HB873: HB873 Education, Department of; employ beneficiaries of Teachers Retirement System of Georgia; allow

25 LC 56 0323 House Bill 873 By: Representative Townsend of the 179th 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 allow for2 the Department of Education to employ beneficiaries of the Teachers Retirement System of3 Georgia; to provide for such employees to continue to receive t heir retirement benefit; to4 prohibit such employees from accruing creditable service for such employment; to provide5 for exceptions; to provide conditions for an effective date and automatic repeal; to provide6 for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 7 of Chapter 3 of Title 47 of the Official Code of Geor gia Annotated, relating to10 retirement allowances, disability benefits, and spouses' benefi ts, is amended by revising11 subsection (a) of Code Section 47-3-127, relating to effect of restoration to service on12 retirement allowances, and creditable service after restoration to service, as follows:13 "(a) If, except as provided in Code Section 47-3-127.1 or 47-3- 127.2, a beneficiary is14 restored to service as a teacher, he or she may elect:15 H. B. 873 - 1 - 25 LC 56 0323 (1) Cessation of his or her retirement allowance, in which cas e he or she shall again16 become a contributing member of the retirement system and be go verned by the17 retirement provisions of this chapter; or18 (2) Not to reinstate his or her membership in the retirement system, in which case his or19 her retirement benefits shall be suspended during the period of time he or she is restored20 to service. Upon cessation of such service, his or her prior retirement allowance shall be21 resumed.22 If the returning beneficiary fails to elect either choice, his or her status shall be as if he or23 she had elected paragraph (1) of this subsection."24 SECTION 2.25 Said article is further amended by adding a new Code section to read as follows:26 "47-3-127.2.27 (a) Notwithstanding the provisions of Code Section 47-3-127, to the extent and under the28 conditions provided for in this Code section, the Department of Education may employ a29 beneficiary.30 (b) An individual employed as described in subsection (a) of t his Code section shall31 remain a beneficiary and shall continue to receive his or her retirement allowance and any32 postretirement benefit adjustments for which he or she is eligible; provided, however, that33 such service shall not constitute creditable service and shall not entitle such beneficiary to34 a recomputation of retirement benefits upon cessation of such service.35 (c) The provisions of this Code section shall not apply to any beneficiary who becomes an36 employee of any school operated by the Department of Education.37 (d) The provisions of this Code section shall not become part of the employment contract38 and shall be subject to future legislation."39 H. B. 873 - 2 - 25 LC 56 0323 SECTION 3.40 This Act shall become effective on July 1, 2026, only if it is determined to have been41 concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia42 Annotated, the "Public Retirement Systems Standards Law"; other wise, this Act shall not43 become effective and shall be automatically repealed in its ent irety on July 1, 2026, as44 required by subsection (a) of Code Section 47-20-50.45 SECTION 4.46 All laws and parts of laws in conflict with this Act are repealed.47 H. B. 873 - 3 -