Title 47, Chapter 3, Section 81
( 47-3-81)
(a) Any other provisions of law to the contrary notwithstanding, any member, other than a member subject to subsection (b) of this Code section, who was previously a member of the Employees' Retirement System of Georgia and who has service credits with said employees' retirement system may have such service credits and accumulated contributions under said employees' retirement system transferred to the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits and accumulated contributions shall notify the board of trustees of this retirement system in writing of the member's election to do so. Such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights, disability, death, or normal service retirement. Such member shall be required to make additional contributions to this retirement system so that the member's annuity account balance will be the same as though the member had been a member of this retirement system during the period of time for which service credits are transferred from the Employees' Retirement System of Georgia to this retirement system or, in the absence of such payment, the board of trustees shall adjust the member's credits in proportion to the accumulated contributions transferred from the Employees' Retirement System of Georgia to this retirement system. The Employees' Retirement System of Georgia shall pay an employer contribution plus regular interest to the Teachers Retirement System of Georgia for each member transferring service credits and accumulated contributions to the Teachers Retirement System of Georgia authorized in this Code section. The amount of such employer contributions shall be 6 percent of the reported compensation of the member while a member of said employees' retirement system. The employees' retirement system shall pay an additional amount of retirement contributions pursuant to Code Section 47-2-51 for an employees' retirement system member covered by Code Section 47-2-334. This payment shall be placed in the pension accumulation fund and will adjust the amount of employee retirement contributions required for service credit. (b)(1) Any provision of this title to the contrary
notwithstanding, any vested member of the Employees' Retirement
System of Georgia who becomes a teacher may, at his or her option,
elect to remain a member of the Employees' Retirement System of
Georgia. (2) If a person subject to this subsection elects to remain a
member of the Employees' Retirement System of Georgia, the
employer and teacher shall make all contributions to such
retirement system and perform such other acts as are required by
law or regulation. (3) If a person subject to this subsection does not elect to
remain a member of the Employees' Retirement System of Georgia, he
or she shall become a member of this retirement system subject to
all provisions of this chapter. (4) This subsection shall be applicable to each person who was a
member of this retirement system on January 1, 1997, and to all
persons who become a member on or after such date. Any person
subject to this subsection who became a member of the Employees'
Retirement System of Georgia between January 1, 1997, and June 30,
1998, who elects to remain a member of this retirement system
shall be governed by the provisions of subsection (a) of this Code
section relating to the transfer of service credits and
accumulated contributions. (5) Any person eligible to make the election provided for in this
subsection shall do so in writing to the board of trustees not
later than September 30, 2000, or within 60 days after the person
became a teacher, whichever date is later. Once made, the
election shall be irrevocable. (6) The provisions of this subsection shall not become a part of
the employment contract and shall be subject to subsequent
legislation; provided, however, that no person who has made the
election provided by this subsection shall be affected by any
subsequent legislation. |