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House · Passed · 2025-2026 Regular Session

HB 987: Voluntary Portable Benefit Plan Act; enact

Last action July 1, 2026 · Effective Date

House Bill 987 creates a voluntary system letting businesses or apps contribute money into portable benefit accounts for independent contractors, without those contributions turning the worker into an employee under Georgia law.

Read the full bill text

These buttons carry the bill's own text, not the summaries below. Copy for LLM, View as markdown, and Send to AI use the Markdown version: the text as filed, then the summaries under a heading that names them as ours. View raw is the text alone.

The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.

In plain language

Independent contractors in Georgia, such as gig workers or freelancers, generally do not get employer-provided benefits like health insurance or retirement plans because they are not classified as employees. This bill creates a new legal framework allowing any person or business, including app-based companies, to voluntarily put money into a 'portable benefit account' owned by the contractor. The contractor controls the account and can use the funds toward benefit plans such as health insurance, disability insurance, life insurance, retirement savings, or related costs. Contributions can also come from money withheld from the contractor's pay, but only if the contractor agrees in writing, the agreement is clearly spelled out in the contract, the withholding is opt-in, and the contractor can stop it at any time. Importantly, making these contributions does not make the paying business an 'employer' or turn the contractor's work into 'employment' under Georgia's unemployment insurance law (O.C.G.A. Chapter 8 of Title 34). The law is called the 'Voluntary Portable Benefit Plan Act' and takes effect upon repeal of conflicting laws.

What the bill does

  • Creates a new legal category called a 'portable benefit account' that an independent contractor owns and controls, funded by voluntary contributions from any person or business.
  • Allows contributions to come from withheld pay only if there is a clear written agreement, the contractor opts in, and the contractor can opt out at any time.
  • Defines who can manage these accounts: banks, financial institutions, investment management firms, or tech providers working with them.
  • Specifies that portable benefit plans can cover health insurance, unemployment insurance, disability insurance, life insurance, or retirement benefits.
  • States that making these voluntary contributions does not make the paying business an 'employer' or reclassify the contractor as an 'employee' under Georgia's employment security law.

Who it affects

Independent contractors, including gig and app-based workers, who could gain portable benefit accounts; businesses and apps that hire contractors and may choose to contribute; and banks, financial institutions, and investment firms that could serve as account providers under the new framework.

Why it matters

Contractors could gain access to benefits like retirement savings or insurance that are normally tied to traditional employment, without losing their independent contractor status. Businesses could offer these benefits without risking reclassification as employers, which affects unemployment insurance and other legal obligations under Georgia law.

Key provisions

  • Section 1 gives the law its short title, the 'Voluntary Portable Benefit Plan Act.'
  • Section 2 adds a new Code section (O.C.G.A. § 34-8-43.1) defining key terms: hiring party, independent contractor, portable benefit account, portable benefit account provider, and portable benefit plan.
  • Subsection (b) allows any person or entity, including internet or app-based businesses, to voluntarily contribute funds to a contractor's portable benefit account.
  • Subsection (c) permits contributions to come from withheld pay only with a clear written opt-in agreement that the contractor can cancel at any time.
  • Subsection (d) states that these voluntary contributions do not make the contributing party an employer or reclassify the contractor's work as employment under existing Georgia law (O.C.G.A. §§ 34-8-33 and 34-8-35).
  • Section 3 repeals any conflicting laws.

From the bill

“Voluntary contributions by a person or entity to a portable benefit account of an independent contractor as provided for in subsections (b) and (c) of this Code section shall not cause such person or entity to be classified as an employer”

This clarifies that funding a contractor's benefit account does not make the payer an employer under Georgia law.

“(4) The independent contractor may choose to opt out of such withholding at any time.”

Contractors retain the right to stop pay withholding for benefit contributions whenever they choose.

Discussed in meetings (13)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

  1. House Industry and Labor Committee, January 28, 2026

    From 0:07:49 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said the bill would let independent contractors voluntarily direct part of their payments into accounts for insurance, retirement and other benefits. The sponsor said workers could opt out, would control their money, and could keep benefits when changing jobs. Members questioned taxation, withdrawals, oversight, disputes, company contributions and worker classification. The sponsor said existing tax rules would apply, financial institutions would administer accounts, and dispute procedures were covered elsewhere in law. The sponsor said company contributions were neither required nor prohibited. Several members questioned why legislation was needed and whether it could encourage replacing employees with contractors. The sponsor said workers could already save independently, but the bill would enable company-arranged accounts without participation changing contractor status. Asked whether company-provided benefits currently affect classification, the sponsor did not give a definitive answer. Another member suggested competition could encourage matching contributions. A witness for the R Street Institute supported the bill as clarification rather than a major legal change. The witness cited a national poll showing 80% of self-employed workers wanted portable benefits and a Georgia pilot with nearly one-quarter participation. The committee approved the bill by voice vote for Rules consideration, with no numerical total announced.

