The Court of Appeals of Georgia has reversed a lower court’s decision in a closely watched case, ruling that the State of Georgia does not have personal jurisdiction over an Oregon widow whom the Teachers Retirement System of Georgia (TRS) sued to recover mistakenly overpaid retirement benefits.
The ruling, issued by the Second Division, means that the trial court erred in denying the motion to dismiss filed by Saundra Becker, the widow of a former Georgia Southern University employee.
This decision effectively ends the Georgia lawsuit filed by TRS to recoup $59,351.71 that was electronically deposited into the couple’s joint bank account following her husband’s death.
The Heart of the Dispute
The case, Becker v. Teachers Retirement System of Georgia, centered on whether Becker—a long-time resident of other states at the time of the overpayments—had sufficient ties to Georgia to be sued there under the state’s Long Arm Statute.
TRS continued to deposit monthly retirement benefits into the joint account held by Becker and her late spouse, David Addington, from July 2021 until March 2023, even though Mr. Addington had died on June 2, 2021. TRS sought the return of these funds, asserting claims including breach of contract and money had and received.
Jurisdiction Analysis Leads to Reversal
The Appeals Court, in an opinion written by Presiding Judge Rickman, concluded that none of Becker’s contacts with Georgia were sufficient to establish personal jurisdiction for the causes of action asserted by TRS.
- Transacting Business: While Becker had prior ties to Georgia—including living and working there years ago and owning a condominium until 2021—the court found the second prong of the jurisdictional test was not met. The claims by TRS did not arise out of or relate to these past Georgia activities. The overpayments were made into an account opened in California while Becker was living in Oregon.
- Tortious Injury: This section requires a tortfeasor to have “regular,” “persistent,” or “substantial” contact with the state. The court found Becker’s contacts were “attenuated, not regular or persistent” at the time the alleged causes of action (money had and received, conversion) arose.
- Owning Real Property: Although Becker owned a condominium in Georgia until September 2021, the court ruled that the TRS claims for the overpaid retirement benefits did not arise out of her ownership, use, or possession of that real estate.
“Because Becker is not a Georgia resident and is not subject to personal jurisdiction under Georgia’s Long Arm Statute with respect to the causes of action asserted by TRS, the trial court erred in denying Becker’s motion to dismiss for lack of personal jurisdiction,” the opinion stated.
The ruling reverses the trial court’s order that had denied Becker’s motion to dismiss and subsequently granted summary judgment and damages to the Teachers Retirement System of Georgia.
READ: Fugitive From Georgia Arrested At Florida Resort After Multi-State Hunt
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