GA
Georgia House Bill HB773

Georgia 2025-2026 Regular Session

Georgia House Bill HB773 Compare Versions

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11 25 LC 56 0232
22 House Bill 773
33 By: Representatives McQueen of the 61
44 st
55 , Berry of the 56
66 th
77 , Bell of the 75
88 th
99 , Scott of the 76
1010 th
1111 ,
1212 Burnough of the 77
1313 th
1414 , and others
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and
1818 1
1919 pensions, so as to permit certain persons who would otherwise be required to be members2
2020 of the Public School Employees Retirement System to make an irrevocable election to3
2121 become members of the Teachers Retirement System of Georgia; to provide for conditions;4
2222 to prohibit transfers of creditable service; to provide for related matters; to provide conditions5
2323 for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.6
2424 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
2525 SECTION 1.8
2626 Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is9
2727 amended in Chapter 3, relating to the Teachers Retirement System of Georgia, by revising10
2828 paragraph (28) of Code Section 47-3-1, relating to definitions, as follows:11
2929 "(28) 'Teacher' means a permanent status employee employed not less than half time as12
3030 follows:13
3131 (A) Employees of a public school or a local board of education with the exception of14
3232 those employees required to be members of the Public School Employees Retirement15
3333 System as governed by Chapter 4 of this title; 16
3434 H. B. 773
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3636 (B) Public school lunchroom managers or supervisors, maintenance managers or
3737 17
3838 supervisors, transportation managers or supervisors, and warehouse managers or18
3939 supervisors who elect to participate in the retirement system pursuant to Code Section19
4040 47-3-63;20
4141 (C) Employees of the Board of Regents of the University System of Georgia with the21
4242 exception of those employees who elect to participate in the Regents Retirement Plan22
4343 as governed by Chapter 21 of this title and maintenance and custodial employees23
4444 employed prior to July 1, 1978, who elected to forgo membership;24
4545 (D) Employees of any regional educational service agency created pursuant to Part 1125
4646 of Article 6 of Chapter 2 of Title 20;26
4747 (E) Certified professional personnel employed for the first time by the Department of27
4848 Education on and after July 1, 1983, unless such personnel elect membership in the28
4949 Employees' Retirement System of Georgia pursuant to subsection (h) of Code Section29
5050 47-3-60, and any employee of the Department of Education employed in a teaching,30
5151 supervisory, or clerical capacity;31
5252 (F) Certified professional personnel employed by the Department of Education and32
5353 who become members of this retirement system pursuant to the authority of subsection33
5454 (i) of Code Section 47-3-60;34
5555 (G) Professional personnel employed for the first time by the Technical College35
5656 System of Georgia on and after July 1, 1985, and all nonprofessional personnel36
5757 employed for the first time after July 1, 1987, by postsecondary vocational-technical37
5858 schools governed by the Technical College System of Georgia if otherwise eligible38
5959 under laws, rules, and regulations, unless such personnel elect membership in the39
6060 Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section40
6161 47-3-60;41
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6464 (H) Personnel employed by the Department of Education who are authorized to elect
6565 42
6666 and elect to become or remain members of the retirement system pursuant to the43
6767 applicable provisions of Code Section 47-3-60;44
6868 (I) Employees of any school operated by the Department of Education; and
6969 45
7070 (J) Librarians and clerical personnel employed by regional and county libraries. Any46
7171 of such librarians and clerical personnel who were members of a local retirement47
7272 system on January 1, 1977, and who elected to remain members of such local48
7373 retirement system shall not be required to become members of this retirement system,49
7474 or if they were members of this retirement system on that date, they may withdraw from50
7575 such membership. This election must have been made, in writing, to the board of51
7676 trustees by not later than January 1, 1978. Any of such librarians and clerical personnel52
7777 failing to so notify the board of trustees by that date shall be members of this retirement53
7878 system; and54
7979 (K) Any person who would have been a member of the Public School Employees55
8080 Retirement System established under Chapter 4 of this title, except that he or she made56
8181 an irrevocable election to participate in this retirement system pursuant to the57
8282 provisions of Code Section 47-3-69 and subsection (f) or (g) of Code Section 47-4-40.58
8383 The term 'teacher' shall not be deemed to include any emergency or temporary employee. 59
8484 The term 'teacher' shall not include an individual classified by an employer as an60
8585 independent contractor or a leased employee within the meaning of Section 414(n) of the61
8686 federal Internal Revenue Code, even if such individual is later reclassified by the Internal62
8787 Revenue Service as a common law employee. The board of trustees shall determine in63
8888 doubtful cases whether any person is included within the definition set forth in this64
8989 paragraph."65
9090 SECTION 2.66
9191 Said title is further amended in said chapter by adding a new Code section to read as follows:67
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9494 "47-3-69.68
9595 (a) Each eligible person who makes an irrevocable election to become a member of this69
9696 retirement system pursuant to subsection (f) or (g) of Code Section 47-4-40 shall become70
9797 a member of this retirement system subject to the provisions of this chapter at such time71
9898 except as provided otherwise in this Code section or subsection (f) or (g) of Code Section72
9999 47-4-40. Upon becoming a member, he or she shall begin making the employee73
100100 contributions required by Code Section 47-3-40, his or her employer shall begin making74
101101 the employer contributions required by paragraph (1) of Code Section 47-3-43, and the75
102102 state shall pay its share as required by paragraph (2) of Code Section 47-3-43.76
103103 (b) No person who becomes a member of this retirement system pursuant to subsection (f)77
104104 or (g) of Code Section 47-4-40 shall be eligible for any creditable service in this retirement78
105105 system other than actual membership service and military creditable service pursuant to79
