| 1 | 1 | | 23 LC 43 2850 |
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| 2 | 2 | | H. B. 821 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 821 |
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| 5 | 5 | | By: Representatives Hugley of the 141 |
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| 6 | 6 | | st |
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| 7 | 7 | | , Buckner of the 137 |
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| 8 | 8 | | th |
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| 9 | 9 | | , and Reese of the 140 |
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| 10 | 10 | | th |
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| 11 | 11 | | |
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| 12 | 12 | | A BILL TO BE ENTITLED |
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| 13 | 13 | | AN ACT |
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| 14 | 14 | | To amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the |
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| 15 | 15 | | 1 |
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| 16 | 16 | | Teachers Retirement System of Georgia, so as to provide for creditable service in the2 |
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| 17 | 17 | | retirement system for certain members based on their teaching service outside this state while3 |
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| 18 | 18 | | married to active duty members of the United States armed forces; to provide for terms and4 |
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| 19 | 19 | | conditions; to provide for related matters; to define "external teaching service"; to provide5 |
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| 20 | 20 | | conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other6 |
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| 21 | 21 | | purposes.7 |
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| 22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 23 | 23 | | SECTION 1.9 |
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| 24 | 24 | | Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers10 |
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| 25 | 25 | | Retirement System of Georgia, is amended by revising Code Section 47-3-89, relating to11 |
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| 26 | 26 | | credit for service rendered in governmentally supported or operated schools other than public12 |
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| 27 | 27 | | schools in Georgia and payments required to obtain credit for such service, as follows:13 |
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| 28 | 28 | | "47-3-89.14 |
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| 29 | 29 | | (a) Any member of the retirement system shall be entitled to receive up to ten years of |
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| 30 | 30 | | 15 |
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| 31 | 31 | | creditable service for As used in this Code section, 'external teaching service' means16 23 LC 43 2850 |
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| 32 | 32 | | H. B. 821 |
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| 33 | 33 | | - 2 - |
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| 34 | 34 | | teaching service in school systems of other states in the United States, state supported |
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| 35 | 35 | | 17 |
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| 36 | 36 | | independent school systems of the United States, schools operated by the Bureau of Indian18 |
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| 37 | 37 | | Affairs of the United States Department of the Interior, public school systems of the Virgin19 |
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| 38 | 38 | | Islands, Puerto Rico, Guam, and the District of Columbia, or American dependents'20 |
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| 39 | 39 | | schools. |
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| 40 | 40 | | , provided that the21 |
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| 41 | 41 | | (b)(1) Any member who has first established at least five years of membership service22 |
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| 42 | 42 | | credit as a teacher in the public schools of Georgia or the University System of Georgia;23 |
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| 43 | 43 | | provided, further, that such service credit shall be allowed shall be eligible to obtain24 |
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| 44 | 44 | | creditable service in this retirement system on the basis of one year of credit for such each25 |
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| 45 | 45 | | year of external teaching service for each per additional year of membership service as26 |
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| 46 | 46 | | a teacher in the public schools of Georgia or the University System of Georgia; provided,27 |
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| 47 | 47 | | however, that the total creditable service allowed under this paragraph shall not exceed28 |
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| 48 | 48 | | ten years.29 |
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| 49 | 49 | | (2) For any member who has at least three years of membership credit as a teacher in the30 |
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| 50 | 50 | | public schools of Georgia or the University System of Georgia and rendered external31 |
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| 51 | 51 | | teaching service while being married to an active duty member of the armed forces of the32 |
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| 52 | 52 | | United States, such member shall be eligible to obtain creditable service in this retirement33 |
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| 53 | 53 | | system for each year of such external teaching service as such a spouse; provided,34 |
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| 54 | 54 | | however, that such member must retire at normal retirement age as a teacher in Georgia35 |
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| 55 | 55 | | and the total creditable service allowed under this Code section to such a member shall36 |
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| 56 | 56 | | not exceed 25 years.37 |
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| 57 | 57 | | (c) Except as provided in subsection (d) of this Code section, any eligible A teacher38 |
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| 58 | 58 | | desiring to establish credit obtain creditable service for such external teaching service must39 |
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| 59 | 59 | | shall pay to the board of trustees prior to retirement an amount equal to the total employee40 |
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| 60 | 60 | | and employer contributions which would have been paid to the retirement system on a41 |
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| 61 | 61 | | salary comparable to his or her salary for such external teaching service, plus the applicable42 23 LC 43 2850 |
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| 62 | 62 | | H. B. 821 |
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| 63 | 63 | | - 3 - |
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| 64 | 64 | | rate of interest, in accordance with regulations adopted by the board of trustees. Such43 |
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| 65 | 65 | | contributions must be paid prior to retirement under this retirement system.44 |
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| 66 | 66 | | (d)(1) For such service rendered prior to January 1, 1945, the rate of employee45 |
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| 67 | 67 | | contributions shall be 5 percent and the rate of employer contributions shall be 6.8346 |
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| 68 | 68 | | percent. The rate of interest on such contributions shall be the applicable regular interest.47 |
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| 69 | 69 | | No member who receives or who is entitled to receive a pension or annuity from any48 |
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| 70 | 70 | | other state, county, or municipality, or federal retirement program excluding social49 |
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| 71 | 71 | | security, shall receive creditable service for such service. The board of trustees shall50 |
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| 72 | 72 | | promulgate rules and regulations to carry out this Code section.51 |
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| 73 | 73 | | (b)(2) Any provisions of this Code section to the contrary notwithstanding, teachers who52 |
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| 74 | 74 | | became members of the retirement system prior to April 1, 1966, shall be permitted to53 |
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| 75 | 75 | | establish credit for a maximum of ten years of service in school systems of other states54 |
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| 76 | 76 | | in the United States that permit retirement credit for teaching service rendered in Georgia55 |
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| 77 | 77 | | public schools, by paying 8 percent of such out-of-state compensation that they received,56 |
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| 78 | 78 | | plus applicable accumulated interest, in accordance with regulations adopted by the board57 |
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| 79 | 79 | | of trustees. Such members may establish credit for one year of out-of-state service for58 |
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| 80 | 80 | | each year of membership service in the public schools of Georgia or the University59 |
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| 81 | 81 | | System of Georgia rendered after the first five years of membership service.60 |
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| 82 | 82 | | (e) No member shall be eligible for creditable service under paragraph (2) of61 |
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| 83 | 83 | | subsection (b) of this Code section for any external teaching service that has been or will62 |
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| 84 | 84 | | be used in the determination of eligibility for retirement benefits or allowances from any63 |
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| 85 | 85 | | other state or federal retirement program, excluding social security."64 |
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| 86 | 86 | | SECTION 2.65 |
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| 87 | 87 | | This Act shall become effective on July 1, 2024, only if it is determined to have been66 |
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| 88 | 88 | | concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia67 |
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| 89 | 89 | | Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not68 23 LC 43 2850 |
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| 90 | 90 | | H. B. 821 |
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| 91 | 91 | | - 4 - |
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| 92 | 92 | | become effective and shall be automatically repealed in its entirety on July 1, 2024, as |
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| 93 | 93 | | 69 |
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| 94 | 94 | | required by subsection (a) of Code Section 47-20-50.70 |
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| 95 | 95 | | SECTION 3.71 |
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| 96 | 96 | | All laws and parts of laws in conflict with this Act are repealed.72 |
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