05 LC 21
8306
House
Bill 759
By:
Representatives Ray of the
136th
and James of the
135th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 47 of the Official Code of Georgia Annotated, relating to retirement
and pensions, so as to provide that persons employed by a regional educational
service agency shall have the option of becoming a member of the
Employeeś
Retirement System of Georgia or the Teachers Retirement System of Georgia; to
provide for procedures; to provide conditions for an effective date and
automatic repeal; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
47 of the Official Code of Georgia Annotated, relating to retirement and
pensions, is amended by inserting immediately following paragraph (16.5) of
Code Section 47-2-1, relating to definitions relative to the
Employeeś
Retirement System of Georgia, a new paragraph to read as follows:
"(16.6)
'Employee' shall not include personnel employed by a regional educational
service agency established pursuant to Code Section 20-2-270 who are authorized
to elect and elect to become or remain members of the Teachers Retirement System
of Georgia pursuant to applicable provisions of Chapter 3 of this
title."
SECTION
2.
Said
title is further amended by inserting immediately following subsection 47-3-60,
relating to eligibility for membership in the Teachers Retirement System of
Georgia, termination, leaves of absence, service credit for post-graduate study,
and transfer of service credit, a new subsection to read as
follows:
"(h.2)
Each person employed for the first time by a regional educational service agency
on and after July 1, 2006, who is not a member of the retirement system shall
become a member of the retirement system as a condition of employment, unless
such person elects membership in the
Employeeś
Retirement System of Georgia. Each person employed for the first time by a
regional educational service agency on or after July 1, 2006, who is a member of
this retirement system shall continue as a member of this retirement system
unless he or she elects membership in the
Employeeś
Retirement System of Georgia. Such election shall be made in writing to the
board of trustees of this retirement system and to the board of trustees of the
Employeeś
Retirement System of Georgia not later than 60 days following the first day of
employment. Once made, the election is irrevocable. Each regional educational
service agency shall be responsible for informing prospective employees of the
option provided for by this
subsection."
SECTION
3.
This
Act shall become effective on July 1, 2006, only if it is determined to have
been concurrently funded as provided in Chapter 20 of Title 47 of the Official
Code of Georgia Annotated, the "Public Retirement Systems Standards Law";
otherwise, this Act shall not become effective and shall be automatically
repealed in its entirety on July 1, 2006, as required by subsection (a) of Code
Section 47-20-50.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.