§ 34-146. City employees becoming county employees and vice versa; transfer of credit; certification; transfer of funds; eligibility.

(a)

As used in this division, the following terms shall have the following meanings unless a contrary meaning is clearly indicated by the context:

(1)

County shall mean any county of this state having a population in excess of 550,000 according to the 1970 United States census or any future census.

(2)

City shall mean the largest city located in whole or in part in such county.

(3)

Pension fund shall mean a fund for the purpose of providing retirement benefits for an employee, maintained by either a city or a county, with contributions being made by both the employee and the employer.

(4)

Employer matching fund contributions shall mean an amount equal to the percentage of members' salaries and wages necessary to pay normal cost contribution of benefits earned by members, as shown in the most recent actuarial study, less the amount required and paid as employee contributions. Where there has been no actuarial study in the past five years, both employer and employee contributions shall be transferred.

(b)

Whenever any city employee shall become a county employee or whenever any county employee shall become a city employee, such employee may transfer from the pension fund of his former employer to the pension fund of his new employer credit for all years of service which may have accrued to him while in the service of his former employer upon compliance with the provisions of this section.

(c)

Any employee wishing to obtain the benefits of this section shall file a written statement to such effect with the secretaries of both the city and county pension fund. Thereupon, it shall be the duty of the secretary of the pension fund of the former employer to certify to the secretary of the pension fund of the new employer the total number of years of service accrued to the credit of such employee, and the amount due such pension fund by said employee for such credit, if any. Said secretary shall also transfer all funds contributed by said employee, together with all employer matching fund contributions, to the secretary of the pension board of the new employer. In the event that such employee shall owe any sum for prior service credits, said sum shall be payable to the pension fund of the new employer. Upon such certification and transfer of funds, such employee shall become entitled to credit for all years of service which may have accrued to him with his former employer to the same extent as if such service had been rendered to his new employer, without the payment of additional contributions, other than amounts previously due for prior service credits. The employer matching contributions transferred in accordance with the terms of this section shall become the property of the pension fund of the new employer.

(d)

In the event that any employee shall have previously withdrawn the amounts contributed by him to the pension fund of his former employer, he shall not be entitled to any benefits under this section.

(1972 Ga. Laws (Act No. 1242), page 3277, §§ 1—4; 1981 Ga. Laws (Act No. 141), page 3258, § 1; 1981 Ga. Laws (Act No. 525), page 4299, § 1)