Georgia 2025-2026 Regular Session

Georgia House Bill HB372 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 56 0278
2	2	House Bill 372
3	3	By: Representatives Ballard of the 147
4	4	th
5	5	, Erwin of the 32
6	6	nd
7	7	, Blackmon of the 146
8	8	th
9	9	, Persinger
10	10	of the 119
11	11	th
12	12	, and Townsend of the 179
13	13	th
14	14
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated,
18	18	1
19	19	relating to retirement allowances, disability benefits, and spouses' benefits, so as to remove2
20	20	the requirement that certain subject areas be designated as an area of highest need for certain3
21	21	beneficiaries of the Teachers Retirement System of Georgia to be hired to work in such4
22	22	areas; to provide for the extension of provisions to 2030; to provide for areas of highest need5
23	23	to be determined for a public school system rather than a RESA; to provide for related6
24	24	matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting7
25	25	laws; and for other purposes.8
26	26	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
27	27	SECTION 1.10
28	28	Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to11
29	29	retirement allowances, disability benefits, and spouses' benefits, is amended by revising Code12
30	30	Section 47-3-127.1, relating to full-time employment of beneficiaries permitted under limited13
31	31	conditions, required employer contributions, and areas of highest need, as follows:14
32	32	H. B. 372
33	33	- 1 - 25 LC 56 0278
34	34	"47-3-127.1.
35	35	15
36	36	(a) From July 1, 2022, until June 30, 2026
37	37	2030, notwithstanding the provisions of Code16
38	38	Section 47-3-127, to the extent and under the conditions provided for in this Code section,17
39	39	a public school system may employ:18
40	40	(1) A a beneficiary who has obtained 30 years of creditable service in this retirement19
41	41	system in a full-time capacity as a certified teacher of pre-kindergarten through grade 1220
42	42	who has as his or her primary responsibility the academic instruction of students in a21
43	43	classroom in an area of highest need determined for the RESA to which such public22
44	44	school system is assigned, provided that at least one year has expired from the effective23
45	45	date of such beneficiary's retirement and he or she was not restored to service as a teacher24
46	46	pursuant to Code Section 47-3-127 during such period of time.; or25
47	47	(2) A beneficiary who has obtained 30 years of creditable service in this retirement26
48	48	system in a full-time capacity as a certified teacher of pre-kindergarten through grade 1227
49	49	who has as his or her primary responsibility the academic instruction and support of28
50	50	students in the area of mathematics, special education, reading, writing, or English29
51	51	language arts, provided that such beneficiary in the area of reading, writing, or English30
52	52	language arts holds a current dyslexia or reading endorsement approved by the31
53	53	Professional Standards Commission, provided that at least one year has expired from the32
54	54	effective date of such beneficiary's retirement and he or she was not restored to service33
55	55	as a teacher pursuant to Code Section 47-3-127 during such period of time.34
56	56	(b)(1) An individual employed as described in subsection (a) of this Code section shall35
57	57	remain a beneficiary and shall continue to receive his or her retirement allowance and any36
58	58	postretirement benefit adjustments for which he or she is eligible; provided, however, that37
59	59	such service shall not constitute creditable service and shall not entitle such beneficiary38
60	60	to a recomputation of retirement benefits upon cessation of such service.39
61	61	(2) It shall be the duty of each beneficiary to notify an employer of his or her status as40
62	62	a beneficiary prior to accepting employment with such employer.41
63	63	H. B. 372
64	64	- 2 - 25 LC 56 0278
65	65	(c)(1) Within 30 days of employing a beneficiary pursuant to this Code section, such
66	66	42
67	67	employer shall notify the board of trustees of such beneficiary's name, the amount of his43
68	68	or her earnable compensation, a description of any other forms of remuneration to be44
69	69	made, the number of hours to be worked, job responsibilities, and other such information45
70	70	as the board of trustees may prescribe.46
71	71	(2) An employer that employs a beneficiary pursuant to subsection (a) of this Code47
72	72	section shall pay to the retirement system an amount equal to the product of:48
73	73	(A) The combination of the rate required by this chapter for employer contributions49
74	74	and employee contributions; and50
75	75	(B) The earnable compensation of such beneficiary.51
76	76	(3) A beneficiary shall not receive creditable service from or access to contributions52
77	77	made as a result of payments required by paragraph (2) of this subsection, and he or she53
78	78	shall be considered by the retirement system solely as a beneficiary.54
79	79	(4) If an employer that is obligated to make contributions or reimbursements to the55
80	80	retirement system pursuant to this Code section fails to make such contributions, any56
81	81	unpaid amounts shall be deducted from any funds payable to such employer by the state,57
82	82	including without limitation the Department of Education and the Board of Regents of58
83	83	the University System of Georgia, and shall be paid to the retirement system.59
84	84	(d)(1) As used in this Code section, 'area of highest need' means one of the three content60
85	85	areas for which there are the greatest percentages of unfilled positions for classroom61
86	86	teachers in a RESA
87	87	public school system.62
88	88	(2) The areas of highest need shall be determined for each RESA public school system63
89	89	annually by the Department of Education after consultation with the Professional64
90	90	Standards Commission. Such determinations shall be based upon a five-year average65
91	91	review of a survey reported by local school systems to the Department of Education. The66
92	92	areas of highest need for each RESA public school system shall be reported to the67
93	93	H. B. 372
94	94	- 3 - 25 LC 56 0278
95	95	retirement system on an annual basis beginning July 1, 2022, and ending
96	96	68
97	97	July 1, 2025
98	98	2029.69
99	99	(e) Prior to July 1, 2025, the state auditor shall conduct and publish a performance audit70
100	100	concerning the provisions of this Code section to include a determination of the value and71
101	101	necessity of the full-time employment of beneficiaries as permitted by this Code section,72
102	102	as well as the effects of such employment on the local school systems, the Teachers73
103	103	Retirement System of Georgia, and the teacher workforce as a whole for this state.74
104	104	(f) The provisions of this Code section shall not become part of the employment contract75
105	105	and shall be subject to future legislation."76
106	106	SECTION 2.77
107	107	This Act shall become effective on July 1, 2026, only if it is determined to have been78
108	108	concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia79
109	109	Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not80
110	110	become effective and shall be automatically repealed in its entirety on July 1, 2026, as81
111	111	required by subsection (a) of Code Section 47-20-50.82
112	112	SECTION 3.83
113	113	All laws and parts of laws in conflict with this Act are repealed.84
114	114	H. B. 372
115	115	- 4 -