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