Title 47, Chapter 12, Section 42
( 47-12-42)
(a) Any district attorney who is married shall pay into the fund an
amount equal to 2 1/2 percent of his state salary for each year of
service, up to a maximum of 19 years, for spouses' benefits
coverage. Such payment shall entitle his surviving spouse to
receive from the State of Georgia, for life or until remarriage, a
sum equal to 50 percent of the benefits which he was receiving on
the date of his death, if retired at such time, or which he would
have been eligible to receive had he retired as of that date if he
had 19 years of creditable service as of the date of his death. If
such district attorney had completed spouses' contributions for at
least ten years of creditable service as a district attorney, but
for less than 19 years of creditable service as of the date of his
death, his surviving spouse who is eligible for such benefits under
this Code section shall be entitled to receive, for life or until
remarriage, a sum equal to the amount determined by multiplying
one-half of the benefit he would have been entitled to receive upon
completion of 19 years of creditable service without change in the
salary he was receiving at the time of his death times the fraction
which his creditable service bears to 19 years. Those members with
more than 19 years of creditable service shall utilize the salary
level of the most recent 19 years of service when determining the
contribution for spouses' benefits. Any member who was compensated
by the fee system prior to 1969 shall pay the required 2 1/2 percent
contribution for spouses' benefits on the basis of $9,000.00 per
annum, if such fees were less than that amount, or on the basis of
the actual fees received, if more than $9,000.00 per annum, up to a
maximum of $18,000.00 as the basis for such contributions. In
addition to such contributions, a member obtaining spouses' benefits
shall pay interest on such contributions at the rate of 5 percent
compounded annually up to the date of payment of such contributions.
All contributions to obtain creditable service for the purpose of
spouses' benefits, plus interest thereon, shall be paid by March 24,
1982. A member who is not married shall not be required to make
contributions as provided in this Code section for spouses'
benefits; but if such member subsequently marries, he shall be
required to begin making contributions for spouses' benefits and
shall also make such contributions for prior service within two
years after becoming married. If the spouse of a member dies or if
a member becomes divorced, contributions for spouses' benefits shall
cease upon notice to the board of trustees from the member of such
death or divorce; but if such member subsequently remarries, he
shall notify the board of trustees of such remarriage, and
contributions for spouses' benefits shall be reinstated. If a member
ceases making contributions for spouses' benefits for any reason,
there shall be no return to the member of contributions for such
spouses' benefits. (b) Any other provision of subsection (a) of this Code section or
any other provision of this chapter to the contrary notwithstanding,
any married district attorney emeritus receiving an emeritus salary
on July 1, 1992, who was married for at least one year prior to that
date and whose spouse is not otherwise eligible for spouses'
benefits shall have the option to reduce his emeritus salary by 10
percent and establish a surviving spouse's benefit equal to one-half
of the reduced emeritus salary. Upon the death of a district
attorney emeritus who exercised such option, the spouse's benefit
provided for in this subsection shall be paid to the surviving
spouse in equal monthly installments for life or until the surviving
spouse remarries. The option for spouses' benefits for district
attorneys emeritus provided for in this subsection must be exercised
in writing to the board of trustees by not later than December 31,
1992. |