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Georgia State Code
Title      47
Chapter       2  
Section Navigation     1 ... 26         27 ... 53    
    54 ... 71           72 ... 96.1  
  96.2 ... 123     123.1 ... 141   
   142 ... 168       180 ... 220   
   221 ... 244       245 ... 267   
   280 ... 296       297 ... 317   
   318 ... 331       332 ... 334     
Section<<< 72 73 90 91 92 93 94 95 96 96.1 >>>  
Title 47, Chapter 2, Section 96 (47-2-96)

(a) In order to receive prior service credit, a member shall pay the contributions he would have made with respect to his earnable compensation for prior service, had the retirement system been in operation when that service was rendered, together with regular interest on that amount to January 1, 1954, at the rate of regular interest in effect on that date. Such service shall include service to an employer that operates or operated a local retirement fund. In determining the earnable compensation of a member for his prior service, the board of trustees shall use the average annual earnable compensation of the member during the last five years of service immediately prior to January 1, 1954, or if he has less than five years of creditable service prior to January 1, 1954, his average annual earnable compensation during his total creditable service. Anything in this chapter to the contrary notwithstanding, a member's prior service accumulations shall be computed to January 1, 1954, in the manner set forth in this subsection; and the accumulated contributions on that service made by an individual prior to January 1, 1954, shall be used in computing the retirement allowance. This Code section shall also apply to current members who transferred their membership from the Teachers Retirement System of Georgia.

(b) Anything in this chapter to the contrary notwithstanding, any member who received compensation from the state for services rendered by him before January 1, 1954, and any member who before that date rendered service for which prior service credit would be allowable under this Code section shall receive prior service credit for it upon furnishing proper certification to the board of trustees. No credit for any such service shall be allowed for any person first becoming a member after March 31, 1972, nor for any person again becoming a member after March 31, 1972, who had not received credit for such service on or before that date.

(c) Anything in this chapter to the contrary notwithstanding, any present or former employee of this state (1) who was a member as of July 1, 1961, (2) who had at least ten years of service prior to January 1, 1950, for which earnable compensation was paid directly to him by a department of state government, and (3) who becomes entitled to benefits under this chapter, after paying required contributions, shall be eligible for and, upon proper certification, shall receive credit for only those prior service accumulations, either adjusted or otherwise, in the same manner as allowed all other eligible members of the retirement system within the year 1953, provided that such individual shall not be eligible to receive benefits until he shall have served as a member at least five years subsequent to July 1, 1961; provided, further, that no such member who previously elected nonmembership in the retirement system or who transferred his membership and credits to this retirement system shall be eligible under this subsection.

(d) Any other provision of this chapter to the contrary notwithstanding, any former employee of this state (1) who was a member as of July 1, 1957, (2) who had at least 15 years of service prior to July 1, 1953, for which earnable compensation was paid directly to him by a department of state government, and (3) who becomes entitled to benefits under this chapter shall be eligible for and, upon proper certification, shall receive credit for only those prior service accumulations, either adjusted or otherwise, in the same manner as allowed all other eligible members of the retirement system within the year 1953, provided that no such member who previously elected nonmembership or who transferred his membership and credits to this retirement system shall be eligible under this subsection.

(e) Anything in this chapter to the contrary notwithstanding, any member who is otherwise eligible for prior service credits and who served on active duty in the armed forces of the United States prior to January 1, 1954, shall be entitled to credit for such service, provided that:

(1) No such credit shall be given for reserve service;

(2) Credit for such service shall not exceed limits imposed elsewhere in this chapter; and

(3) No credit shall be granted for such service if that service has been or will be used to satisfy requirements for benefits or allowances from any other state or federal retirement program, excluding federal social security and retirement programs under Public Law 810, 80th Congress, as amended;

and provided, further, that this shall not prejudice any determination of credit for such service made prior to April 1, 1972. It is not the intent of this subsection to authorize creditable service for any member who retired from active duty in the armed forces of the United States with a benefit or allowance, unless he qualified for his benefit or allowance only because of such injury or disability.

