| HB 835 - Teachers Retirement; membership; amend provisions |
First Reader Summary
A BILL to amend Title 47 of the Official Code of Georgia
Annotated, relating to retirement and pensions, so as to provide
that certain persons may not become members of the Teachers
Retirement System of Georgia in a certain manner on or after a
certain date; to define certain terms; to provide that certain
public school employees may elect to become members of such
retirement system; and for other purposes.
HB 835 LC 21 5265
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 47 of the Official Code of Georgia Annotated,
1- 2 relating to retirement and pensions, so as to provide that
1- 3 certain persons may not become members of the Teachers
1- 4 Retirement System of Georgia in a certain manner on or after
1- 5 a certain date; to define certain terms; to provide that
1- 6 certain public school employees may elect to become members
1- 7 of such retirement system; to provide for employee and
1- 8 employer contributions; to provide for creditable service
1- 9 for certain prior service; to provide for matters relative
1-10 to the foregoing; to provide conditions for an effective
1-11 date and automatic repeal; to repeal conflicting laws; and
1-12 for other purposes.
1-13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-14 SECTION 1.
1-15 Title 47 of the Official Code of Georgia Annotated, relating
1-16 to retirement and pensions, is amended by inserting at the
1-17 end of Code Section 47-3-63, relating to membership in the
1-18 Teachers Retirement System of Georgia by certain public
1-19 school employees, the following:
1-20 "(d) No person shall be entitled to become a member of
1-21 this retirement system pursuant to this Code section on or
1-22 after July 1, 2000."
1-23 SECTION 2.
1-24 Said title is further amended by inserting immediately
1-25 following Code Section 47-3-63 a new Code section to be
1-26 designated Code Section 47-3-63.1 to read as follows:
1-27 "47-3-63.1.
1-28 (a) As used in this Code section, the term:
1-29 (1) 'Public school' means any day school conducted
1-30 within the state under the authority and supervision of
1-31 a duly elected or appointed county or independent board
1-32 of education.
-1-
2- 1 (2) 'Public school employee' or 'employee' means all
2- 2 those employees of public schools including
2- 3 postsecondary vocational-technical schools governed by
2- 4 the Department of Technical and Adult Education who work
2- 5 at least 30 hours per week and at least nine months per
2- 6 year and who are not 'teachers' as defined in paragraph
2- 7 (28) of Code Section 47-3-1. The term specifically
2- 8 includes, but is not limited to, school bus drivers,
2- 9 school lunchroom personnel, school maintenance
2-10 personnel, and school custodial personnel.
2-11 (b) Any person who is employed as a public school employee
2-12 on June 30, 2000, may elect to become a member of this
2-13 retirement system by so notifying the board of trustees of
2-14 this retirement system and the board of trustees of the
2-15 Public School Employees Retirement System in a manner
2-16 determined by the respective boards of trustees not later
2-17 than June 30, 2001, or be forever barred from making such
2-18 election. Any person who becomes employed as a public
2-19 school employee on or after June 1, 2000, may elect to
2-20 become a member of this retirement system by so notifying
2-21 the respective boards of trustees of such retirement
2-22 systems at the time of employment or be forever barred
2-23 from making such election, and any person making such
2-24 election shall not become a member of the Public School
2-25 Employees Retirement System. Any such election, once
2-26 made, shall be irrevocable. All such persons so electing
2-27 to become a member of this retirement system shall begin
2-28 making employee contributions required by this chapter
2-29 immediately.
2-30 (c) The State of Georgia shall pay the employer
2-31 contributions for all public school employees electing to
2-32 become members of this retirement system pursuant to
2-33 subsection (b) of this Code section.
2-34 (d) Any person who elects to transfer membership from the
2-35 Public School Employees Retirement System to this
2-36 retirement system pursuant to subsection (b) of this Code
2-37 section shall be entitled to receive creditable service
2-38 for prior service as a public school employee while a
2-39 member of the Public School Employees Retirement System as
2-40 provided in this subsection. The board of trustees of the
2-41 Public School Employees Retirement System shall, within 30
2-42 days after receiving the employee's notice, pay to the
2-43 board of trustees of this retirement system the total
2-44 employee and employer contributions made to such
-2-
3- 1 retirement system by or on behalf of the employee,
3- 2 together with interest thereon at the rate of 6 percent
3- 3 per annum. The employee shall be granted such creditable
3- 4 service in this retirement system as the board of trustees
3- 5 determines that amount will allow without creating any
3- 6 accrued liability, as a result of granting such creditable
3- 7 service, against this retirement system. If the amount of
3- 8 creditable service so obtained is less than the amount of
3- 9 prior service as a public school employee for which such
3-10 creditable service is allowed, the member may obtain all
3-11 or a portion of the remainder by paying the employer and
3-12 employee contributions which would have been made if he or
3-13 she had been a member of this retirement system together
3-14 with interest at the rate of 6 percent per annum,
3-15 compounded annually; provided, however, that the amount
3-16 transferred to this retirement system from the Public
3-17 School Employees Retirement System shall be deemed to have
3-18 purchased the member's earliest allowable prior service
3-19 credit. The board of trustees is authorized to adopt
3-20 rules and regulations governing such transaction. Each
3-21 local school system shall be authorized, but not required,
3-22 to pay any portion of the member's contribution provided
3-23 for by this subsection."
3-24 SECTION 3.
3-25 Said title is further amended by inserting at the end of
3-26 Code Section 47-4-40, relating to eligibility for membership
3-27 in the Public School Employees Retirement System, a new
3-28 subsection (f) to read as follows:
3-29 "(f) No public school employee who elects to become a
3-30 member of the Teachers Retirement System of Georgia
3-31 pursuant to Code Section 47-3-63.1 may become or again
3-32 become a member of this retirement system unless such
3-33 person subsequently becomes ineligible for membership in
3-34 the Teachers Retirement System of Georgia, in which event
3-35 such person shall not be entitled to any transfer of
3-36 credit to this retirement system. In no event shall an
3-37 active member of the Teachers Retirement System of Georgia
3-38 simultaneously be a member of this retirement system."
3-39 SECTION 4.
3-40 This Act shall become effective on July 1, 2000, only if it
3-41 is determined to have been concurrently funded as provided
3-42 in Chapter 20 of Title 47 of the Official Code of Georgia
3-43 Annotated, the "Public Retirement Systems Standards Law";
-3-
4- 1 otherwise, this Act shall not become effective and shall be
4- 2 automatically repealed in its entirety on July 1, 2000, as
4- 3 required by subsection (a) of Code Section 47-20-50.
4- 4 SECTION 5.
4- 5 All laws and parts of laws in conflict with this Act are
4- 6 repealed.
-4-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/01/99
