HB372: HB372 Teachers Retirement System; certain beneficiaries hired to work in certain areas; provisions

26 LC 56 0420S House Bill 372 (COMMITTEE SUBSTITUTE) By: Representatives Ballard of the 147th, Erwin of the 32nd, Blackmon of the 146th, Persinger of the 119th, Townsend of the 179th, and others A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 3 of Title 47 of the Official Cod e of Georgia Annotated,1 relating to retirement allowances, disability benefits, and spouses' benefits, so as to remove2 the requirement that certain subject areas be designated as an area of highest need for certain3 beneficiaries of the Teachers Retirement System of Georgia to b e hired to work in such4 areas; to provide for the extension of provisions to 2030; to provide for areas of highest need5 to be determined for a public school system rather than a RESA; to prohibit termination of6 employment based on a change in a public school system's areas of highest need; to provide7 for related matters; to provide conditions for an effective date and automatic repeal; to repeal8 conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Article 7 of Chapter 3 of Title 47 of the Official Code of Geor gia Annotated, relating to12 retirement allowances, disability benefits, and spouses' benefits, is amended by revising Code13 Section 47-3-127.1, relating to full-time employment of beneficiaries permitted under limited14 conditions, required employer contributions, and areas of highest need, as follows:15 H. B. 372 (SUB) - 1 - 26 LC 56 0420S "47-3-127.1.16 (a) From July 1, 2022, until June 30, 2026 2030, notwithstanding the provisions of Code17 Section 47-3-127, to the extent and under the conditions provided for in this Code section,18 a public school system may employ:19 (1) A a beneficiary who has obtained 30 years of creditable service in this retirement20 system in a full-time capacity as a certified teacher of pre-kindergarten through grade 1221 who has as his or her primary responsibility the academic instr uction of students in a22 classroom in an area of highest need determined for the RESA to which such public23 school system is assigned, provided that at least one year has expired from the effective24 date of such beneficiary's retirement and he or she was not restored to service as a teacher25 pursuant to Code Section 47-3-127 during such period of time.; or26 (2) A beneficiary who has obtained 30 years of creditable serv ice in this retirement27 system in a full-time capacity as a certified teacher of pre-kindergarten through grade 1228 who has as his or her primary responsibility the academic instr uction and support of29 students in the area of mathematics, special education, reading , writing, or English30 language arts, provided that such beneficiary in the area of reading, writing, or English31 language arts holds a current dyslexia or reading endorsement a pproved by the32 Professional Standards Commission, provided that at least one year has expired from the33 effective date of such beneficiary's retirement and he or she was not restored to service34 as a teacher pursuant to Code Section 47-3-127 during such period of time.35 (b)(1) An individual employed as described in subsection (a) of this Code section shall36 remain a beneficiary and shall continue to receive his or her retirement allowance and any37 postretirement benefit adjustments for which he or she is eligible; provided, however, that38 such service shall not constitute creditable service and shall not entitle such beneficiary39 to a recomputation of retirement benefits upon cessation of such service.40 (2) It shall be the duty of each beneficiary to notify an employer of his or her status as41 a beneficiary prior to accepting employment with such employer.42 H. B. 372 (SUB) - 2 - 26 LC 56 0420S (c)(1) Within 30 days of employing a beneficiary pursuant to t his Code section, such43 employer shall notify the board of trustees of such beneficiary's name, the amount of his44 or her earnable compensation, a description of any other forms of remuneration to be45 made, the number of hours to be worked, job responsibilities, and other such information46 as the board of trustees may prescribe.47 (2) An employer that employs a beneficiary pursuant to subsect ion (a) of this Code48 section shall pay to the retirement system an amount equal to the product of:49 (A) The combination of the rate required by this chapter for e mployer contributions50 and employee contributions; and51 (B) The earnable compensation of such beneficiary.52 (3) A beneficiary shall not receive creditable service from or access to contributions53 made as a result of payments required by paragraph (2) of this subsection, and he or she54 shall be considered by the retirement system solely as a beneficiary.55 (4) If an employer that is obligated to make contributions or reimbursements to the56 retirement system pursuant to this Code section fails to make s uch contributions, any57 unpaid amounts shall be deducted from any funds payable to such employer by the state,58 including without limitation the Department of Education and the Board of Regents of59 the University System of Georgia, and shall be paid to the retirement system.60 (d)(1) As used in this Code section, 'area of highest need' means one of the three content61 areas for which there are the greatest percentages of unfilled positions for classroom62 teachers in a RESA public school system.63 (2) The areas of highest need shall be determined for each RESA public school system64 annually by the Department of Education after consultation with the Professional65 Standards Commission. Such determinations shall be based upon a five-year average66 review of a survey reported by local school systems to the Department of Education. The67 areas of highest need for each RESA public school system shall be reported to the68 H. B. 372 (SUB) - 3 - 26 LC 56 0420S retirement system on an annual basis beginning July 1, 2022, an d ending69 July 1, 2025 2029.70 (e) No change in a public school system's areas of highest nee d shall require the71 termination, resignation, or nonrenewal of any beneficiary prev iously hired under72 subsection (a) of this Code section.73 (e)(f) Prior to July 1, 2025, the state auditor shall conduct and publish a performance audit74 concerning the provisions of this Code section to include a determination of the value and75 necessity of the full-time employment of beneficiaries as permitted by this Code section,76 as well as the effects of such employment on the local school s ystems, the Teachers77 Retirement System of Georgia, and the teacher workforce as a whole for this state.78 (f)(g) The provisions of this Code section shall not become part of the employment79 contract and shall be subject to future legislation."80 SECTION 2.81 This Act shall become effective on July 1, 2026, only if it is determined to have been82 concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia83 Annotated, the "Public Retirement Systems Standards Law"; other wise, this Act shall not84 become effective and shall be automatically repealed in its ent irety on July 1, 2026, as85 required by subsection (a) of Code Section 47-20-50.86 SECTION 3.87 All laws and parts of laws in conflict with this Act are repealed.88 H. B. 372 (SUB) - 4 -