HB 37: Education; require local school systems to notify employees regarding social security withholdings and eligibility for certain benefits

House Bill 37 (AS PASSED HOUSE AND SENATE)

By: Representatives Leverett of the 123rd, Ballard of the 147th, and Hilton of the 48th

A BILL TO BE ENTITLED

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to require local school systems to provide notice to employees regarding social security withholdings and eligibility for inclusion in certain benefits, pension, or retirement plans; to provide for the payment of the costs of health insurance coverage for family members of local board of education members; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-55, relating to per diem, insurance, and expenses of local board members, by revising paragraph (1) of subsection (b) as follows: "(b)(1) A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, a policy secured by an organization of local school boards, or in accordance with Code Section 45-18-5 providing for the inclusion of members of the local board of education and their spouses and dependents within any health insurance plan or plans established under Article 1 of Chapter 18 of Title 45. It shall be the duty of the board to make the employer contributions required for the operation of such plan or plans. Except as provided in paragraph (3) of this subsection, a board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member. It shall be the duty of the board to deduct from the salary or other remuneration of qualified members or otherwise collect such payment from the qualified members or dependents."

SECTION 2.

Said chapter is further amended by adding a new Code section to read as follows:

"20-2-219.1.

(a) Beginning July 1, 2025, and continuing thereafter, each local school system shall, upon hiring a new employee, provide such new employee the following:

(1) Notice of whether:

(A) Social security taxes will be withheld from his or her pay;

(B) He or she is eligible to be included in a plan with coverage for the benefits of Title II of the Social Security Act; and

(C) He or she is eligible to be included in any other pension or retirement plan; and

(2) If he or she is eligible to be included in one or more plans provided for in subparagraph (B) or (C) of paragraph (1) of this subsection, information regarding such plan or plans.

(b) No later than December 31, 2025, and at least once every five years thereafter, each local school system shall provide each current employee with the notice required in paragraph (1) of subsection (a) of this Code section.

(c) Beginning July 1, 2025, and continuing thereafter, each local school system shall notify each employee at or near the time of such employee's separation whether social security taxes were withheld from his or her pay during any part of his or her employment."

SECTION 3.

This Act shall become effective on July 1, 2025.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.