--- title: HB 773. Retirement and pensions; permit certain persons to make an irrevocable election to become members of the Teachers Retirement System collection: bills id: 2025-2026/hb773 cite_as: HB 773, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb773 md_url: https://georgiacommons.org/bills/2025-2026/hb773.md text_url: https://georgiacommons.org/bills/2025-2026/hb773/text source_url: https://www.legis.ga.gov/legislation/71358 date: 2025-03-20 status: introduced corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb772.md next: https://georgiacommons.org/bills/2025-2026/hb774.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 129 omitted_url: https://georgiacommons.org/bills/2025-2026/hb773.md?full=1 bill_number: HB 773 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-03-13 last_action: House Second Readers sponsors: - Mekyah McQueen - Bryce Berry - Eric Bell - Sandra Scott - Rhonda Burnough - Tangie Herring text_version: Introduced has_text: true legiscan_url: https://legiscan.com/GA/bill/HB773/2025 upstream_id: 2007001 summaries_model: claude-sonnet-5 topic_tags: - public employee pensions - teacher retirement system - school support staff - state retirement law --- # HB 773. Retirement and pensions; permit certain persons to make an irrevocable election to become members of the Teachers Retirement System ## Text 25 LC 56 0232 House Bill 773 By: Representatives McQueen of the 61st, Berry of the 56th, Bell of the 75th, Scott of the 76th, Burnough of the 77th, and others A BILL TO BE ENTITLED AN ACT To amend Title 47 of the Official Code of Georgia Annotated, re lating to retirement and1 pensions, so as to permit certain persons who would otherwise b e required to be members2 of the Public School Employees Retirement System to make an irr evocable election to3 become members of the Teachers Retirement System of Georgia; to provide for conditions;4 to prohibit transfers of creditable service; to provide for related matters; to provide conditions5 for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is9 amended in Chapter 3, relating to the Teachers Retirement System of Georgia, by revising10 paragraph (28) of Code Section 47-3-1, relating to definitions, as follows:11 "(28) 'Teacher' means a permanent status employee employed not less than half time as12 follows:13 (A) Employees of a public school or a local board of education with the exception of14 those employees required to be members of the Public School Employees Retirement15 System as governed by Chapter 4 of this title; 16 H. B. 773 - 1 - 25 LC 56 0232 (B) Public school lunchroom managers or supervisors, maintenan ce managers or17 supervisors, transportation managers or supervisors, and wareho use managers or18 supervisors who elect to participate in the retirement system pursuant to Code Section19 47-3-63;20 (C) Employees of the Board of Regents of the University System of Georgia with the21 exception of those employees who elect to participate in the Regents Retirement Plan22 as governed by Chapter 21 of this title and maintenance and cus todial employees23 employed prior to July 1, 1978, who elected to forgo membership;24 (D) Employees of any regional educational service agency created pursuant to Part 1125 of Article 6 of Chapter 2 of Title 20;26 (E) Certified professional personnel employed for the first time by the Department of27 Education on and after July 1, 1983, unless such personnel elec t membership in the28 Employees' Retirement System of Georgia pursuant to subsection (h) of Code Section29 47-3-60, and any employee of the Department of Education employ ed in a teaching,30 supervisory, or clerical capacity;31 (F) Certified professional personnel employed by the Departmen t of Education and32 who become members of this retirement system pursuant to the authority of subsection33 (i) of Code Section 47-3-60;34 (G) Professional personnel employed for the first time by the Technical College35 System of Georgia on and after July 1, 1985, and all nonprofess ional personnel36 employed for the first time after July 1, 1987, by postsecondar y vocational-technical37 schools governed by the Technical College System of Georgia if otherwise eligible38 under laws, rules, and regulations, unless such personnel elect membership in the39 Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section40 47-3-60;41 H. B. 773 - 2 - 25 LC 56 0232 (H) Personnel employed by the Department of Education who are authorized to elect42 and elect to become or remain members of the retirement system pursuant to the43 applicable provisions of Code Section 47-3-60;44 (I) Employees of any school operated by the Department of Education; and45 (J) Librarians and clerical personnel employed by regional and county libraries. Any46 of such librarians and clerical personnel who were members of a local retirement47 system on January 1, 1977, and who elected to remain members of such local48 retirement system shall not be required to become members of this retirement system,49 or if they were members of this retirement system on that date, they may withdraw from50 such membership. This election must have been made, in writing , to the board of51 trustees by not later than January 1, 1978. Any of such librarians and clerical personnel52 failing to so notify the board of trustees by that date shall be members of this retirement53 system; and54 (K) Any person who would have been a member of the Public Scho ol Employees55 Retirement System established under Chapter 4 of this title, except that he or she made56 an irrevocable election to participate in this retirement syste m pursuant to the57 provisions of Code Section 47-3-69 and subsection (f) or (g) of Code Section 47-4-40.58 The term 'teacher' shall not be deemed to include any emergency or temporary employee. 