HB 969: Georgia State Employees Post-employment Health Benefit Fund; certain fund beneficiaries to not be disqualified from postretirement health benefits; provide

Under current Georgia law, local school board members can join a health insurance plan through their board, but if a board member is already retired and receiving health coverage through a state retirement system, joining the board's plan can create dual eligibility that raises costs and can jeopardize the retiree's post-employment health benefits. This bill addresses that conflict for retirees who serve as elected school board members. The bill lets a local board of education member who is already a retiree decline the board's health insurance by signing a consent form, and directs the local board to mark that member as benefits ineligible for federal reporting purposes. It also adds a new Code section stating that a retiree cannot be disqualified from the state's post-employment health benefit fund just because they serve on a local school board, as long as they sign the same consent form. The Board of Community Health must create and publish that consent form and any needed rules by July 1, 2026. The law would take effect as soon as the Governor signs it.

• Allows local school board members who are already retirees to opt out of the board's health insurance plan by signing a consent form.
• Requires local boards to designate opted-out retiree board members as benefits ineligible for federal regulatory purposes.
• Adds a new Code section (O.C.G.A. § 45-18-29) protecting retirees from losing their state post-employment health benefits solely because they serve on a local school board.
• Requires the Board of Community Health to create and publish a consent form and any needed rules by July 1, 2026.
• Preserves a retiree's monthly retirement allowance and future benefit adjustments if they choose to keep their state retiree coverage instead of the school board's plan.

Retired state employees, teachers, and other public school employees who serve as elected members of local boards of education, along with local school boards that offer health insurance, the Board of Community Health, and the state retirement systems that manage post-employment health benefits.

Without this change, a retiree serving on a school board could face higher costs from dual insurance coverage or risk losing their state retiree health benefits. The bill gives these retirees a clear way to keep their existing coverage while still serving on a local school board.

• Section 1 amends O.C.G.A. § 20-2-55 to let school board members decline the board's group health insurance by completing a consent form.
• Section 1 also lets a board member who is already a retiree in the state health plan opt out of the board's coverage and requires the board to mark that member as benefits ineligible for federal purposes.
• Section 2 creates a new O.C.G.A. § 45-18-29 defining 'post-employment health plan,' 'retiree,' and 'state retirement system' for purposes of this protection.
• Section 2 states that a retiree cannot be disqualified from the post-employment health benefit fund solely for serving as an elected school board member if they sign the consent form.
• Section 2 requires the Board of Community Health to publish the consent form and any implementing rules by July 1, 2026.
• Section 3 sets the effective date as the date the Governor signs the bill or it becomes law without signature.

1. 2026-03-06House Committee Favorably Reported By Substitute (House)
2. 2026-02-18House Withdrawn, Recommitted (House)
3. 2026-02-12House Committee Favorably Reported By Substitute (House)
4. 2026-01-16House Second Readers (House)
5. 2026-01-15House First Readers (House)
6. 2026-01-14House Hopper (House)

• Rick Townsend (R, HD-179)Primary sponsor
• Lee Hawkins (R, HD-027)
• Gerald Greene (R, HD-154)
• Esther Panitch (D, HD-051)
• Tangie Herring (D, HD-145)
• Karen Mathiak (R, HD-082)

• state retiree health benefits
• school board members
• public employee insurance
• Georgia state employees