Georgia Code
Article 3 - Membership in the Retirement System
§ 47-6-40. Qualifications for Membership; Irrevocable Election for Certain Members of General Assembly; Membership of Persons Who Cease to Become Members Before Age 60; Termination of Membership; Application for Additional Creditable Service

provided, however, that no creditable service shall be granted or obtained pursuant to this Code section if such service may be used to calculate creditable service under any other public retirement system created by this title.
History. Ga. L. 1967, p. 259, § 4; Ga. L. 1971, p. 930, § 1; Ga. L. 1980, p. 611, § 2; Ga. L. 2010, p. 1207, § 51/SB 436; Ga. L. 2012, p. 663, § 2/HB 183.
The 2010 amendment, effective July 1, 2010, deleted former subsection (b) which read: “Any other provisions of law to the contrary notwithstanding, any person who was a member of the General Assembly on April 1, 1971, and who elected not to be a member of the system as provided for in subsection (a) of this Code section could elect, on or before April 30, 1971, to become a member of the system and, upon so electing, become a member under the same conditions as any other member. In order for any such member to receive credit for membership service such member must make the required contributions for such periods, plus interest at the rate of 4 1/4 percent per annum from the time such contributions would have been made had he been a member at that time.”; redesignated former subsections (c) and (d) as present subsections (b) and (c), respectively; and inserted “or she” and “or her” throughout present subsections (b) and (c).
The 2012 amendment, effective July 1, 2012, substituted the present provisions of subsection (a) for the former provisions, which read: “All persons who are members of the General Assembly on July 1, 1967, shall become members of the system as of such date, except that within six months from such date any such person may irrevocably elect not to be a member of the system. All other persons shall become members of the system on taking office as members of the General Assembly. Staff members shall have the option to become members of the system under the same conditions as elected members of the General Assembly.”; and added subsections (d) and (e).
Editor’s notes.
Ga. L. 2010, p. 1207, § 51, which amended this Code section, purported to amend Code Section 47-6-42 but actually amended Code Section 47-6-40.
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.