---
title: O.C.G.A. § 20-3-329. Employees of commission transferred to authority; status of authority employees hired after July 1, 1996; status of transferred employees; benefits of transferred employees not impaired.
collection: code
id: 20-3-329
cite_as: O.C.G.A. § 20-3-329 (2025)
canonical_url: https://georgiacommons.org/code/20-3-329
md_url: https://georgiacommons.org/code/20-3-329.md
text_url: https://georgiacommons.org/code/20-3-329/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t20-ch3-18-(v17a)-2025-pdf.pdf?sfvrsn=10d12596_0#page=217
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: EDUCATION / POSTSECONDARY EDUCATION / SCHOLARSHIPS, LOANS, AND GRANTS / GEORGIA STUDENT FINANCE AUTHORITY / General Provisions
---

# O.C.G.A. § 20-3-329. Employees of commission transferred to authority; status of authority employees hired after July 1, 1996; status of transferred employees; benefits of transferred employees not impaired.

(a) All employees of the commission shall, on July 1, 1996, become employees of the authority, subject to the operating needs of the authority. Any employees of the commission whom the director gives the opportunity to elect to be transferred to the authority on July 1, 1996, shall be subject to the operating needs of the authority.

(b) Except for persons who transfer to the authority pursuant to subsection (a) of this Code section, no person who becomes an employee of the authority on or after July 1, 1996, shall be considered a state employee, no such person shall be considered an “employee” within the meaning of Chapter 2 of Title 47, and no such person shall be entitled to membership in the Employees’ Retirement System of Georgia.

(c) All persons who transfer to the authority pursuant to subsection (a) of this Code section and who, immediately prior to such transfer, are state employees in the unclassified service as defined in Code Section 45-20-2 shall remain in the unclassified service. All such persons who, immediately prior to the transfer, are state employees in the classified service as defined in Code Section 45-20-2 may elect to remain in the classified service; provided, however, that, if any such person accepts a promotion or transfer to another position, he or she shall become an employee in the unclassified service as defined by Code Section 45-20-2.

(d) The rights and benefits in the Employees’ Retirement System of Georgia and any employee benefits of any employee transferring to the authority pursuant to subsection (a) of this Code section shall not be impaired.

## History

Code 1981, § 20-3-329, enacted by Ga. L. 1996, p. 837, § 5; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-26/HB 642; Ga. L. 2025, p. 1029, § 20(37)/SB 153, effective July 1, 2025.

## Cross References

Teachers Retirement System of Georgia, § 47-3-1 et seq.

## Editor's Notes

Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides: “Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act.” This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides: “Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90.”

## Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (c).