Georgia CommonsHB 987: Voluntary Portable Benefit Plan Act; enact
Enrolled version, the latest LegiScan holds · Last action May 11, 2026 · Passed
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
House Bill 987 (AS PASSED HOUSE AND SENATE)
By: Representatives Jones of the 25th, Thomas of the 21st, Anderson of the 10th, Cameron of the 1st, and Barrett of the 24th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for portable benefit plans and portable benefit accounts for independent contractors; to provide for definitions; to provide for voluntary contributions; to provide for independent contractors to opt in to withholdings; to provide for independent contractors to opt out at any time; to exclude voluntary contributions from establishing the classification of employer or employment; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Voluntary Portable Benefit Plan Act."
SECTION 2.
Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended in Article 2, relating to definitions, by adding a new Code section to read as follows:
"34-8-43.1.
(a) As used in this chapter, the term:
(1) 'Hiring party' means a person or entity that hires or enters into a contract for the performance of services by an independent contractor.
(2) 'Independent contractor' means an individual who performs services for a hiring party in exchange for compensation but is free from control or direction over the performance of such services, as set forth in subsection (f) of Code Section 34-8-35.
(3) 'Portable benefit account' means an account that is administered by a portable benefit account provider and owned and controlled by an independent contractor who can allocate funds within the account to pay for or into one or more portable benefit plans, to pay any costs for services related to one or more portable benefit plans, or to pay for other expenses as determined by such independent contractor.
(4) 'Portable benefit account provider' means a bank or financial institution that has federal deposit insurance; an investment management firm; a technology provider or program manager that offers portable benefit account services through a bank, financial institution, or investment management firm; or other legal entity that administers a portable benefit account in compliance with the provisions of this Code section.
(5) 'Portable benefit plan' means a plan that is held by an independent contractor and that provides for certain benefits, including, but not limited to, health insurance, unemployment insurance, disability insurance, life insurance, or retirement benefits for such independent contractor.
(b) Any person or entity, including, but not limited to, an internet or application based entity, may voluntarily contribute funds to a portable benefit account of an independent contractor.
(c) Voluntary contributions to a portable benefit account of an independent contractor as provided for in subsection (b) of this Code section may be made using funds withheld from compensation owed to such independent contractor, provided that:
(1) Withholding such compensation is expressed in a written agreement;
(2) Such written agreement is clear, unambiguous, and prominently displayed in the hiring contract or other contract with such independent contractor;
(3) Such withholding is voluntary and requires the independent contractor to opt in; and
(4) The independent contractor may choose to opt out of such withholding at any time.
(d) 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 as set forth in Code Section 34-8-33 nor cause services provided by such independent contractor to be classified as employment as set forth in Code Section 34-8-35."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.