25 LC 56 0278
House Bill 372
By: Representatives Ballard of the 147
th
, Erwin of the 32
nd
, Blackmon of the 146
th
, Persinger
of the 119
th
, and Townsend of the 179
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated,
1
relating to retirement allowances, disability benefits, and spouses' benefits, so as to remove2
the requirement that certain subject areas be designated as an area of highest need for certain3
beneficiaries of the Teachers Retirement System of Georgia to be hired to work in such4
areas; to provide for the extension of provisions to 2030; to provide for areas of highest need5
to be determined for a public school system rather than a RESA; to provide for related6
matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting7
laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to11
retirement allowances, disability benefits, and spouses' benefits, is amended by revising Code12
Section 47-3-127.1, relating to full-time employment of beneficiaries permitted under limited13
conditions, required employer contributions, and areas of highest need, as follows:14
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"47-3-127.1.
15
(a) From July 1, 2022, until June 30, 2026
2030, notwithstanding the provisions of Code16
Section 47-3-127, to the extent and under the conditions provided for in this Code section,17
a public school system may employ:18
(1) A a beneficiary who has obtained 30 years of creditable service in this retirement19
system in a full-time capacity as a certified teacher of pre-kindergarten through grade 1220
who has as his or her primary responsibility the academic instruction of students in a21
classroom in an area of highest need determined for the RESA to which such public22
school system is assigned, provided that at least one year has expired from the effective23
date of such beneficiary's retirement and he or she was not restored to service as a teacher24
pursuant to Code Section 47-3-127 during such period of time.; or25
(2) A beneficiary who has obtained 30 years of creditable service in this retirement26
system in a full-time capacity as a certified teacher of pre-kindergarten through grade 1227
who has as his or her primary responsibility the academic instruction and support of28
students in the area of mathematics, special education, reading, writing, or English29
language arts, provided that such beneficiary in the area of reading, writing, or English30
language arts holds a current dyslexia or reading endorsement approved by the31
Professional Standards Commission, provided that at least one year has expired from the32
effective date of such beneficiary's retirement and he or she was not restored to service33
as a teacher pursuant to Code Section 47-3-127 during such period of time.34
(b)(1) An individual employed as described in subsection (a) of this Code section shall35
remain a beneficiary and shall continue to receive his or her retirement allowance and any36
postretirement benefit adjustments for which he or she is eligible; provided, however, that37
such service shall not constitute creditable service and shall not entitle such beneficiary38
to a recomputation of retirement benefits upon cessation of such service.39
(2) It shall be the duty of each beneficiary to notify an employer of his or her status as40
a beneficiary prior to accepting employment with such employer.41
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(c)(1) Within 30 days of employing a beneficiary pursuant to this Code section, such
42
employer shall notify the board of trustees of such beneficiary's name, the amount of his43
or her earnable compensation, a description of any other forms of remuneration to be44
made, the number of hours to be worked, job responsibilities, and other such information45
as the board of trustees may prescribe.46
(2) An employer that employs a beneficiary pursuant to subsection (a) of this Code47
section shall pay to the retirement system an amount equal to the product of:48
(A) The combination of the rate required by this chapter for employer contributions49
and employee contributions; and50
(B) The earnable compensation of such beneficiary.51
(3) A beneficiary shall not receive creditable service from or access to contributions52
made as a result of payments required by paragraph (2) of this subsection, and he or she53
shall be considered by the retirement system solely as a beneficiary.54
(4) If an employer that is obligated to make contributions or reimbursements to the55
retirement system pursuant to this Code section fails to make such contributions, any56
unpaid amounts shall be deducted from any funds payable to such employer by the state,57
including without limitation the Department of Education and the Board of Regents of58
the University System of Georgia, and shall be paid to the retirement system.59
(d)(1) As used in this Code section, 'area of highest need' means one of the three content60
areas for which there are the greatest percentages of unfilled positions for classroom61
teachers in a RESA
public school system.62
(2) The areas of highest need shall be determined for each RESA public school system63
annually by the Department of Education after consultation with the Professional64
Standards Commission. Such determinations shall be based upon a five-year average65
review of a survey reported by local school systems to the Department of Education. The66
areas of highest need for each RESA public school system shall be reported to the67
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retirement system on an annual basis beginning July 1, 2022, and ending
68
July 1, 2025
2029.69
(e) Prior to July 1, 2025, the state auditor shall conduct and publish a performance audit70
concerning the provisions of this Code section to include a determination of the value and71
necessity of the full-time employment of beneficiaries as permitted by this Code section,72
as well as the effects of such employment on the local school systems, the Teachers73
Retirement System of Georgia, and the teacher workforce as a whole for this state.74
(f) The provisions of this Code section shall not become part of the employment contract75
and shall be subject to future legislation."76
SECTION 2.77
This Act shall become effective on July 1, 2026, only if it is determined to have been78
concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia79
Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not80
become effective and shall be automatically repealed in its entirety on July 1, 2026, as81
required by subsection (a) of Code Section 47-20-50.82
SECTION 3.83
All laws and parts of laws in conflict with this Act are repealed.84
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