HB 773: Retirement and pensions; permit certain persons to make an irrevocable election to become members of the Teachers Retirement System

Right now, many public school support employees such as bus drivers, custodial staff, maintenance workers, and lunchroom personnel are required to join the Public School Employees Retirement System (PSERS) rather than the Teachers Retirement System of Georgia (TRS). This bill creates a new, one-time and irrevocable choice for these workers to join TRS instead. New employees hired on or after September 2, 2026 would have ten days after starting work to make the election. Current PSERS members as of September 1, 2026 would also get a one-time chance to switch. Anyone who switches cannot transfer their PSERS service credit into TRS, and workers with fewer than ten years of PSERS service who switch must withdraw their PSERS contributions. Those with ten or more years of service can withdraw their contributions or leave them in the fund to keep vested rights, but they stop earning further PSERS credit. The change only becomes law on July 1, 2026 if state actuaries certify it is fully funded under Georgia's Public Retirement Systems Standards Law; otherwise it is automatically repealed that same day.

• Creates a new, irrevocable one-time option for certain public school support employees to join the Teachers Retirement System of Georgia instead of the Public School Employees Retirement System.
• Gives new employees hired on or after September 2, 2026 a ten-day window after starting work to make this election.
• Gives current Public School Employees Retirement System members a one-time chance to switch around September 1, 2026.
• Bars anyone who switches from transferring their existing Public School Employees Retirement System service credit into the Teachers Retirement System.
• Requires employees with less than ten years of service who switch to withdraw their accumulated contributions and stop being members of the old system.
• Makes the whole law contingent on being certified as funded under Georgia's Public Retirement Systems Standards Law, with automatic repeal on July 1, 2026 if not certified.

Public school support staff such as bus drivers, custodians, maintenance workers, and lunchroom personnel who are currently required to join the Public School Employees Retirement System, as well as local school districts and technical college system schools, which must notify eligible employees of the new option and provide election forms.

Eligible school support workers would gain a permanent, irreversible choice between two different state pension systems, which could affect their long-term retirement benefits and vesting. Because service credit cannot be transferred, employees who switch may lose years of accumulated retirement standing under their original system.

• Section 1 amends the definition of 'teacher' under O.C.G.A. 47-3-1 to include employees who make the irrevocable election to join the Teachers Retirement System.
• Section 2 adds new Code Section 47-3-69, requiring switched employees to begin normal Teachers Retirement System contributions but limiting their creditable service to actual membership and military service only.
• Section 3 revises O.C.G.A. 47-4-2 to clarify which public school employees can elect to leave the Public School Employees Retirement System.
• Section 4 adds subsections (f) and (g) to O.C.G.A. 47-4-40, setting a ten-day election window for new hires after September 2, 2026 and a one-time election for current members as of September 1, 2026.
• Section 4 also specifies that employees with fewer than ten years of service who switch must withdraw contributions, while those with ten or more years can withdraw or leave contributions in the fund to keep vested rights.
• Section 5 makes the entire Act's effectiveness on July 1, 2026 conditional on funding certification under the Public Retirement Systems Standards Law, with automatic repeal if not certified.

1. 2025-03-20House Second Readers (House)
2. 2025-03-18House First Readers (House)
3. 2025-03-13House Hopper (House)

• Mekyah McQueen (D, HD-61)Primary sponsor
• Bryce Berry (D, HD-56)
• Eric Bell (D, HD-75)
• Sandra Scott (D, HD-76)
• Rhonda Burnough (D, HD-77)
• Tangie Herring (D, HD-145)

• teacher retirement system
• public school employees
• state pensions
• retirement benefits
• school support staff