106106 Code Section 47-1-62."80
107107 SECTION 3.81
108108 Said title is further amended in Chapter 4, relating to the Public School Employees82
109109 Retirement System, by revising paragraph (20) of Code Section 47-4-2, relating to83
110110 definitions, as follows:84
111111 "(20) 'Public school employee' or 'employee' means:85
112112 (A) All all those employees of public schools including postsecondary86
113113 vocational-technical schools governed by the Technical College System of Georgia87
114114 who are not eligible for membership in the Teachers Retirement System of Georgia or88
115115 the Employees' Retirement System of Georgia. The term specifically includes, but is89
116116 not limited to, school bus drivers, school lunchroom personnel, school maintenance90
117117 personnel, and school custodial personnel.91
118118 (B) The term does not include teachers or any school personnel who are now, or may92
119119 hereafter become, covered by the Teachers Retirement System of Georgia or the93
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122122 Employees' Retirement System of Georgia, any person on the payroll of a third party
123123 94
124124 with whom an employer has contracted for the provision of such person's services, or95
125125 any person classified by an employer as other than a common law employee for federal96
126126 tax purposes, even if a court or administrative agency determines that such person is a97
127127 common law employee and not an independent contractor for federal tax purposes.98
128128 (C)
129129 Certain public school employees, as defined in subparagraph (A) of this99
130130 paragraph, shall have the option to become members of the Teachers Retirement100
131131 System of Georgia in accordance with subsection (d), (f), or (g) of Code Section101
132132 47-4-40 or to become members of the Employees' Retirement System of Georgia in102
133133 accordance with subsection (e) of Code Section 47-4-40, and except as provided by103
134134 such subsections, any public school employee becoming a member of the Teachers104
135135 Retirement System of Georgia or the Employees' Retirement System of Georgia shall105
136136 cease to be a member of the retirement system created by this chapter."106
137137 SECTION 4.107
138138 Said title is further amend in said chapter by adding two new subsections to Code Section108
139139 47-4-40, relating to eligibility, leaves of absence, termination, and transfer of service credits,109
140140 to read as follows:110
141141 "(f)(1) Any person who, on or after September 2, 2026, becomes a permanent status111
142142 employee employed not less than half time and subject to the provisions of subsection (a)112
143143 of this Code section may make a one-time irrevocable election to become a member of113
144144 the Teachers Retirement System of Georgia in accordance with the provisions of this114
145145 subsection and Code Section 47-3-69. Such election shall be made within ten days after115
146146 becoming so employed and shall be exercised by notification, in writing, to the respective116
147147 boards of trustees of such retirement systems.117
148148 (2) No person who makes the election allowed by paragraph (1) of this subsection shall:118
149149 (A) Become a member of this retirement system; or119
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152152 (B) Be eligible to transfer any creditable service to the Teachers Retirement System of120
153153 Georgia.121
154154 (3) It shall be the duty and responsibility of local units of administration and122
155155 postsecondary vocational-technical schools governed by the Technical College System123
156156 of Georgia to notify persons who become employed and are eligible to make an election124
157157 pursuant to paragraph (1) of this subsection of such option and to furnish such employees125
158158 appropriate forms for the exercise of such option.126
159159 (g)(1) Each contributing member of this retirement system who is a permanent status127
160160 employee employed not less than half time on September 1, 2026, shall have the option128
161161 to make an irrevocable election to become a member of the Teachers Retirement System129
162162 of Georgia in accordance with the provisions of this subsection and Code Section130
163163 47-3-69.131
164164 (2) No person who makes the election allowed by paragraph (1) of this subsection shall:132
165165 (A) Become a member of this retirement system; or133
166166 (B) Be eligible to transfer any creditable service to the Teachers Retirement System of134
167167 Georgia.135
168168 (3) Any person who makes the election allowed by paragraph (1) of this subsection who136
169169 has ten or more years of creditable service under this chapter may:137
170170 (A) Withdraw their accumulated contributions from the fund, and upon withdrawing138
171171 such contributions such personnel shall cease to be members of the retirement system;139
172172 or140
173173 (B) Elect to allow their accumulated contributions to remain in the fund, and such141
174174 personnel shall retain the vested rights established by Code Section 47-4-100. Upon142
175175 exercising such option, however, any such personnel shall cease making contributions143
176176 to the retirement system, and no additional creditable service shall be allowed under the144
177177 retirement system.145
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180180 (4) For any person who makes the election allowed by paragraph (1) of this subsection146
181181 with less than ten years of creditable service under this chapter, such person shall147
182182 withdraw his or her accumulated contributions from the fund and thereupon cease to be148
183183 a member of the retirement system.149
184184 (5) It shall be the duty and responsibility of local units of administration and150
185185 postsecondary vocational-technical schools governed by the Technical College System151
186186 of Georgia to notify their employees who are eligible to make an election pursuant to152
187187 paragraph (1) of this subsection of such option and to furnish such employees appropriate153
188188 forms for the exercise of such option."154
189189 SECTION 5.155
190190 This Act shall become effective on July 1, 2026, only if it is determined to have been156
191191 concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia157
192192 Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not158
193193 become effective and shall be automatically repealed in its entirety on July 1, 2026, as159
194194 required by subsection (a) of Code Section 47-20-50.160
195195 SECTION 6.161
196196 All laws and parts of laws in conflict with this Act are repealed.162
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