---
title: HB 868. Public officers and employees; certain retiring county officers and their spouses and dependents be included in certain county health plans; provide
collection: bills
id: 2025-2026/hb868
cite_as: HB 868, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb868
md_url: https://georgiacommons.org/bills/2025-2026/hb868.md
text_url: https://georgiacommons.org/bills/2025-2026/hb868/text
source_url: https://www.legis.ga.gov/legislation/71790
date: 2026-03-06
status: introduced
corpus_version: bills-2026-09-13
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/hb867.md
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index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 249
omitted_url: https://georgiacommons.org/bills/2025-2026/hb868.md?full=1
bill_number: HB 868
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-03-27
last_action: House Committee Favorably Reported By Substitute
sponsors:
  - Eddie Lumsden
  - Mitchell Scoggins
  - Trey Kelley
  - Stan Gunter
  - Darlene Taylor
  - Matthew Gambill
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB868/2025
upstream_id: 2016092
summaries_model: claude-sonnet-5
topic_tags:
  - county government
  - health insurance
  - public employee benefits
  - retirement benefits
  - local officials
---

# HB 868. Public officers and employees; certain retiring county officers and their spouses and dependents be included in certain county health plans; provide

## Text

The House Committee on Governmental Affairs offers the following substitute to HB 868:
A BILL TO BE ENTITLED
AN ACT
To amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia
Annotated, relating to state employees' health insurance plan, so as to provide for certain
retiring county officers and the spouses and dependents of such officers to be included in
certain county health plans; to provide for definitions; to provide for the payment of
premiums; to provide for a formula to ensure savings are preserved; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated,
relating to state employees' health insurance plan, is amended in Code Section 45-18-5,
relating to county officers and employees, by adding a new subsection to read as follows:
<ins>"(b.1)(1) As used in this subsection, the term:
(A) 'County health plan' means a health insurance plan, health maintenance
organization, or other health benefits plan offered or provided by a county for its county
officers and the spouses and dependents of such officers.
</ins>
<ins>(B) 'Eligible county officer' means an individual who is at least the age of 55 and no
more than the age of 65, is retiring from a position as a county officer, and has served
at least 16 years in one or more of the following capacities: probate judge, sheriff, tax
commissioner or tax collector, clerk of the superior court, or county commissioner.
(2) On and after December 31, 2026, any eligible county officer may elect for himself
or herself and the spouse and dependents of such officer to be included in a county health
plan. The county governing authority of such officer shall pay 75 percent of any
premiums for such plan for such officer and the spouse and dependents of such officer
until such officer reaches the age of 65; provided, however, that such premium payment
shall not exceed the savings realized by such county based on the total gross salary paid
to such officer in his or her final 12 months of service minus the total gross salary due to
an individual serving as a new county officer for that position in his or her first 12 months
of service, using salaries provided for in Code Sections 15-6-88 through 15-6-91, 15-9-63
through 15-9-66, 15-16-20, 36-5-25, and 48-5-183."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

## 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.

A Georgia House bill would let certain retiring county officials, such as sheriffs, probate judges, and tax commissioners, keep county health coverage for themselves and their families, with the county covering most of the cost.

### Plain-language summary

Currently, Georgia county officers who retire generally lose access to their county health insurance plan. This bill amends the state law covering county officers' benefits (O.C.G.A. § 45-18-5) to let certain retiring county officers, and their spouses and dependents, stay on the county's health plan after retirement.

To qualify, an officer must be between 55 and 65 years old, be retiring, and have served at least 16 years as a probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, or county commissioner. Starting December 31, 2026, eligible officers could elect this coverage, and the county would pay 75 percent of the premiums until the officer turns 65. That payment is capped at whatever the county actually saves by replacing the retiring officer's salary with a new officer's lower starting salary, so the benefit cannot cost the county more than the savings it gets from the turnover.

### What it does

- Creates a new option for eligible retiring county officers to stay on their county's health insurance plan along with their spouse and dependents.
- Limits eligibility to officers aged 55 to 65 who served at least 16 years as probate judge, sheriff, tax commissioner or tax collector, clerk of superior court, or county commissioner.
- Requires the county to pay 75 percent of premiums for the retired officer and their family until the officer turns 65.
- Caps the county's premium payment at the salary savings created by replacing the retiring officer with a new officer at a lower starting salary.
- Sets the start date for this option as December 31, 2026.

### Who it affects

County officers such as probate judges, sheriffs, tax commissioners or tax collectors, clerks of superior court, and county commissioners who are nearing retirement, along with their spouses and dependents. County governing authorities, which must administer and help pay for the extended coverage, are also affected.

### Why it matters

Retiring county officials in these specific roles could keep affordable health coverage into their 60s instead of losing it upon retirement, while counties would only pay if the officer's replacement earns less, limiting the added cost to existing salary savings from turnover.

### Key provisions

- Section 1 adds a new subsection (b.1) to O.C.G.A. § 45-18-5 defining 'county health plan' and 'eligible county officer.'
- Eligible officers must be 55 to 65 years old and have served at least 16 years as probate judge, sheriff, tax commissioner or tax collector, clerk of superior court, or county commissioner.
- Beginning December 31, 2026, eligible officers may elect to keep themselves, their spouse, and dependents on the county health plan after retiring.
- The county must pay 75 percent of premiums until the officer turns 65, but only up to the amount the county saves in salary by hiring a replacement at a lower starting salary.
- Section 2 repeals any conflicting laws.

## Status

- Status: Introduced (2025-03-27)
- Last action: House Committee Favorably Reported By Substitute (2026-03-06)
- Sponsors: Eddie Lumsden, Mitchell Scoggins, Trey Kelley, Stan Gunter, Darlene Taylor, Matthew Gambill
- Official page: https://www.legis.ga.gov/legislation/71790

> The history, votes, and amendments (249 characters) are at https://georgiacommons.org/bills/2025-2026/hb868.md?full=1