(f) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States during the period of the Vietnam Conflict may receive military service credit for such period of active duty up to a maximum of five years, provided that such member shall pay the regular employee contribution of 5 percent of the compensation last paid to him as an employee before entering military service or 5 percent of the compensation first paid to him as an employee after returning from military service, plus 4 1/2 percent interest on such employee contributions, compounded annually to date of payment; provided, further, that no service in the armed forces shall be deemed as creditable under any provisions of this chapter if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. For the purposes of this subsection, the period of the Vietnam Conflict shall extend from August 5, 1964, through May 7, 1975.

(g) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States at any time from January 1, 1954, until August 5, 1964, as determined by the person's official military records, may purchase such active duty military service credit, exclusive of reserve service, by paying the required employee contributions on the compensation last paid to the member as an employee prior to entering military service or the compensation first paid to the member as an employee after returning from military service plus 15 percent interest on said employee contributions, compounded annually to date of payment. No service in the armed forces shall be creditable under the provisions of this subsection if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under the provisions of Title 10 of the United States Code, Public Law 810, 80th Congress, as amended. To be eligible to receive credit for military service under this subsection or any other subsection, the individual shall purchase such credit prior to January 1, 1988. No military service shall be creditable under the provisions of this subsection if creditable service for the same military service has been obtained under any other provision of this chapter; provided, however, that if creditable service for military service previously obtained under this chapter is withdrawn as creditable service, then creditable service for the same military service may be obtained under the provisions of this subsection. Under no circumstances shall credit for military service obtained pursuant to the authority of this subsection be used to qualify for retirement as a result of involuntary separation.

(h) Anything in this chapter to the contrary notwithstanding, any active member who became a member of this retirement system prior to 1980 as a result of being transferred by operation of law or the action of a state agency from employment by a county hospital authority to employment by a state agency shall be entitled to receive prior service credit for such member's last continuous period of employment with such county hospital authority immediately prior to such transfer, up to a maximum of ten years; provided, however, that in order to receive such creditable service the member shall pay the regular employer and employee contribution paid by or on behalf of him or her upon first becoming an employee of the state agency, plus 5 percent interest thereon, compounded annually to date of payment; provided, further, that no such service shall be deemed as creditable under any provisions of this chapter if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended.

(i)(1) Any other provisions of this chapter to the contrary notwithstanding, any member, other than a member who is subject to the provisions of Code Section 47-2-334, who served on active duty in the armed forces of the United States during a period of time provided for in paragraph (2) of this subsection as a member of a National Guard unit which was called into federal service may receive creditable service for such active duty military service subject to the limitations and requirements of this subsection.

(2) If the active duty military service described in paragraph (1) of this subsection was at any time from August 5, 1964, through May 7, 1975, the member claiming the creditable service shall pay the employee contributions plus interest described in subsection (f) of this Code section as a condition of obtaining such creditable service. If the active duty military service described in paragraph (1) of this subsection was at any time from January 1, 1954, until August 5, 1964, the member claiming the creditable service shall pay the employee contributions plus interest described in subsection (g) of this Code section as a condition of obtaining such creditable service.

(3) No active duty military service shall be creditable under the provisions of this subsection if such service has been or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. The maximum amount of creditable service which may be obtained pursuant to the provisions of this Code section is five years and the total creditable service for all military service shall not exceed ten years. Creditable service obtained pursuant to the provisions of this subsection may not be used to attain any level of creditable service to qualify for a retirement benefit based on involuntary separation from service.

(4) Notwithstanding any other time limitation provided in this chapter for obtaining creditable service for military service, a qualified member may obtain creditable service pursuant to the provisions of this subsection until July 1, 1991.

(j) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States during any period during which a military draft was in effect may receive military service credit for such period of active duty up to a maximum of two years, provided that such member shall pay the regular employee contribution of 5 percent of the compensation last paid to such member as an employee before entering military service or 5 percent of the compensation first paid to such member as an employee after returning from military service plus 4 1/2 percent interest on such employee contributions, compounded annually to date of payment; provided, further, that no service in the armed forces shall be deemed as creditable under any provisions of this chapter if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. Notwithstanding any other time limitation provided in this chapter for obtaining creditable service for military service, a qualified member may obtain creditable service pursuant to the provisions of this subsection by making application therefor prior to December 31, 2001.

Friday December 5 10:08 CST


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