Title 47, Chapter 11, Section 40
( 47-11-40)
Before any person shall be eligible to participate in the fund he or
she must: (1)(A) Be serving as secretary-treasurer or as an employee of
the board; or (B) Be a duly qualified and commissioned judge of the probate
court of a county of the State of Georgia. Any judge of a
probate court or employee of the board who desires to
participate in the fund shall further comply with applicable
provisions in paragraphs (2) through (9) of this Code section; (2) In the case of judges of the probate courts or employees of
the board, make application to the board for membership in the
fund on a form to be furnished by the board for that purpose,
giving such information, together with verification and proof
thereof, as may be required by the board; (3)(A) As to judges of the probate courts, make application to
the board within a period of 12 months after commencing such
service as a judge of the probate court in order to claim and
receive credit for services rendered retroactive to the date of
the commencement of such service or forever be barred from
claiming or receiving any credit for any service rendered prior
to the date the application is received in the office of the
secretary-treasurer. (B) As to employees of the board, make application to the board
within a period of 12 months after commencing such service as an
employee of the board in order to claim and receive credit for
services rendered retroactive to the date of the commencement of
such service or forever be barred from claiming or receiving any
credit for any service rendered prior to the date the
application is received in the office of the
secretary-treasurer; provided, however, that no employee of the
board shall be credited with any service to the board which
occurred prior to January 1, 1990; and provided, further, that
any person serving as an employee of the board prior to July 1,
1992, shall have until July 1, 1993, to make application with
the board and to receive credit for services rendered after
January 1, 1990; (4)(A) Any person who on July 1, 1994, has been eligible for
membership in the fund for at least 12 months immediately
preceding that date and who has never joined the fund may join
or rejoin the fund by complying with all relevant provisions of
this Code section; provided, however, that such person must make
application to the board of trustees not later than June 30,
1995, or forever be barred from receiving credit toward
retirement for any time served prior to the date any application
for membership is received in the office of the
secretary-treasurer. (B) Any person who becomes a member pursuant to subparagraph (A)
of this paragraph shall be entitled to obtain service credit for
any period during which such person was eligible for membership.
Any person who is a member on July 1, 1994, and who has failed
to obtain service credit for any period of service as a probate
judge may receive service credit for such period for which
service credit has not been awarded. Such service credit may be
obtained not later than June 30, 1995, by complying with the
provisions of paragraphs (5) and (6) of this Code section; (5) As to judges of the probate courts or employees of the board,
file with such application a sworn statement setting out the
length of time served as judge of the probate court by the
applicant since December 22, 1953, or as an employee of the board
since January 1, 1990, and such judge's net earnings for each
month during such entire period, which may be arrived at by
deducting any and all sums spent for the operation of his or her
office if he or she is on a fee basis, but by the gross amount if
he or she is on salary; provided, however, that if by either
method the income of such judge of the probate court or employee
of the board for his or her service as such: (A) Exceeds $12,000.00 per annum or an average of more than
$1,000.00 per month for any calendar year prior to 1979, such
income shall be deemed to be not more than $12,000.00 during
such year and shall be adjusted to this figure; (B) Exceeds $6,000.00 or an average of more than $1,000.00 per
month for the six-month period beginning January 1, 1979, and
ending June 30, 1979, such income shall be deemed to be not more
than $6,000.00 during such six-month period and shall be
adjusted to this figure; (C) Exceeds $7,500.00 or an average of more than $1,250.00 per
month for the six-month period beginning July 1, 1979, and
ending December 31, 1979, such income shall be deemed to be not
more than $7,500.00 during such six-month period and shall be
adjusted to this figure; (D) Exceeds $15,000.00 per annum or an average of more than
$1,250.00 per month for any calendar year after 1979, such
income shall be deemed to be not more than $15,000.00 during
such year and shall be adjusted to this figure; (E) Exceeds $20,000.00 per annum or an average of more than
$1,666.66 per month for any calendar year after 1990, such
income shall be deemed to be not more than $20,000.00 during
such year and shall be adjusted to this figure; (F) Exceeds $25,000.00 per annum or an average of more than
$2,083.33 per month for any calendar year after 1992, such
income shall be deemed to be not more than $25,000.00 during
such year and shall be adjusted to this figure; or (G) Exceeds $30,000.00 per annum or an average of more than
$2,500.00 per month for any calendar year after 1998, such
income shall be deemed to be not more than $30,000.00 during
such year and shall be adjusted to this figure; provided,
however, that the board of trustees is authorized to increase
such amounts by not more than 3 percent each year, provided that
such increase is based upon: (i) The recommendation of the actuary of the board of trustees; (ii) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (iii) Such other factors as the board deems relevant. (6) As to judges of the probate courts or employees of the board,
remit to the board with his or her application the sum of $105.00
per month as dues, together with interest at a rate of 6 percent
per annum from the end of the month in which such dues accrued; (7) As to judges of the probate courts or employees of the board,
file with the board for each month subsequent to admission as a
member by the close of business of the twentieth day of each month
the sum certain of $105.00; provided, however, that the
requirement for such dues shall cease after the member has paid
such dues for a period of 20 years; and (8) As to judges of the probate courts or employees of the board,
all applications for membership, sworn statements of net earnings,
remittances of dues, and all other information, facts, or figures
in connection with this Code section are subject to being
examined, audited, and approved by the board. |