Senate Bill 150
By: Senators Hickman of the 4th, Anavitarte of the 31st, Gooch of the 51st, Kennedy of the
18th, Payne of the 54th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated,
relating to retirement allowances, disability benefits, and spouses' benefits, so as to remove
the requirement that certain subject areas be designated as an area of highest need for certain
beneficiaries of the Teachers Retirement System of Georgia to be hired to work in such
areas; to provide for the extension of provisions to 2030; to provide for areas of highest need
to be determined for a public school system rather than a RESA; to prohibit termination of
employment based on a change in a public school system's areas of highest need; to provide
for related matters; to provide conditions for an effective date and automatic repeal; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to
retirement allowances, disability benefits, and spouses' benefits, is amended by revising Code
Section 47-3-127.1, relating to full-time employment of beneficiaries permitted under limited
conditions, required employer contributions, and areas of highest need, as follows:
"47-3-127.1.
(a) From July 1, 2022, until June 30, <del>2026</del> <ins>2030,</ins> notwithstanding the provisions of Code
Section 47-3-127, to the extent and under the conditions provided for in this Code section,
a public school system may employ:
<ins>(1) A</ins> <del>a</del> beneficiary who has obtained 30 years of creditable service in this retirement
system in a full-time capacity as a certified teacher of pre-kindergarten through grade 12
who has as his or her primary responsibility the academic instruction of students in a
classroom in an area of highest need determined for the <del>RESA to which such</del> public
school system <del>is assigned,</del> provided that at least one year has expired from the effective
date of such beneficiary's retirement and he or she was not restored to service as a teacher
pursuant to Code Section 47-3-127 during such period of time.; <ins>or
(2) A beneficiary who has obtained 30 years of creditable service in this retirement
system in a full-time capacity as a certified teacher of pre-kindergarten through grade 12
who has as his or her primary responsibility the academic instruction and support of
students in the area of mathematics, special education, science, CTAE, reading, writing,
or English language arts, provided that such beneficiary in the area of reading, writing,
or English language arts holds a current dyslexia or reading endorsement approved by the
Professional Standards Commission, provided that at least one year has expired from the
effective date of such beneficiary's retirement and he or she was not restored to service
as a teacher pursuant to Code Section 47-3-127 during such period of time.
</ins> (b)(1) An individual employed as described in subsection (a) of this Code section shall
remain a beneficiary and shall continue to receive his or her retirement allowance and any
postretirement benefit adjustments for which he or she is eligible; provided, however, that
such service shall not constitute creditable service and shall not entitle such beneficiary
to a recomputation of retirement benefits upon cessation of such service.
(2) It shall be the duty of each beneficiary to notify an employer of his or her status as
a beneficiary prior to accepting employment with such employer.
(c)(1) Within 30 days of employing a beneficiary pursuant to this Code section, such
employer shall notify the board of trustees of such beneficiary's name, the amount of his
or her earnable compensation, a description of any other forms of remuneration to be
made, the number of hours to be worked, job responsibilities, and other such information
as the board of trustees may prescribe.
(2) An employer that employs a beneficiary pursuant to subsection (a) of this Code
section shall pay to the retirement system an amount equal to the product of:
(A) The combination of the rate required by this chapter for employer contributions
and employee contributions; and
(B) The earnable compensation of such beneficiary.
(3) A beneficiary shall not receive creditable service from or access to contributions
made as a result of payments required by paragraph (2) of this subsection, and he or she
shall be considered by the retirement system solely as a beneficiary.
(4) If an employer that is obligated to make contributions or reimbursements to the
retirement system pursuant to this Code section fails to make such contributions, any
unpaid amounts shall be deducted from any funds payable to such employer by the state,
including without limitation the Department of Education and the Board of Regents of
the University System of Georgia, and shall be paid to the retirement system.
(d)(1) As used in this Code section, 'area of highest need' means one of the three content
areas for which there are the greatest percentages of unfilled positions for classroom
teachers in a <del>RESA</del> <ins>public school system.
</ins> (2) The areas of highest need shall be determined for each <del>RESA</del> <ins>public school system
</ins> annually by the Department of Education after consultation with the Professional
Standards Commission. Such determinations shall be based upon a five-year average
review of a survey reported by local school systems to the Department of Education. The
areas of highest need for each <del>RESA</del> <ins>public school system</ins> shall be reported to the
retirement system on an annual basis beginning July 1, 2022, and ending
July 1, <del>2025</del> <ins>2029.
(e) No change in a public school system's areas of highest need shall require the
termination, resignation, or nonrenewal of any beneficiary previously hired under
subsection (a) of this Code section.
</ins> <del>(e)(f)</del> Prior to July 1, <del>2025</del> <ins>2029,</ins> the state auditor shall conduct and publish a performance
audit concerning the provisions of this Code section to include a determination of the value
and necessity of the full-time employment of beneficiaries as permitted by this Code
section, as well as the effects of such employment on the local school systems, the
Teachers Retirement System of Georgia, and the teacher workforce as a whole for this
state.
<ins>(f)(g)</ins> The provisions of this Code section shall not become part of the employment
contract and shall be subject to future legislation."
SECTION 2.
This Act shall become effective on July 1, 2026, only if it is determined to have been
concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia
Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not
become effective and shall be automatically repealed in its entirety on July 1, 2026, as
required by subsection (a) of Code Section 47-20-50.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.