Title 47, Chapter 3, Section 68
( 47-3-68)
(a) As used in this Code section, the term "eligible university
system employee" means faculty and principal administrators employed
by the University System of Georgia, as designated by regulations of
the Board of Regents of the University System of Georgia, who are: (1) Employed on or after July 1, 1990, and are eligible for
membership in the retirement system provided for in this chapter
as of the date of employment; or (2) Members of the retirement system provided for in this chapter
on July 1, 1990, with less than ten years of creditable service on
that date. (b) Any other provisions of this chapter to the contrary
notwithstanding, any eligible university system employee may
withdraw from or decline membership in the retirement system
provided for in this chapter and participate in the optional
retirement plan provided for in Chapter 21 of this title as provided
in this Code section. (c) Members of the retirement system provided for in this chapter
who were eligible university system employees on July 1, 1990, shall
have the option to withdraw from this retirement system and
participate in the optional retirement plan provided for in Chapter
21 of this title. Members exercising said option, which shall be
irrevocable, shall forfeit all rights under this retirement system
except that they shall have the right to have their accumulated
contributions under this retirement system transferred to the
optional retirement plan. Upon such election's becoming effective,
the board of trustees shall transfer the member's accumulated
contributions directly to the optional retirement plan to purchase
benefits thereunder and the funds so transferred will not be made
available to the member except as a participant in the optional
retirement plan. The option provided for in this Code section shall
be exercised by filing a written notification thereof with the board
of trustees and with the employer by not later than July 31, 1991.
The effective date of the option and transfer for each member who
elects to become a new participant in the optional retirement plan
shall be August 1, 1991. The failure to exercise the option by July
31, 1991, shall be an irrevocable election to remain a member of
this retirement system. (d) Eligible university system employees employed on or after July
1, 1990, shall, within 30 days immediately following the effective
date of their employment, make an irrevocable decision to be a
member of this retirement system or participate in the optional
retirement plan provided for in Chapter 21 of this title; provided,
however, that such employees employed on or after July 1, 1995,
shall make such irrevocable decision within 60 days immediately
following the effective date of their employment. A written
statement of the decision shall be filed with the employer and with
the board of trustees and shall be effective from the date of
employment. If an eligible university system employee fails to file
a statement of decision provided for in this subsection, such
failure shall be an irrevocable election to become a member of the
retirement system provided for in this chapter. (e) Any former member of this retirement system who is presently a
participant in the optional retirement plan provided for in Chapter
21 of this title shall have the right to have the former member's
accumulated contributions to this retirement system transferred to
said optional retirement plan. Such right shall be exercised by
filing a written notification thereof with the board of trustees by
not later than July 31, 1991. After receiving such notification,
the board of trustees shall, by not later than October 1, 1991,
transfer the former member's accumulated contributions directly to
the optional retirement plan to purchase benefits thereunder and the
funds so transferred will not be made available to the former member
except as a participant in the optional retirement plan. |