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. |