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