hb495_LC_21_8160_a

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05 LC 21 8160

House Bill 495

By: Representatives Coleman of the 97th, Bridges of the 10th, Jamieson of the 28th, Cummings of the 16th, and Jones of the 46th

A BILL TO BE ENTITLED
AN ACT

To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouseś benefits under the Teachers Retirement System of Georgia, so as to provide that a local school system may employ a person who was retired under the Teachers Retirement System of Georgia on December 31, 2003, in a full-time capacity in any position and such persońs retirement benefit shall not be affected; to provide that such persońs salary shall be commensurate with his or her position and qualifications; to provide that any such person so employed shall continue to be a retired member of such retirement system and shall obtain no further credit toward retirement; to provide that the employing local school system shall pay the normal employeŕs contribution to the retirement system for such employee; to provide that any retired member of the Teachers Retirement System of Georgia may return to full-time employment with a local school system and such persońs retirement benefits shall not be affected; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouseś benefits under the Teachers Retirement System of Georgia, is amended by striking in its entirety Code Section 47-2-127.1, relating to the employment of a retired teacher as a full-time teacher or in other capacities, and inserting in lieu thereof the following:

"47-3-127.1.

(a) As used in this Code section, the term:

(1) 'Classroom teacher' means a certified teacher of pre-kindergarten through grade 12 employed by the public schools who has as his or her primary responsibility the academic instruction of students in a classroom.

(2) 'Retired teacher' 'retired teacher' means a member of this retirement system who was retired on a service retirement on December 31, 2003.

(b)(1) A local school system may employ a retired teacher as on a full-time basis classroom teacher, principal, superintendent, counselor, or librarian and such person shall be subject to the provisions of subsection (c) of this Code section; provided, however, that a member who retired as a principal may not be employed as a principal in the same school in which he or she was so employed prior to his or her retirement, and a member who retired as a school superintendent may not be employed as a school superintendent by the same school system in which such person was so employed prior to his or her retirement.

(2) The salary paid to any retired teacher employed under this Code section shall be commensurate with the position and the individuaĺs qualifications. Teachers paid under this Code section shall be reported to the state at the certificate and experience level at which the teacher is assigned. No such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher.

(3) A public school system employing a retired teacher subject to this subsection shall pay all employer contributions to this retirement system as otherwise provided in this chapter; provided, however, that no such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher.

(c) Any other provision of this article to the contrary notwithstanding, a retired teacher may return to full-time service as a classroom teacher, principal, superintendent, counselor, or librarian with a local school system and such membeŕs benefits under this article shall not be affected. Any such retired teacher so employed shall not be considered an active member of this retirement system and shall not accrue any additional benefits or further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher. The provisions of this subsection shall not become a part of the employment contract and shall be subject to future legislation."

SECTION 2.

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