Georgia SB 209: University System of GA; Student Advisory Council and the Faculty Advisory Council; create; powers, duties, authorities and functions; provide

Bill Text

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The Senate Committee on Retirement offered the following
substitute to SB 209:
A BILL TO BE ENTITLED
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and1
pensions, so as to permit certain persons who would otherwise be required to be members2
of the Public School Employees Retirement System to make an irrevocable election to3
become members of the Teachers Retirement System of Georgia; to provide for certain4
employers to elect to offer such benefit to certain employees; to provide for conditions; to5
prohibit transfers of creditable service; to provide for notification; to provide for related6
matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting7
laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is11
amended in Chapter 3, relating to the Teachers Retirement System of Georgia, by revising12
paragraph (28) of Code Section 47-3-1, relating to definitions, as follows:13
"(28) 'Teacher' means a permanent status employee employed not less than half time as14
follows:15
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(A) Employees of a public school or a local board of education with the exception of16
those employees required to be members of the Public School Employees Retirement17
System as governed by Chapter 4 of this title; 18
(B) Public school lunchroom managers or supervisors, maintenance managers or19
supervisors, transportation managers or supervisors, and warehouse managers or20
supervisors who elect to participate in the retirement system pursuant to Code Section21
47-3-63;22
(C) Employees of the Board of Regents of the University System of Georgia with the23
exception of those employees who elect to participate in the Regents Retirement Plan24
as governed by Chapter 21 of this title and maintenance and custodial employees25
employed prior to July 1, 1978, who elected to forgo membership;26
(D) Employees of any regional educational service agency created pursuant to Part 1127
of Article 6 of Chapter 2 of Title 20;28
(E) Certified professional personnel employed for the first time by the Department of29
Education on and after July 1, 1983, unless such personnel elect membership in the30
Employees' Retirement System of Georgia pursuant to subsection (h) of Code Section31
47-3-60, and any employee of the Department of Education employed in a teaching,32
supervisory, or clerical capacity;33
(F) Certified professional personnel employed by the Department of Education and34
who become members of this retirement system pursuant to the authority of subsection35
(i) of Code Section 47-3-60;36
(G) Professional personnel employed for the first time by the Technical College37
System of Georgia on and after July 1, 1985, and all nonprofessional personnel38
employed for the first time after July 1, 1987, by postsecondary vocational-technical39
schools governed by the Technical College System of Georgia if otherwise eligible40
under laws, rules, and regulations, unless such personnel elect membership in the41
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Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section42
47-3-60;43
(H) Personnel employed by the Department of Education who are authorized to elect44
and elect to become or remain members of the retirement system pursuant to the45
applicable provisions of Code Section 47-3-60;46
(I) Employees of any school operated by the Department of Education; and47
(J) Librarians and clerical personnel employed by regional and county libraries. Any48
of such librarians and clerical personnel who were members of a local retirement49
system on January 1, 1977, and who elected to remain members of such local50
retirement system shall not be required to become members of this retirement system,51
or if they were members of this retirement system on that date, they may withdraw from52
such membership. This election must have been made, in writing, to the board of53
trustees by not later than January 1, 1978. Any of such librarians and clerical personnel54
failing to so notify the board of trustees by that date shall be members of this retirement55
system; and56
(K) Any person who would have been a member of the Public School Employees57
Retirement System established under Chapter 4 of this title, except that he or she made58
an irrevocable election to participate in this retirement system pursuant to the59
provisions of Code Section 47-3-69 and subsection (f), (g), or (h) of Code60
Section 47-4-40.61
The term 'teacher' shall not be deemed to include any emergency or temporary employee. 62
The term 'teacher' shall not include an individual classified by an employer as an63
independent contractor or a leased employee within the meaning of Section 414(n) of the64
federal Internal Revenue Code, even if such individual is later reclassified by the Internal65
Revenue Service as