07 LC 21
9690S
House
Bill 157 (COMMITTEE SUBSTITUTE)
By:
Representatives Coleman of the
97th,
Bridges of the
10th,
Golick of the
34th,
Brooks of the
63rd,
Benton of the
31st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia
Annotated, relating to retirement allowances, disability benefits, and
spouses´ benefits under the Teachers Retirement System of Georgia, so as to
define certain terms; to provide that a retired teacher who has been retired for
at least 12 calendar months may return to full-time employment in certain
positions and continue to collect his or her full retirement benefit; to provide
conditions for an effective date and automatic repeal; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating
to retirement allowances, disability benefits, and spouses´ benefits under
the Teachers Retirement System of Georgia, is amended by revising Code Section
47-3-127.1, relating to employment of a retired teacher as a full-time teacher
or in other capacities, as follows:
"(a)
As used in this Code section, the term:
(1)
'Classroom teacher' means a certified teacher of pre-kindergarten through grade
12 employed by the public schools who has as his or her
primary
sole
responsibility the academic instruction of students in a classroom.
(2)
'Normal
service retirement' means retirement at or after the age of 60 with at least ten
years of creditable service or retirement with 30 years of creditable service
without regard to age.
(3)
'Retired teacher' means a beneficiary of this retirement system who
was
has
been retired on a
normal
service retirement
on December
31, 2003
for at least
12 calendar months.
(b)(1)
A public school system may employ a retired teacher as a full-time classroom
teacher, principal,
or
superintendent,
counselor, librarian, or improvement
specialist and such person shall be
subject to the provisions of subsection (c) of this Code section; provided,
however, that a retired teacher who retired as a principal may not be employed
as a principal in the same school in which he or she was so employed prior to
his or her retirement, and a retired teacher who retired as a school
superintendent may not be employed as a school superintendent by the same school
system in which such person was so employed prior to his or her
retirement.
(2)
A regional educational service agency as defined in Code Section 20-2-270 may
employ a retired teacher as a full-time improvement specialist and such person
shall be subject to the provisions of subsection (c) of this Code
section.
(3)
The salary paid to any retired teacher employed under this Code section shall be
commensurate
with the position and the individual´s qualifications. Retired teachers
paid under this Code section shall be reported to the state at the certificate
and experience level at which the teacher is
assigned
determined
pursuant to an agreement between the retired teacher and the employing school
system. No such retired teacher shall
receive any further creditable service as a result of such employment and shall
in all ways be considered by this retirement system solely as a
beneficiary.
(4)
A public school system employing a retired teacher subject to this subsection
shall pay all employer
and
employee contributions to this retirement
system as otherwise provided in this chapter; provided, however, that no such
retired teacher shall receive any further creditable service as a result of such
employment and shall in all ways be considered by this retirement system solely
as a beneficiary.
(c)
Any other provision of this article to the contrary notwithstanding, a retired
teacher may return to service as a classroom teacher, principal,
or
superintendent,
counselor, librarian, or improvement
specialist, and such retired
teacher´s benefits under this article shall not be affected. Any such
retired teacher so employed shall not be considered an active member of this
retirement system and shall not accrue any additional benefits or further
creditable service as a result of such employment and shall in all ways be
considered by this retirement system solely as a beneficiary. The provisions of
this subsection shall not become a part of the employment contract and shall be
subject to future legislation."
SECTION
2.
This
Act shall become effective on July 1, 2008, only if it is determined to have
been concurrently funded as provided in Chapter 20 of Title 47 of the Official
Code of Georgia Annotated, the "Public Retirement Systems Standards Law";
otherwise, this Act shall not become effective and shall be automatically
repealed in its entirety on July 1, 2008, as required by subsection (a) of Code
Section 47-20-50.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.