| 1 | 1 | | 23 LC 43 2576 |
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| 2 | 2 | | H. B. 335 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 335 |
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| 5 | 5 | | By: Representatives Corbett of the 174 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Erwin of the 32 |
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| 8 | 8 | | nd |
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| 9 | 9 | | , Meeks of the 178 |
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| 10 | 10 | | th |
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| 11 | 11 | | , Greene of the |
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| 12 | 12 | | 154 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and Williams of the 148 |
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| 15 | 15 | | th |
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| 16 | 16 | | |
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| 17 | 17 | | A BILL TO BE ENTITLED |
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| 18 | 18 | | AN ACT |
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| 19 | 19 | | To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and |
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| 20 | 20 | | 1 |
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| 21 | 21 | | pensions, so as to permit certain persons who would otherwise be required to be members2 |
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| 22 | 22 | | of the Public School Employees Retirement System to make an irrevocable election to3 |
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| 23 | 23 | | become members of the Teachers Retirement System of Georgia; to provide for conditions;4 |
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| 24 | 24 | | to prohibit transfers of creditable service; to provide for related matters; to provide conditions5 |
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| 25 | 25 | | for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.6 |
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| 26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 27 | 27 | | SECTION 1.8 |
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| 28 | 28 | | Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is9 |
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| 29 | 29 | | amended in Chapter 3, relating to the Teachers Retirement System of Georgia, by revising10 |
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| 30 | 30 | | paragraph (28) of Code Section 47-3-1, relating to definitions, as follows:11 |
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| 31 | 31 | | "(28) 'Teacher' means a permanent status employee employed not less than half time as12 |
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| 32 | 32 | | follows:13 |
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| 33 | 33 | | (A) Employees of a public school or a local board of education with the exception of14 |
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| 34 | 34 | | those employees required to be members of the Public School Employees Retirement15 |
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| 35 | 35 | | System as governed by Chapter 4 of this title; 16 23 LC 43 2576 |
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| 36 | 36 | | H. B. 335 |
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| 37 | 37 | | - 2 - |
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| 38 | 38 | | (B) Public school lunchroom managers or supervisors, maintenance managers or |
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| 39 | 39 | | 17 |
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| 40 | 40 | | supervisors, transportation managers or supervisors, and warehouse managers or18 |
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| 41 | 41 | | supervisors who elect to participate in the retirement system pursuant to Code Section19 |
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| 42 | 42 | | 47-3-63;20 |
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| 43 | 43 | | (C) Employees of the Board of Regents of the University System of Georgia with the21 |
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| 44 | 44 | | exception of those employees who elect to participate in the Regents Retirement Plan22 |
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| 45 | 45 | | as governed by Chapter 21 of this title and maintenance and custodial employees23 |
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| 46 | 46 | | employed prior to July 1, 1978, who elected to forgo membership;24 |
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| 47 | 47 | | (D) Employees of any regional educational service agency created pursuant to Part 1125 |
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| 48 | 48 | | of Article 6 of Chapter 2 of Title 20;26 |
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| 49 | 49 | | (E) Certified professional personnel employed for the first time by the Department of27 |
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| 50 | 50 | | Education on and after July 1, 1983, unless such personnel elect membership in the28 |
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| 51 | 51 | | Employees' Retirement System of Georgia pursuant to subsection (h) of Code Section29 |
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| 52 | 52 | | 47-3-60, and any employee of the Department of Education employed in a teaching,30 |
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| 53 | 53 | | supervisory, or clerical capacity;31 |
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| 54 | 54 | | (F) Certified professional personnel employed by the Department of Education and32 |
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| 55 | 55 | | who become members of this retirement system pursuant to the authority of subsection33 |
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| 56 | 56 | | (i) of Code Section 47-3-60;34 |
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| 57 | 57 | | (G) Professional personnel employed for the first time by the Technical College35 |
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| 58 | 58 | | System of Georgia on and after July 1, 1985, and all nonprofessional personnel36 |
