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