59 The term 'teacher' shall not include an individual classified b y an employer as an60 independent contractor or a leased employee within the meaning of Section 414(n) of the61 federal Internal Revenue Code, even if such individual is later reclassified by the Internal62 Revenue Service as a common law employee. The board of trustees shall determine in63 doubtful cases whether any person is included within the defini tion set forth in this64 paragraph."65 SECTION 2.66 Said title is further amended in said chapter by adding a new Code section to read as follows:67 H. B. 773 - 3 - 25 LC 56 0232 "47-3-69.68 (a) Each eligible person who makes an irrevocable election to become a member of this69 retirement system pursuant to subsection (f) or (g) of Code Section 47-4-40 shall become70 a member of this retirement system subject to the provisions of this chapter at such time71 except as provided otherwise in this Code section or subsection (f) or (g) of Code Section72 47-4-40. Upon becoming a member, he or she shall begin making the employee73 contributions required by Code Section 47-3-40, his or her employer shall begin making74 the employer contributions required by paragraph (1) of Code Se ction 47-3-43, and the75 state shall pay its share as required by paragraph (2) of Code Section 47-3-43.76 (b) No person who becomes a member of this retirement system pursuant to subsection (f)77 or (g) of Code Section 47-4-40 shall be eligible for any creditable service in this retirement78 system other than actual membership service and military credit able service pursuant to79 Code Section 47-1-62."80 SECTION 3.81 Said title is further amended in Chapter 4, relating to the Pub lic School Employees82 Retirement System, by revising paragraph (20) of Code Section 4 7-4-2, relating to83 definitions, as follows:84 "(20) 'Public school employee' or 'employee' means:85 (A) All a l l those employees of public schools including postsecondary86 vocational-technical schools governed by the Technical College System of Georgia87 who are not eligible for membership in the Teachers Retirement System of Georgia or88 the Employees' Retirement System of Georgia. The term specifically includes, but is89 not limited to, school bus drivers, school lunchroom personnel, school maintenance90 personnel, and school custodial personnel.91 (B) The term does not include teachers or any school personnel who are now, or may92 hereafter become, covered by the Teachers Retirement System of Georgia or the93 H. B. 773 - 4 - 25 LC 56 0232 Employees' Retirement System of Georgia, any person on the payroll of a third party94 with whom an employer has contracted for the provision of such person's services, or95 any person classified by an employer as other than a common law employee for federal96 tax purposes, even if a court or administrative agency determines that such person is a97 common law employee and not an independent contractor for federal tax purposes.98 (C) Certain public school employees, as defined in subparagraph (A) of this99 paragraph, shall have the option to become members of the Teach ers Retirement100 System of Georgia in accordance with subsection (d), (f), or (g ) o f C o d e S e c t i o n101 47-4-40 or to become members of the Employees' Retirement Syste m of Georgia in102 accordance with subsection (e) of Code Section 47-4-40, and exc ept as provided by103 such subsections, any public school employee becoming a member of the Teachers104 Retirement System of Georgia or the Employees' Retirement System of Georgia shall105 cease to be a member of the retirement system created by this chapter."106 SECTION 4.107 Said title is further amend in said chapter by adding two new s ubsections to Code Section108 47-4-40, relating to eligibility, leaves of absence, termination, and transfer of service credits,109 to read as follows:110 "(f)(1) Any person who, on or after September 2, 2026, becomes a permanent status111 employee employed not less than half time and subject to the provisions of subsection (a)112 of this Code section may make a one-time irrevocable election to become a member of113 the Teachers Retirement System of Georgia in accordance with th e provisions of this114 subsection and Code Section 47-3-69. Such election shall be made within ten days after115 becoming so employed and shall be exercised by notification, in writing, to the respective116 boards of trustees of such retirement systems.117 (2) No person who makes the election allowed by paragraph (1) of this subsection shall:118 (A) Become a member of this retirement system; or119 H. B. 773 - 5 - 25 LC 56 0232 (B) Be eligible to transfer any creditable service to the Teachers Retirement System of120 Georgia.121 (3) It shall be the duty and responsibility of local units of administration and122 postsecondary vocational-technical schools governed by the Technical College System123 of Georgia to notify persons who become employed and are eligible to make an election124 pursuant to paragraph (1) of this subsection of such option and to furnish such employees125 appropriate forms for the exercise of such option.126 (g)(1) Each contributing member of this retirement system who is a permanent status127 employee employed not less than half time on September 1, 2026, shall have the option128 to make an irrevocable election to become a member of the Teachers Retirement System129 of Georgia in accordance with the provisions of this subsection and Code Section130 47-3-69.131 (2) No person who makes the election allowed by paragraph (1) of this subsection shall:132 (A) Become a member of this retirement system; or133 (B) Be eligible to transfer any creditable service to the Teachers Retirement System of134 Georgia.135 (3) Any person who makes the election allowed by paragraph (1) of this subsection who136 has ten or more years of creditable service under this chapter may:137 (A) Withdraw their accumulated contributions from the fund, and upon withdrawing138 such contributions such personnel shall cease to be members of the retirement system;139 or140 (B) Elect to allow their accumulated contributions to remain i n the fund, and