amount into his or her 401(k) account. Thereafter, the employer shall contribute an amount equal to 50 percent of such amount as the member chooses to contribute for each pay period, up to an additional 2 percent of the member’s compensation. The member may make such additional contributions as he or she desires, subject to limitations imposed by federal law.”.
Structure Georgia Code
Title 47 - Retirement and Pensions
Chapter 2 - Employees’ Retirement System of Georgia
Article 10 - Georgia State Employees’ Pension and Savings Plan
§ 47-2-351. “Member” Defined; Membership Optional; Calculation
§ 47-2-352. Employee and Employer Contributions
§ 47-2-353. Service Retirement Allowance
§ 47-2-354. Conditions; Rights, Privileges, Obligations, and Duties
§ 47-2-355. Disability Retirement; Periodic Medical Examination and Review
§ 47-2-356. Death Allowances and Benefits
§ 47-2-357. Withdrawal; Employer Contributions; Vesting; Date of Election
§ 47-2-358. Impact on Members of Employees’ Retirement System of Georgia on December 31, 2008