Title 47, Chapter 14, Section 70
( 47-14-70)
(a) A member with at least 20 years of service shall receive retirement benefits of $1,700.00 per month upon retirement, provided that at least 12 years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding the member's retirement. Subject to the restrictions set out in this subsection, in computing such service, a member also may include service as a deputy clerk of the superior court and not more than four years of service as a member of the armed forces of the United States on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided that no service as a member of the armed forces of the United States shall be deemed as service for purposes of obtaining retirement benefits under this chapter if such service has or will be used in the determination of the member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security. A clerk of the superior court may not include service for eligibility purposes for years in which the clerk has not completed the training requirements set out in paragraph (1) of subsection (c) of Code Section 15-6-50. (b) If a member is eligible to retire under subsection (a) of this
Code section but does not retire and continues to serve as clerk, he
or she shall be entitled to receive, upon retirement, the amount to
which he or she would have been entitled under subsection (a) of
this Code section; and, in addition, for each year of service beyond
the required 20 years, he or she shall receive an additional 5
percent of the amount he or she would be entitled to under
subsection (a) of this Code section. (c) In lieu of the retirement benefits provided in subsections (a)
and (b) of this Code section, a member, upon retirement, may elect
to receive 90 percent of the benefits the member is entitled to
receive under subsections (a) and (b) of this Code section during
the remainder of the member's life; and, after the member's death,
the member's surviving spouse shall receive a monthly sum during the
lifetime of the surviving spouse equal to 50 percent of the amount
which the member would have received had the member elected the full
benefits provided under subsections (a) and (b) of this Code
section. In order to be eligible for such benefits, the surviving
spouse must have been married to the member for at least six years
immediately preceding the member's death. Such benefits shall not
commence until after the surviving spouse reaches 55 years of age. (d) A member with at least 16 years of service either as a clerk or
deputy clerk shall receive retirement benefits of $1,360.00 per
month upon retirement, provided that at least eight years of such
service shall have been served as a clerk, and the member must have
served continuously as a clerk for the four years immediately
preceding the member's retirement. No other type of service shall
be counted toward such retirement benefits. (e) A member with at least 12 years of service either as a clerk or
deputy clerk shall receive retirement benefits of $1,020.00 per
month upon retirement, provided that at least eight years of such
service shall have been served as a clerk, and the member must have
served continuously as a clerk for the four years immediately
preceding the member's retirement. No other type of service shall
be counted toward such retirement benefits. (f) Any other provisions of this chapter to the contrary
notwithstanding, all members who retire on or after April 1, 1976,
for whatever reason and who otherwise meet the requirements for
retirement benefits under either subsection (d) or (e) of this Code
section shall be entitled to an additional benefit based on service
in excess of the minimum required for such retirement benefits,
provided that such service is of the kind for which credit toward
retirement benefits would be given under subsection (d) or (e) of
this Code section. The amount of the retirement benefit shall be
based on the ratio that the total number of years served bears to
the minimum number of years required for benefits under subsection
(d) or (e) of this Code section, as appropriate. For example, the
following table is illustrative of the additional benefits
computation under this Code section: Years_of_Service
at_Retirement Benefits_Received 13 Thirteen-twelfths of the
benefits provided in
subsection (e) of this
Code section 14 Fourteen-twelfths of the
benefits provided in
subsection (e) of this
Code section 15 Fifteen-twelfths of the
benefits provided in
subsection (e) of this
Code section 17 Seventeen-sixteenths of
the benefits provided
in subsection (d) of
this Code section 18 Eighteen-sixteenths of
the benefits provided
in subsection (d) of
this Code section 19 Nineteen-sixteenths of
the benefits provided
in subsection (d) of
this Code section (g) No person shall receive credit toward the retirement benefits
set forth in subsections (a) and (b) of this Code section for any
service performed after February 15, 1952, unless payment for the
period covered by such service has been made to the board. No
person shall be eligible for the benefits provided in this Code
section unless his or her official duties have terminated and he or
she files an application for benefits within 90 days, or as soon
thereafter as possible, from the termination of his or her official
duties. |