  2. House Rules Committee, February 2, 2026

    From 0:38:24 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said HB 987 would let independent contractors voluntarily direct part of their pay into a dedicated account for benefits such as health and dental coverage, unemployment insurance and retirement savings. The sponsor said the share of Georgians doing independent contract work, including side jobs, had grown from one in six 15 years ago to one in four. No questions or calendar action followed.

  3. House Rules Committee, February 17, 2026

    From 1:01:17 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The committee placed the bill on the day's calendar after a motion and second, with no stated opposition. The bill's substance was not discussed.

  4. House floor session, February 17, 2026 (legislative day 19)

    From 2:35:55 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 642

    Summary by Georgia Commons: The sponsor said HB 987 would let independent contractors voluntarily use portable benefit accounts for health and dental insurance, retirement, unemployment and other needs. The sponsor said one in four Georgians did contract or side-gig work, compared with one in six 15 years earlier, and argued benefits should follow individuals rather than employers. One opposing speaker said companies could already offer benefits and argued the bill would shield app-based companies from employee-misclassification claims while weakening access to wage, insurance and other employment protections. A second opponent warned it could encourage businesses to replace employees with contractors and asked for more protections for employees. Asked about taxes on account contributions, the second opponent said their understanding was that contributions were not pretax. The majority leader asked whether portable accounts could help independent workers save for healthcare and retirement as they changed jobs. The second opponent agreed with that goal but maintained the bill needed more work to protect existing employees. The House passed the bill, 109 to 53.

  5. Senate Insurance and Labor Committee, March 17, 2026

    From 0:22:01 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said HB 987 would let independent contractors voluntarily direct part of their earnings into an account for health, dental, disability and other benefits, while assuring hiring businesses that participation would not change contractors into employees. The sponsor said one in four Georgians now do some independent-contract work, compared with one in six 15 years ago. Responding to members, the sponsor said the bill would not change tax treatment, contractors would own and control provider-administered accounts without a vesting period, and contractors would remain responsible for covering premium shortfalls. Asked why legislation was needed when contractors can already save for benefits, the sponsor said businesses fear that helping direct payments could affect worker classification. A witness for the R Street Institute supported explicitly protecting voluntary contributions from being treated as evidence of employment. That witness cited roughly 1.2 million uninsured Georgians, polling showing 80 percent of self-employed workers wanted portable benefits, and nearly one-quarter participation in a Georgia pilot. A witness for Americans for Prosperity supported flexibility in work choices. A Georgia Center for Opportunity witness said an Atlanta DoorDash pilot was popular with drivers and the company. The committee unanimously voted do pass, then discussed who would carry the bill in the Senate.

  6. Senate Rules Committee, March 19, 2026

    From 0:12:18 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor described the bill as allowing portable health benefits for independent contractors while ensuring that a hiring entity's participation would not turn those contractors into employees. No questions followed. The committee later unanimously included it in its floor calendar.

  7. Senate floor session, March 20, 2026 (legislative day 35)

    From 4:14:29 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)

    Summary by Georgia Commons: The sponsor said HB 987 would let independent contractors establish portable benefit accounts and opt into fixed-dollar or percentage contributions connected to their work. The sponsor argued the accounts would expand health insurance access for people without traditional employee benefits and cited support from real estate, small-business and chamber organizations. The clerk described voluntary participation, an ability to opt out, and a provision preventing contributions from establishing an employment relationship. A second senator supported the measure, saying benefits tied to traditional employment no longer fit many workers, including consultants and people starting businesses. That senator argued portable benefits could improve financial security and make it easier to leave a job to start a company. No questions or opposing speeches followed. The Senate passed the bill 44-1.

Status timeline

  1. 2026-07-01Effective Date
  2. 2026-05-11Act 466
  3. 2026-05-11House Date Signed by Governor (House)
  4. 2026-04-06House Sent to Governor (House)
  5. 2026-03-20Senate Passed/Adopted (Senate)
  6. 2026-03-20Senate Third Read (Senate)
  7. 2026-03-19Senate Read Second Time (Senate)
  8. 2026-03-18Senate Committee Favorably Reported (Senate)
Show full history (15 actions)
  1. 2026-02-18Senate Read and Referred (Senate)
  2. 2026-02-17House Passed/Adopted (House)
  3. 2026-02-17House Third Readers (House)
  4. 2026-01-29House Committee Favorably Reported (House)
  5. 2026-01-27House Second Readers (House)
  6. 2026-01-16House First Readers (House)
  7. 2026-01-15House Hopper (House)

Sponsors

  • Todd Jones (R, HD-25)Primary sponsor
  • Brad Thomas (R, HD-21)
  • Victor Anderson (R, HD-10)
  • Mike Cameron (R, HD-1)
  • Carter Barrett (R, HD-24)
  • Shawn Still (R, SD-48)

Votes

  1. PassedHouse voteFebruary 17, 2026

    109 yea, 53 nay (5 not voting, 10 excused)

    PASSAGE: House Vote #521

  2. PassedSenate voteMarch 20, 2026

    44 yea, 1 nay (3 not voting, 6 excused)

    PASSAGE: Senate Vote #773

Topics

  • independent contractors
  • gig workers
  • employee benefits
  • employment law
  • retirement and health benefits

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