Georgia CommonsSB 209: Teachers Retirement System of Georgia; members of the Public School Employees Retirement System to make an irrevocable election to become members; permit certain persons
Last action March 6, 2026 · Senate Tabled
A Senate bill would let certain public school support employees, such as bus drivers, custodians, and cafeteria workers, permanently switch from the Public School Employees Retirement System into the Teachers Retirement System of Georgia, but only if their employer opts in.
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 Comm Sub version, the latest LegiScan holds.
In plain language
Georgia currently requires many school support workers, like bus drivers, lunchroom staff, maintenance workers, and custodians, to be members of the Public School Employees Retirement System (PSERS) rather than the Teachers Retirement System of Georgia (TRS). This bill would let local school systems and technical colleges choose to become 'participating employers' that offer eligible employees a one time, irrevocable choice to join TRS instead of PSERS. Employees could make this switch when newly hired on or after January 2, 2027, or as existing PSERS members around January 1, 2027, or after their employer later opts in. Employees with ten or more years of PSERS service could keep their vested rights or withdraw their contributions; those with less service must withdraw contributions and leave PSERS. No creditable service could be transferred between the two systems. Employers who elect to participate must notify eligible employees and give them election forms. The law would take effect July 1, 2026, only if state actuaries certify it is funded under Georgia's Public Retirement Systems Standards Law; otherwise it automatically repeals that date.
What the bill does
- Creates a one-time, irrevocable option for certain Public School Employees Retirement System (PSERS) members to instead join the Teachers Retirement System of Georgia (TRS).
- Requires a local school system or technical college to first elect to become a 'participating employer' before its employees can be offered this choice.
- Bars anyone who switches systems from transferring their existing creditable service between PSERS and TRS.
- Sets different rules for employees with ten or more years of PSERS service (who may keep vested rights or withdraw contributions) versus those with less service (who must withdraw contributions).
- Requires participating employers to notify eligible employees of the option and provide the forms needed to make the election.
- Makes the whole Act's effectiveness contingent on state certification that it is funded under Georgia's Public Retirement Systems Standards Law, or else it repeals automatically on July 1, 2026.
Who it affects
Public school support staff such as bus drivers, cafeteria workers, maintenance and custodial employees currently in the Public School Employees Retirement System; local school districts and technical colleges under the Technical College System of Georgia, which must decide whether to become participating employers; and the boards of trustees of both the Teachers Retirement System and PSERS.
Why it matters
Eligible school support employees could move to a different state pension system with different benefit rules, but only if their employer agrees to offer the option and only within specific enrollment windows. The choice is permanent, and no past service credit carries over between the two systems.
Key provisions
- Section 1 revises the definition of 'teacher' in O.C.G.A. § 47-3-1 to include employees who make an irrevocable election into TRS under the new provisions.
- Section 2 adds new Code Section 47-3-69, requiring TRS members who switch to begin paying TRS employee contributions with matching employer and state contributions, but limiting their creditable service to actual membership and military service only.
- Section 3 revises O.C.G.A. § 47-4-2 to clarify which public school employees may opt into TRS or the Employees' Retirement System instead of remaining in PSERS.
- Section 4 adds subsections (f) through (i) to O.C.G.A. § 47-4-40, setting 30-day election windows for new hires (after January 2, 2027), current PSERS members (around January 1, 2027), and employees whose employer later opts in.
- Section 4 also specifies that employees with ten or more years of PSERS service may keep vested rights or withdraw contributions, while those with less service must withdraw contributions and leave PSERS.
- Section 4 defines 'participating employer' as a school system or technical college that has irrevocably elected to offer this option, and requires it to notify TRS and PSERS of that election.
- Section 5 makes the Act effective July 1, 2026, only if certified as funded under the Public Retirement Systems Standards Law (Chapter 20 of Title 47), otherwise it is automatically repealed that date.
From the bill
“Any person who would have been a member of the Public School Employees Retirement System established under Chapter 4 of this title, except that he or she made an irrevocable election to participate in this retirement system”
“No person who makes the election allowed by paragraph (1) of this subsection shall: (A) Become a member of this retirement system; or (B) Be eligible to transfer any creditable service to the Teachers Retirement System of Georgia.”
Status timeline
- Senate Tabled (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Russ Goodman (R, SD-008)
- Ricky Williams (R, SD-025)
- Drew Echols (R, SD-049)
- Elena Parent (D, SD-044)
- Billy Hickman (R, SD-004)
- Michael Rhett (D, SD-033)
- Harold Jones (D, SD-022)
- Sam Watson (R, SD-011)
- Freddie Sims (D, SD-012)
Topics
- teacher retirement
- public school employees
- pension systems
- state government benefits