such141 personnel shall retain the vested rights established by Code Se ction 47-4-100. Upon142 exercising such option, however, any such personnel shall cease making contributions143 to the retirement system, and no additional creditable service shall be allowed under the144 retirement system.145 H. B. 773 - 6 - 25 LC 56 0232 (4) For any person who makes the election allowed by paragraph (1) of this subsection146 with less than ten years of creditable service under this chapt er, such person shall147 withdraw his or her accumulated contributions from the fund and thereupon cease to be148 a member of the retirement system.149 (5) It shall be the duty and responsibility of local units of administration and150 postsecondary vocational-technical schools governed by the Technical College System151 of Georgia to notify their employees who are eligible to make a n election pursuant to152 paragraph (1) of this subsection of such option and to furnish such employees appropriate153 forms for the exercise of such option."154 SECTION 5.155 This Act shall become effective on July 1, 2026, only if it is determined to have been156 concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia157 Annotated, the "Public Retirement Systems Standards Law"; other wise, this Act shall not158 become effective and shall be automatically repealed in its ent irety on July 1, 2026, as159 required by subsection (a) of Code Section 47-20-50.160 SECTION 6.161 All laws and parts of laws in conflict with this Act are repealed.162 H. B. 773 - 7 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. House Bill 773 would let certain Georgia public school support employees, such as bus drivers, lunchroom workers, and custodians, permanently opt out of the Public School Employees Retirement System and join the Teachers Retirement System instead. ### Plain-language summary Right now, many non-teaching public school employees, such as bus drivers, cafeteria workers, maintenance staff, and custodians, are required to be members of the Public School Employees Retirement System (PSERS) rather than the Teachers Retirement System of Georgia (TRS). HB773 would give two groups of these employees a one-time, irrevocable choice to join TRS instead. New employees hired on or after September 2, 2026 would have ten days after starting work to elect TRS membership. Current PSERS members as of September 1, 2026 would also get to make this election; those with ten or more years of PSERS service could withdraw their contributions or leave them in the fund and keep vested rights, while those with less than ten years would have to withdraw their contributions and leave PSERS. In all cases, no PSERS creditable service could be transferred into TRS. The law would only take effect July 1, 2026 if state actuaries certify it is funded under Georgia's Public Retirement Systems Standards Law; otherwise it is automatically repealed that same day. ### What it does - Creates a new Code Section 47-3-69 letting eligible public school employees become Teachers Retirement System (TRS) members through an irrevocable election. - Gives new employees hired on or after September 2, 2026 a ten-day window after starting work to elect TRS membership instead of the Public School Employees Retirement System (PSERS). - Gives current PSERS members as of September 1, 2026 a one-time option to switch permanently to TRS, with different withdrawal rules depending on years of service. - Bars anyone who elects to move to TRS from transferring their existing PSERS creditable service into the TRS system. - Requires local school districts and technical colleges to notify eligible employees of the election option and provide the required paperwork. - Makes the entire Act contingent on state funding certification, automatically repealing it on July 1, 2026 if that certification does not happen. ### Who it affects Public school support employees such as bus drivers, lunchroom workers, maintenance staff, and custodians who currently must join PSERS; new hires in those roles starting after September 2, 2026; local school districts and technical colleges, which must administer the elections; and the trustees of both the TRS and PSERS retirement funds. ### Why it matters Employees currently locked into PSERS would gain a path to the Teachers Retirement System, which could offer different benefits, but the choice is permanent and does not carry over past years of service credit. Some longtime employees could lose retirement credit if they switch, changing their future pension calculations. ### Key provisions - Section 1 revises the definition of 'teacher' in O.C.G.A. § 47-3-1 to include people who make the new irrevocable election into TRS under proposed Code Section 47-3-69. - Section 2 creates Code Section 47-3-69, requiring anyone who elects TRS membership to start paying TRS employee contributions once they join. - Section 3 revises O.C.G.A. § 47-4-2's definition of 'public school employee' to reflect the new election options under Code Section 47-4-40. - Section 4 adds subsection (f) letting new employees hired on or after September 2, 2026 elect TRS membership within ten days of employment. - Section 4 adds subsection (g) letting existing PSERS members as of September 1, 2026 elect TRS membership, with withdrawal rules split by whether they have ten or more years of PSERS service. - Neither new election option allows any transfer of PSERS creditable service into TRS. - Section 5 makes the Act effective July 1, 2026 only if funded under the Public Retirement Systems Standards Law (Chapter 20 of Title 47); otherwise it is automatically repealed that date. ## Status - Status: Introduced (2025-03-13) - Last action: House Second Readers (2025-03-20) - Sponsors: Mekyah McQueen, Bryce Berry, Eric Bell, Sandra Scott, Rhonda Burnough, Tangie Herring - Official page: https://www.legis.ga.gov/legislation/71358 > The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb773.md?full=1