Title 47, Chapter 23, Section 44
( 47-23-44)
(a) The provisions of this Code section shall apply only to persons who become members or beneficiaries of this retirement system by operation of Code Section 47-23-40. (b) Any beneficiary of this retirement system subject to the
provisions of this Code section who on June 30, 1998, was receiving
a benefit from two predecessor retirement systems shall continue to
receive both such benefits from this retirement system as if he or
she were a beneficiary of two retirement systems. (c) Any member subject to this Code section who on June 30, 1998, is
receiving a retirement benefit from one predecessor retirement
system and is an active member of another predecessor retirement
system shall continue to receive such retirement benefit from this
retirement system and shall continue as an active member of this
retirement system. Upon complying with all conditions precedent to
receiving a benefit under this retirement system, such member shall
be entitled to receive both such benefits in the same manner as if
he or she were a member of two separate retirement systems. (d) Any member subject to the provisions of this Code section who on
June 30, 1998, has ten or more years of creditable service in one
predecessor retirement system but has not yet begun receiving a
retirement benefit and who on such date was an active member of
another predecessor retirement system may: (1) Continue his or her status in this retirement system as if he
or she were a member of two retirement systems, and upon
retirement his or her retirement benefits in both capacities shall
be calculated as provided under this retirement system; or (2) Combine the years of service under the predecessor retirement system with his or her years of service under this retirement system as provided in Code Section 47-23-45. (e)(1) As used in this subsection, the term "category of covered
position" means service as: (A) A judge of the superior courts; (B) A judge or solicitor-general of a state court or a juvenile
court judge; or (C) A district attorney. (2) Any member subject to the provisions of this Code section who
after June 30, 1998, obtains ten or more years of service in one
category of covered positions and who subsequently becomes
employed in another category of covered position may, at his or
her option: (A) Consider himself or herself vested in a retirement benefit
in the initial position and begin accruing service in the
subsequent position as if he or she were a member of two
retirement systems; or (B) Combine the years of service under this retirement system as provided in Code Section 47-23-45. |