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| 59 | 59 | | employed for the first time after July 1, 1987, by postsecondary vocational-technical37 |
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| 60 | 60 | | schools governed by the Technical College System of Georgia if otherwise eligible38 |
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| 61 | 61 | | under laws, rules, and regulations, unless such personnel elect membership in the39 |
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| 62 | 62 | | Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section40 |
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| 63 | 63 | | 47-3-60;41 23 LC 43 2576 |
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| 64 | 64 | | H. B. 335 |
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| 65 | 65 | | - 3 - |
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| 66 | 66 | | (H) Personnel employed by the Department of Education who are authorized to elect |
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| 67 | 67 | | 42 |
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| 68 | 68 | | and elect to become or remain members of the retirement system pursuant to the43 |
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| 69 | 69 | | applicable provisions of Code Section 47-3-60;44 |
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| 70 | 70 | | (I) Employees of any school operated by the Department of Education; and |
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| 71 | 71 | | 45 |
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| 72 | 72 | | (J) Librarians and clerical personnel employed by regional and county libraries. Any46 |
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| 73 | 73 | | of such librarians and clerical personnel who were members of a local retirement47 |
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| 74 | 74 | | system on January 1, 1977, and who elected to remain members of such local48 |
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| 75 | 75 | | retirement system shall not be required to become members of this retirement system,49 |
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| 76 | 76 | | or if they were members of this retirement system on that date, they may withdraw from50 |
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| 77 | 77 | | such membership. This election must have been made, in writing, to the board of51 |
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| 78 | 78 | | trustees by not later than January 1, 1978. Any of such librarians and clerical personnel52 |
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| 79 | 79 | | failing to so notify the board of trustees by that date shall be members of this retirement53 |
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| 80 | 80 | | system; and54 |
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| 81 | 81 | | (K) Any person who would have been a member of the Public School Employees55 |
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| 82 | 82 | | Retirement System established under Chapter 4 of this title, except that he or she made56 |
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| 83 | 83 | | an irrevocable election to participate in this retirement system pursuant to the57 |
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| 84 | 84 | | provisions of Code Section 47-3-69 and subsection (f) or (g) of Code Section 47-4-40.58 |
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| 85 | 85 | | The term 'teacher' shall not be deemed to include any emergency or temporary employee.59 |
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| 86 | 86 | | The term 'teacher' shall not include an individual classified by an employer as an60 |
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| 87 | 87 | | independent contractor or a leased employee within the meaning of Section 414(n) of the61 |
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| 88 | 88 | | federal Internal Revenue Code, even if such individual is later reclassified by the Internal62 |
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| 89 | 89 | | Revenue Service as a common law employee. The board of trustees shall determine in63 |
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| 90 | 90 | | doubtful cases whether any person is included within the definition set forth in this64 |
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| 91 | 91 | | paragraph."65 |
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| 92 | 92 | | SECTION 2.66 |
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| 93 | 93 | | Said title is further amended in said chapter by adding a new Code section to read as follows:67 23 LC 43 2576 |
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| 94 | 94 | | H. B. 335 |
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| 95 | 95 | | - 4 - |
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| 96 | 96 | | "47-3-69.68 |
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| 97 | 97 | | (a) Each eligible person who makes an irrevocable election to become a member of this69 |
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| 98 | 98 | | retirement system pursuant to subsection (f) or (g) of Code Section 47-4-40 shall become70 |
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| 99 | 99 | | a member of this retirement system subject to the provisions of this chapter at such time71 |
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| 100 | 100 | | except as provided otherwise in this Code section or subsection (f) or (g) of Code Section72 |
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| 101 | 101 | | 47-4-40. Upon becoming a member, he or she shall begin making the employee73 |
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| 102 | 102 | | contributions required by Code Section 47-3-40, his or her employer shall begin making74 |
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| 103 | 103 | | the employer contributions required by paragraph (1) of Code Section 47-3-43, and the75 |
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| 104 | 104 | | state shall pay its share as required by paragraph (2) of Code Section 47-3-43.76 |
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| 105 | 105 | | (b) No person who becomes a member of this retirement system pursuant to subsection (f)77 |
