Title 47, Chapter 2, Section 266
( 47-2-266)
(a) As used in this Code section, the term: (1) "Judicial employee" means: (A) A full-time assistant to a district administrative judge and any full-time secretarial or clerical judicial administrative district employee employed pursuant to the provisions of Code Section 15-5-6; (B) A full-time employee of The Council of Superior Court Judges of Georgia provided for in Code Section 15-6-34; (C) A full-time employee employed for the purpose of assisting sentence review panels provided for in Code Section 17-10-6; and (D) A full-time court administrator for a judicial circuit employed pursuant to the provisions of Code Section 15-6-28. (2) "Prior service as a judicial employee" means service as a
judicial employee rendered prior to July 1, 1990, or prior to July
1, 1992, as applied to a judicial employee specified in
subparagraph (D) of paragraph (1) of this subsection. (b) Effective on July 1, 1990, or on July 1, 1992, as applied to a
judicial employee specified in subparagraph (a)(1)(D) of this Code
section, or on first becoming a judicial employee at any time after
either such date, as applicable, each judicial employee shall become
a member of the Employees' Retirement System of Georgia as a
condition of employment. (c) Any person becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334, except that any member of the retirement system who, without any break in service, accepts employment as a judicial employee shall continue in the same membership status possessed by the member immediately prior to accepting such employment without any interruption in membership service and without the loss of any creditable service. (d) The salary paid from state funds to each judicial employee shall
be the basis for employee and employer contributions to the
retirement system for the purposes of this Code section. All
employer contributions, including employee contributions made by the
employer on behalf of members, shall be paid from funds appropriated
or otherwise made available for the operation of the judicial branch
of the state government. Employee contributions of members under
this Code section shall be deducted and remitted to the board of
trustees by the appropriate employing authority. (e) Any person who was a member of the retirement system immediately
prior to becoming a judicial employee and who has not withdrawn
employee contributions from the retirement system shall receive full
creditable service for membership service in the retirement system
which was completed prior to becoming a judicial employee and shall
have the same membership status in the retirement system which the
person possessed immediately prior to becoming a judicial employee. (f)(1) A person becoming a member of the retirement system
pursuant to the provisions of this Code section may obtain
creditable service for prior service as a judicial employee if the
following payments are made to the board of trustees: (A) The person claiming the creditable service shall pay the
employee contributions that would have been paid to the
retirement system if the person had been a member during the
period for which creditable service is claimed plus regular
interest on such employee contributions compounded annually from
the time the prior service was rendered to the date of payment;
and (B) The Council of Superior Court Judges of Georgia, the
president of The Council of Superior Court Judges of Georgia, or
the district administrative judge employing the person claiming
the creditable service shall pay the employer contributions that
would have been paid to the retirement system if the person
claiming the creditable service had been a member during the
period of time for which creditable service is claimed plus
regular interest on such employer contributions compounded
annually from the time the prior service was rendered to the
date of payment. For prior service as a judicial employee
specified in subparagraph (a)(1)(D) of this Code section, the
employer contributions plus interest required by this
subparagraph shall be paid by the commissioner of administrative
services from funds appropriated or available for the operation
of the superior courts. (2) The employee and employer contributions provided for in
paragraph (1) of this subsection shall be determined on the basis
of compensation actually received as a judicial employee during
the period of prior service for which creditable service is
claimed. The employer contributions plus interest thereon
provided for in subparagraph (B) of paragraph (1) of this
subsection may be paid from any funds of the judicial branch of
the state government appropriated or otherwise available to The
Council of Superior Court Judges of Georgia or district
administrative judges or appropriated or available for the
operation of the superior courts. (3) Any member qualified to obtain creditable service pursuant to
the authority of subparagraph (a)(1)(D) of this Code section shall
apply to the board of trustees for such creditable service by not
later than July 1, 1993. |