1 | 1 | | 25 LC 56 0328 |
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2 | 2 | | House Bill 599 |
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3 | 3 | | By: Representatives Donatucci of the 105 |
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4 | 4 | | th |
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5 | 5 | | , Blackmon of the 146 |
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6 | 6 | | th |
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7 | 7 | | , Erwin of the 32 |
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8 | 8 | | nd |
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9 | 9 | | , Ehrhart |
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10 | 10 | | of the 36 |
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11 | 11 | | th |
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12 | 12 | | , and Silcox of the 53 |
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13 | 13 | | rd |
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14 | 14 | | |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, |
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18 | 18 | | 1 |
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19 | 19 | | relating to retirement allowances, disability benefits, and spouses' benefits, so as to extend2 |
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20 | 20 | | the program to permit public school systems to employ certain beneficiaries of the Teachers3 |
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21 | 21 | | Retirement System of Georgia as classroom teachers in a full-time capacity to June 30, 2030;4 |
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22 | 22 | | to provide for related matters; to repeal conflicting laws; and for other purposes.5 |
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23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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24 | 24 | | SECTION 1.7 |
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25 | 25 | | Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to8 |
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26 | 26 | | retirement allowances, disability benefits, and spouses' benefits, is amended by revising Code9 |
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27 | 27 | | Section 47-3-127.1, relating to full-time employment of beneficiaries permitted under limited10 |
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28 | 28 | | conditions, required employer contributions, and areas of highest need, as follows:11 |
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29 | 29 | | "47-3-127.1.12 |
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30 | 30 | | (a) From July 1, 2022, until June 30, 2026 |
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31 | 31 | | 2030, notwithstanding the provisions of Code13 |
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32 | 32 | | Section 47-3-127, to the extent and under the conditions provided for in this Code section,14 |
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33 | 33 | | a public school system may employ a beneficiary who has obtained 30 years of creditable15 |
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34 | 34 | | service in this retirement system in a full-time capacity as a certified teacher of16 |
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35 | 35 | | H. B. 599 |
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36 | 36 | | - 1 - 25 LC 56 0328 |
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37 | 37 | | pre-kindergarten through grade 12 who has as his or her primary responsibility the |
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38 | 38 | | 17 |
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39 | 39 | | academic instruction of students in a classroom in an area of highest need determined for18 |
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40 | 40 | | the RESA to which such public school system is assigned, provided that at least one year19 |
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41 | 41 | | has expired from the effective date of such beneficiary's retirement and he or she was not20 |
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42 | 42 | | restored to service as a teacher pursuant to Code Section 47-3-127 during such period of21 |
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43 | 43 | | time.22 |
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44 | 44 | | (b)(1) An individual employed as described in subsection (a) of this Code section shall23 |
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45 | 45 | | remain a beneficiary and shall continue to receive his or her retirement allowance and any24 |
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46 | 46 | | postretirement benefit adjustments for which he or she is eligible; provided, however, that25 |
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47 | 47 | | such service shall not constitute creditable service and shall not entitle such beneficiary26 |
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48 | 48 | | to a recomputation of retirement benefits upon cessation of such service.27 |
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49 | 49 | | (2) It shall be the duty of each beneficiary to notify an employer of his or her status as28 |
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50 | 50 | | a beneficiary prior to accepting employment with such employer.29 |
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51 | 51 | | (c)(1) Within 30 days of employing a beneficiary pursuant to this Code section, such30 |
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52 | 52 | | employer shall notify the board of trustees of such beneficiary's name, the amount of his31 |
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53 | 53 | | or her earnable compensation, a description of any other forms of remuneration to be32 |
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54 | 54 | | made, the number of hours to be worked, job responsibilities, and other such information33 |
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55 | 55 | | as the board of trustees may prescribe.34 |
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56 | 56 | | (2) An employer that employs a beneficiary pursuant to subsection (a) of this Code35 |
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57 | 57 | | section shall pay to the retirement system an amount equal to the product of:36 |
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58 | 58 | | (A) The combination of the rate required by this chapter for employer contributions37 |
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59 | 59 | | and employee contributions; and38 |
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60 | 60 | | (B) The earnable compensation of such beneficiary.39 |
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61 | 61 | | (3) A beneficiary shall not receive creditable service from or access to contributions40 |
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62 | 62 | | made as a result of payments required by paragraph (2) of this subsection, and he or she41 |
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63 | 63 | | shall be considered by the retirement system solely as a beneficiary.42 |
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64 | 64 | | H. B. 599 |
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65 | 65 | | - 2 - 25 LC 56 0328 |
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66 | 66 | | (4) If an employer that is obligated to make contributions or reimbursements to the |
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67 | 67 | | 43 |
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68 | 68 | | retirement system pursuant to this Code section fails to make such contributions, any44 |
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69 | 69 | | unpaid amounts shall be deducted from any funds payable to such employer by the state,45 |
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70 | 70 | | including without limitation the Department of Education and the Board of Regents of46 |
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71 | 71 | | the University System of Georgia, and shall be paid to the retirement system.47 |
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72 | 72 | | (d)(1) As used in this Code section, 'area of highest need' means one of the three content48 |
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73 | 73 | | areas for which there are the greatest percentages of unfilled positions for classroom49 |
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74 | 74 | | teachers in a RESA.50 |
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75 | 75 | | (2) The areas of highest need shall be determined for each RESA annually by the51 |
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76 | 76 | | Department of Education after consultation with the Professional Standards Commission. 52 |
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77 | 77 | | Such determinations shall be based upon a five-year average review of a survey reported53 |
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78 | 78 | | by local school systems to the Department of Education. The areas of highest need for54 |
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79 | 79 | | each RESA shall be reported to the retirement system on an annual basis beginning55 |
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80 | 80 | | July 1, 2022, and ending July 1, 2025 |
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81 | 81 | | 2029.56 |
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82 | 82 | | (e) Prior to July 1, 2025 2029, the state auditor shall conduct and publish a performance57 |
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83 | 83 | | audit concerning the provisions of this Code section to include a determination of the value58 |
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84 | 84 | | and necessity of the full-time employment of beneficiaries as permitted by this Code59 |
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85 | 85 | | section, as well as the effects of such employment on the local school systems, the60 |
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86 | 86 | | Teachers Retirement System of Georgia, and the teacher workforce as a whole for this61 |
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87 | 87 | | state.62 |
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88 | 88 | | (f) The provisions of this Code section shall not become part of the employment contract63 |
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89 | 89 | | and shall be subject to future legislation."64 |
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90 | 90 | | SECTION 2.65 |
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91 | 91 | | All laws and parts of laws in conflict with this Act are repealed.66 |
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92 | 92 | | H. B. 599 |
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93 | 93 | | - 3 - |
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