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| 106 | 106 | | or (g) of Code Section 47-4-40 shall be eligible for any creditable service in this retirement78 |
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| 107 | 107 | | system other than actual membership service and military creditable service pursuant to79 |
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| 108 | 108 | | Code Section 47-1-62."80 |
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| 109 | 109 | | SECTION 3.81 |
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| 110 | 110 | | Said title is further amended in Chapter 4, relating to the Public School Employees82 |
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| 111 | 111 | | Retirement System, by revising paragraph (20) of Code Section 47-4-2, relating to83 |
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| 112 | 112 | | definitions, as follows:84 |
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| 113 | 113 | | "(20) 'Public school employee' or 'employee' means:85 |
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| 114 | 114 | | (A) All all those employees of public schools including postsecondary86 |
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| 115 | 115 | | vocational-technical schools governed by the Technical College System of Georgia87 |
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| 116 | 116 | | who are not eligible for membership in the Teachers Retirement System of Georgia or88 |
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| 117 | 117 | | the Employees' Retirement System of Georgia. The term specifically includes, but is89 |
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| 118 | 118 | | not limited to, school bus drivers, school lunchroom personnel, school maintenance90 |
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| 119 | 119 | | personnel, and school custodial personnel.91 |
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| 120 | 120 | | (B) The term does not include teachers or any school personnel who are now, or may92 |
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| 121 | 121 | | hereafter become, covered by the Teachers Retirement System of Georgia or the93 23 LC 43 2576 |
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| 122 | 122 | | H. B. 335 |
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| 123 | 123 | | - 5 - |
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| 124 | 124 | | Employees' Retirement System of Georgia, any person on the payroll of a third party |
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| 125 | 125 | | 94 |
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| 126 | 126 | | with whom an employer has contracted for the provision of such person's services, or95 |
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| 127 | 127 | | any person classified by an employer as other than a common law employee for federal96 |
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| 128 | 128 | | tax purposes, even if a court or administrative agency determines that such person is a97 |
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| 129 | 129 | | common law employee and not an independent contractor for federal tax purposes.98 |
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| 130 | 130 | | (C) |
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| 131 | 131 | | Certain public school employees, as defined in subparagraph (A) of this99 |
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| 132 | 132 | | paragraph, shall have the option to become members of the Teachers Retirement100 |
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| 133 | 133 | | System of Georgia in accordance with subsection (d), (f), or (g) of Code Section101 |
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| 134 | 134 | | 47-4-40 or to become members of the Employees' Retirement System of Georgia in102 |
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| 135 | 135 | | accordance with subsection (e) of Code Section 47-4-40, and except as provided by103 |
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| 136 | 136 | | such subsections, any public school employee becoming a member of the Teachers104 |
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| 137 | 137 | | Retirement System of Georgia or the Employees' Retirement System of Georgia shall105 |
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| 138 | 138 | | cease to be a member of the retirement system created by this chapter."106 |
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| 139 | 139 | | SECTION 4.107 |
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| 140 | 140 | | Said title is further amend in said chapter by adding two new subsections to Code Section108 |
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| 141 | 141 | | 47-4-40, relating to eligibility, leaves of absence, termination, and transfer of service credits,109 |
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| 142 | 142 | | to read as follows:110 |
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| 143 | 143 | | "(f)(1) Any person who, on or after September 2, 2024, becomes a permanent status111 |
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| 144 | 144 | | employee employed not less than half time and subject to the provisions of subsection (a)112 |
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| 145 | 145 | | of this Code section may make a one-time irrevocable election to become a member of113 |
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| 146 | 146 | | the Teachers Retirement System of Georgia in accordance with the provisions of this114 |
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| 147 | 147 | | subsection and Code Section 47-3-69. Such election shall be made within ten days after115 |
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| 148 | 148 | | becoming so employed and shall be exercised by notification, in writing, to the respective116 |
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| 149 | 149 | | boards of trustees of such retirement systems.117 |
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| 150 | 150 | | (2) No person who makes the election allowed by paragraph (1) of this subsection shall:118 |
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| 151 | 151 | | (A) Become a member of this retirement system; or119 23 LC 43 2576 |
