HB599: HB599 Teachers Retirement System of Georgia; employ certain beneficiaries as classroom teachers in a full-time capacity; extend program

25 LC 56 0328 House Bill 599 By: Representatives Donatucci of the 105th, Blackmon of the 146th, Erwin of the 32nd, Ehrhart of the 36th, and Silcox of the 53rd 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 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 Geor gia 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 H. B. 599 - 1 - 25 LC 56 0328 pre-kindergarten through grade 12 who has as his or her primary responsibility the17 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 t his 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 subsect ion (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 e mployer 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 H. B. 599 - 2 - 25 LC 56 0328 (4) If an employer that is obligated to make contributions or reimbursements to the43 retirement system pursuant to this Code section fails to make s uch 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 RES A 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 annu al 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 p ermitted 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 workforc e 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 H. B. 599 - 3 -