§ 6-56. Same; rights of officers who are not reelected or reappointed or whose offices are abolished  


Latest version.
  • (a) This section shall be known and may be cited as The Equal Retirement Benefits Act of 1975 [sic].

    (b) Any officer elected or appointed for a definite term who is a member of said pension fund, who shall fail to be reelected or reappointed, or whose office shall be abolished, shall be entitled to a pension on the following basis: No such person shall be entitled to a pension until such person has either been elected or appointed for at least four (4) terms or has been in the employment of the city for a period of 15 years and who was a member of the pension fund at the time of his retirement. Such person shall thereafter be entitled to receive as a pension such percentage of the full pension provided for as his years of service bear to 25 years. Such pension shall be computed and paid in the manner provided in 1941 Ga. Laws, pages 468, 470, § 3, and 1945 Ga. Laws, pages 1003, 1004, § 6, now codified respectively as section 8 and section 9 of Appendix A of Part I of the Code of the City of Atlanta of 1953. Such officer shall otherwise be entitled to all the rights and benefits provided in said Act for officers and employees who may have provided for a beneficiary and/or who have or may become totally and permanently disabled.

    (c) Provided, however, if such person or officer either voluntarily or by compulsion has come under the provisions of section 6-183, then the pension to which such person or officer may be entitled to, as hereinabove provided, shall be computed and paid in the manner provided in 1962 Ga. Laws, page 3140, § 1. Such officer shall otherwise be entitled to all the rights and benefits provided in said Act for officers and employees who have or may become totally and permanently disabled.

    (d) This Act amending the Act approved April 7, 1972 (1972 Ga. Laws, pages 4125, 4126), and particularly sections 2 and 3 of this Act, shall not apply to nor affect any officer or person who, prior to the date of approval of this Act, had been elected or appointed for a definite term; and such officer or person shall continue to be entitled to the privileges and benefits of the Act approved April 7, 1972 (1972 Ga. Laws, pages 4125, 4126), the same as if said Act had not been repealed by this Act.

(1965 Ga. Laws, page 3256, § 3; 1972 Ga. Laws, page 4125, §§ 1, 2; 1976 Ga. Laws, page 3257, §§ 1, 3, 4)

refeditor

The provisions compiled in the above section pertaining to pensions for officers who fail to be elected are derived from 1976 Ga. Laws, page 3257, §§ 1, 3, 4. All other provisions were repealed by 1978 Ga. Laws, page 4508 but have been retained at the request of the city due to their applicability to certain individuals. The legislation referred to in subsection (b) above was repealed by 1974 Ga. Laws, page 3540, §§ 2 and 3, referred to in subsection (d) above, cited earlier amendments to the provisions codified in this article.