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| 152 | 152 | | H. B. 335 |
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| 153 | 153 | | - 6 - |
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| 154 | 154 | | (B) Be eligible to transfer any creditable service to the Teachers Retirement System of120 |
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| 155 | 155 | | Georgia.121 |
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| 156 | 156 | | (3) It shall be the duty and responsibility of local units of administration and122 |
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| 157 | 157 | | postsecondary vocational-technical schools governed by the Technical College System123 |
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| 158 | 158 | | of Georgia to notify persons who become employed and are eligible to make an election124 |
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| 159 | 159 | | pursuant to paragraph (1) of this subsection of such option and to furnish such employees125 |
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| 160 | 160 | | appropriate forms for the exercise of such option.126 |
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| 161 | 161 | | (g)(1) Each contributing member of this retirement system who is a permanent status127 |
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| 162 | 162 | | employee employed not less than half time on September 1, 2024, shall have the option128 |
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| 163 | 163 | | to make an irrevocable election to become a member of the Teachers Retirement System129 |
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| 164 | 164 | | of Georgia in accordance with the provisions of this subsection and Code Section130 |
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| 165 | 165 | | 47-3-69.131 |
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| 166 | 166 | | (2) No person who makes the election allowed by paragraph (1) of this subsection shall:132 |
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| 167 | 167 | | (A) Become a member of this retirement system; or133 |
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| 168 | 168 | | (B) Be eligible to transfer any creditable service to the Teachers Retirement System of134 |
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| 169 | 169 | | Georgia.135 |
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| 170 | 170 | | (3) Any person who makes the election allowed by paragraph (1) of this subsection who136 |
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| 171 | 171 | | has ten or more years of creditable service under this chapter may:137 |
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| 172 | 172 | | (A) Withdraw their accumulated contributions from the fund, and upon withdrawing138 |
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| 173 | 173 | | such contributions such personnel shall cease to be members of the retirement system;139 |
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| 174 | 174 | | or140 |
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| 175 | 175 | | (B) Elect to allow their accumulated contributions to remain in the fund, and such141 |
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| 176 | 176 | | personnel shall retain the vested rights established by Code Section 47-4-100. Upon142 |
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| 177 | 177 | | exercising such option, however, any such personnel shall cease making contributions143 |
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| 178 | 178 | | to the retirement system, and no additional creditable service shall be allowed under the144 |
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| 179 | 179 | | retirement system.145 23 LC 43 2576 |
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| 180 | 180 | | H. B. 335 |
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| 181 | 181 | | - 7 - |
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| 182 | 182 | | (4) For any person who makes the election allowed by paragraph (1) of this subsection146 |
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| 183 | 183 | | with less than ten years of creditable service under this chapter, such person shall147 |
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| 184 | 184 | | withdraw his or her accumulated contributions from the fund and thereupon cease to be148 |
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| 185 | 185 | | a member of the retirement system.149 |
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| 186 | 186 | | (5) It shall be the duty and responsibility of local units of administration and150 |
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| 187 | 187 | | postsecondary vocational-technical schools governed by the Technical College System151 |
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| 188 | 188 | | of Georgia to notify their employees who are eligible to make an election pursuant to152 |
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| 189 | 189 | | paragraph (1) of this subsection of such option and to furnish such employees appropriate153 |
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| 190 | 190 | | forms for the exercise of such option."154 |
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| 191 | 191 | | SECTION 5.155 |
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| 192 | 192 | | This Act shall become effective on July 1, 2024, only if it is determined to have been156 |
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| 193 | 193 | | concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia157 |
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| 194 | 194 | | Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not158 |
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| 195 | 195 | | become effective and shall be automatically repealed in its entirety on July 1, 2024, as159 |
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| 196 | 196 | | required by subsection (a) of Code Section 47-20-50.160 |
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| 197 | 197 | | SECTION 6.161 |
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| 198 | 198 | | All laws and parts of laws in conflict with this Act are repealed.162 |
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