Title 47, Chapter 2, Section 110
( 47-2-110)
(a) Upon written application to the board of trustees, any member in
service who has reached 60 years of age or who has 30 years of
creditable service may retire on a service retirement allowance,
provided that he has at least five years of creditable service;
provided, further, that if he became a member after July 1, 1968, he
has at least ten years of creditable service. The effective date of
retirement shall be the first of the month in which the application
is received by the board of trustees, provided that no retirement
application will be effective earlier than the first of the month
following the final month of the applicant's employment.
Applications for retirement will not be accepted more than 90 days
in advance of the effective date of retirement. Separation from
service pending approval of the retirement application shall not
affect eligibility for a retirement allowance. The provisions of
this subsection regarding the effective date of retirement shall
apply to all persons making application for retirement on or after
March 15, 1979, and to all persons who have made application prior
to March 15, 1979, but to whom payments from the retirement system
have not commenced as of that date. (b)(1) Effective July 1, 1983, no member of the retirement system
may be required to retire because of age except the following
members: (A) Those employed as prison guards by the Department of
Corrections; (B) Those employed by the Uniform Division of the Department of
Public Safety as officers and troopers; (C) Those employed by the Department of Natural Resources as
conservation rangers; (D) Those employed by the Department of Revenue as alcohol and
tobacco officers or agents; (E) Those employed as officers or agents of the Georgia Bureau
of Investigation; (F) Those employed by the Department of Transportation as
enforcement officers prior to July 1, 2001; (G) Those employed by the Department of Motor Vehicle Safety as
enforcement officers on or after July 1, 2001; and (H) Those employed by the State Board of Pardons and Paroles as
parole officers as well as other employees of said board who
possess the power of arrest. (2) Those members specified by paragraph (1) of this subsection
who may be required to retire because of age shall be subject to
the laws specifying retirement ages for the various
classifications of such members or subject to the rules,
regulations, or policies specifying retirement ages of the various
state departments or agencies employing such members, provided
such rules, regulations, or policies are in compliance with other
laws of this state. Any state department or agency specified in
paragraph (1) of this subsection shall be authorized to employ or
continue the employment of any member, regardless of age, with
professional, scientific, or technical skills who is so certified
to the board of trustees by the state department or agency. (c) Anything in this chapter to the contrary notwithstanding, if a
member accepts employment with or renders services to any employer
after his retirement, payment of his retirement allowance shall be
suspended and no contributions to the retirement system shall be
made on account of such service either by that member or his
employer, provided that, upon termination of such service, all
rights shall vest in that member as if he had continued his option
to retire; provided, further, that payment of his retirement
allowance shall not be suspended if the employee performs no more
than 1,040 hours of service for the employer in any calendar year;
provided, further, that no such employee so employed shall be
eligible for employee health benefits other than those available to
the member as a part of his retirement benefits or for any annual
leave, any sick leave, or any other employee benefit available to a
state employee in the classified service of the State Merit System
of Personnel Administration established by Chapter 20 of Title 45. (d) The board of trustees is authorized to provide by rule or
regulation for the payment of benefits to members or beneficiaries
of the retirement system at a time and under circumstances not
provided for in this chapter to the extent that such payment is
required to maintain the retirement system as a "qualified
retirement plan" for the purposes of federal income tax laws. |