§ 6-478. Benefits in lieu of existing benefits, generally.

(a)

The pension benefits provided by this section and the several subsections shall be in lieu of like pension benefits provided by existing provisions of this act.

(b)

Any member of the fire department of such cities eligible for a pension who is in the employment of such cities prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the pension board prior to July 1, 1961. The applicant must agree in writing to accept the benefits and obligations of this amendment in lieu of other pension benefits and obligations under this act, as amended.

All such members of the fire departments in the employment of such cities on the effective date of this act who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under the law as it existed prior to this amendment.

(c)

When such member shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to one-half (½) of the average monthly salary paid to such member during the 12 months immediately preceding his retirement but said pension payment shall not exceed $150 per month, except as hereinafter provided.

In case the member has served 26 years, or more, the amount of the pension payment shall be increased five dollars ($5.00) per month for each full year's active service in excess of 25 years.

In case the member has served 30 years, or more, the amount of the pension shall be increased an additional five dollars ($5.00) per month for each full year's active service in excess of 30 years.

The records kept in the office of the comptroller or other chief finance officer of such city shall be conclusive as to the time served.

(d)

The sum of five percent (5%) of the salary, not exceeding $300 per month, paid to such member in the event he does not provide for payment of a pension to his beneficiary as authorized by this act, as amended, and the sum of six percent (6%) of the salary, not exceeding $300 per month, in the event he does provide for the continuance of the pension to his beneficiary, shall be deducted from the salaries or wages of all such members who consent and agree to the provisions of this amendment. The sums shall be retained by the comptroller or other chief finance officer of the city, as the case may be, and are hereby set apart as a pension fund, free from the control of any such city for any other purpose or expenditure.

(e)

This section and the several subsections shall be effective the first day of the month following the passage and approval of this act and the payments required by the preceding section, as to those then employed and electing to come under this amendment, shall begin with that date.

(f)

Any member who shall elect to come under the terms of this amendment and who shall retire within three (3) years of the effective date of this act, shall pay or shall have paid into the pension fund an amount equivalent to one percent (1%) of his salary used in computing his retirement pay, for said three (3) year period.

(1955 Ga. Laws, Jan.-Feb. Sess., page 2051, § 1; 1961 Ga. Laws, page 3373, § 1)

Editor's note

The provisions compiled in the above section 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 1961 act did not amend the 1955 act but clearly superseded it.