HB 987: Voluntary Portable Benefit Plan Act; enact

Independent contractors in Georgia, such as gig workers or freelancers, generally do not get employer-provided benefits like health insurance or retirement plans because they are not classified as employees. This bill creates a new legal framework allowing any person or business, including app-based companies, to voluntarily put money into a 'portable benefit account' owned by the contractor. The contractor controls the account and can use the funds toward benefit plans such as health insurance, disability insurance, life insurance, retirement savings, or related costs. Contributions can also come from money withheld from the contractor's pay, but only if the contractor agrees in writing, the agreement is clearly spelled out in the contract, the withholding is opt-in, and the contractor can stop it at any time. Importantly, making these contributions does not make the paying business an 'employer' or turn the contractor's work into 'employment' under Georgia's unemployment insurance law (O.C.G.A. Chapter 8 of Title 34). The law is called the 'Voluntary Portable Benefit Plan Act' and takes effect upon repeal of conflicting laws.

• Creates a new legal category called a 'portable benefit account' that an independent contractor owns and controls, funded by voluntary contributions from any person or business.
• Allows contributions to come from withheld pay only if there is a clear written agreement, the contractor opts in, and the contractor can opt out at any time.
• Defines who can manage these accounts: banks, financial institutions, investment management firms, or tech providers working with them.
• Specifies that portable benefit plans can cover health insurance, unemployment insurance, disability insurance, life insurance, or retirement benefits.
• States that making these voluntary contributions does not make the paying business an 'employer' or reclassify the contractor as an 'employee' under Georgia's employment security law.

Independent contractors, including gig and app-based workers, who could gain portable benefit accounts; businesses and apps that hire contractors and may choose to contribute; and banks, financial institutions, and investment firms that could serve as account providers under the new framework.

Contractors could gain access to benefits like retirement savings or insurance that are normally tied to traditional employment, without losing their independent contractor status. Businesses could offer these benefits without risking reclassification as employers, which affects unemployment insurance and other legal obligations under Georgia law.

• Section 1 gives the law its short title, the 'Voluntary Portable Benefit Plan Act.'
• Section 2 adds a new Code section (O.C.G.A. § 34-8-43.1) defining key terms: hiring party, independent contractor, portable benefit account, portable benefit account provider, and portable benefit plan.
• Subsection (b) allows any person or entity, including internet or app-based businesses, to voluntarily contribute funds to a contractor's portable benefit account.
• Subsection (c) permits contributions to come from withheld pay only with a clear written opt-in agreement that the contractor can cancel at any time.
• Subsection (d) states that these voluntary contributions do not make the contributing party an employer or reclassify the contractor's work as employment under existing Georgia law (O.C.G.A. §§ 34-8-33 and 34-8-35).
• Section 3 repeals any conflicting laws.

1. 2026-05-11Effective Date 2026-07-01
2. 2026-05-11Act 466
3. 2026-05-11House Date Signed by Governor (Cámara de Representantes)
4. 2026-04-06House Sent to Governor (Cámara de Representantes)
5. 2026-03-20Senate Passed/Adopted (Senado)
6. 2026-03-20Senate Third Read (Senado)
7. 2026-03-19Senate Read Second Time (Senado)
8. 2026-03-18Senate Committee Favorably Reported (Senado)

• Todd Jones (R, HD-025)Patrocinador principal
• Brad Thomas (R, HD-021)
• Victor Anderson (R, HD-010)
• Mike Cameron (R, HD-001)
• Carter Barrett (R, HD-024)
• Shawn Still (R, SD-048)

1. AprobadaVotación: Cámara de Representantes17 de febrero de 2026

   108 a favor, 52 en contra (5 sin votar, 10 ausentes)

   Passage: House Vote #521

2. AprobadaVotación: Senado20 de marzo de 2026

   44 a favor, 1 en contra (3 sin votar, 6 ausentes)

   Passage: Senate Vote #773

• independent contractors
• gig workers
• employee benefits
• employment law
• retirement and health benefits