§ 154-112. Loss of status as an active participant.

(a)

Generally. An individual who is or becomes an active participant pursuant to the provisions of this subdivision shall remain an active participant until he or she ceases to be an eligible employee, at which time he or she shall cease to be an active participant unless and until he or she again becomes an active participant in accordance with this subdivision.

(b)

Employees in state retirement systems. All individuals who have previously participated in the prior plans, and who being eligible to do so have elected to participate in the Employees' Retirement System of Georgia established by the act of the General Assembly of Georgia approved February 3, 1949, shall cease to be members of the plan or any prior plan. Any individual who may hereafter become a member of the Employees' Retirement System of Georgia shall cease to be a member of the plan or any prior plan effective with commencement of membership in the Employees' Retirement System of Georgia. Upon receipt by the executive secretary of the board of trustees of proof that any person previously participating in a prior plan has become a member of the Employees' Retirement System of Georgia, the total amount of the contribution of such person to a prior plan shall be transferred to the Employees' Retirement System of Georgia. With the exception of the right to transfer funds provided by this subsection, every right of an individual so transferring to the Employees' Retirement System of Georgia, or of his personal representative or beneficiary, in and to such prior plan or the plan shall cease effective with commencement of membership in the state pension system. The provisions of this subsection shall not apply to any persons who become a member of the Employees' Retirement System of Georgia before January 1, 1991, or to any tax commissioner who shall be required to be a member of the Employees' Retirement System by the provisions of Georgia law.

(c)

Criminal activity. An individual who is convicted of committing a public employment related crime (as defined in O.C.G.A. § 47-1-20(6)) in the capacity of a public employee shall cease to participate in the plan or a prior plan as of the date of final conviction as provided under O.C.G.A. §§ 47-1-21 and 47-1-22. Moreover, with respect to individuals employed or reemployed by the employer after July 1, 1990, conviction of a drug-related crime (as defined in O.C.G.A. § 47-1-20(1.1)) will result in the cessation of active participation in the case of an individual with a vested benefit and in the cessation of any participation in the case of an individual whose benefit is not vested as of the date of final conviction as provided under O.C.G.A. § 47-1-22.1.

(91-RC-669, § 2.2, 12-18-91)