05 LC 21
8412S
The
Senate Retirement Committee offered the following substitute to HB
495:
A
BILL TO BE ENTITLED
AN ACT
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
certain employers may employ a person who was retired under the Teachers
Retirement System of Georgia on December 31, 2003, in a full-time capacity in
certain positions 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 beneficiary of
such retirement system and shall obtain no further credit toward retirement; to
provide that the employer 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 in certain covered positions 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' means a
member
beneficiary
of this retirement system who was retired on a service retirement on December
31, 2003.
(b)(1)
A
local
public
school system may employ a retired teacher as a full-time classroom teacher,
principal, superintendent, counselor,
or
librarian, or
improvement specialist and such person
shall be subject to the provisions of subsection (c) of this Code section;
provided, however, that a
member
retired
teacher 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
retired
teacher 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)
A regional educational service agency as defined in Code Section 20-2-270 may
employ a retired teacher as a full-time improvement specialist and such person
shall be subject to the provisions of subsection (c) of this Code
section.
(2)(3)
The salary paid to any retired teacher employed under this Code section shall be
commensurate with the position and the
individuaĺs
qualifications.
Teachers
Retired
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
beneficiary.
(3)(4)
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
beneficiary.
(c)
Any other provision of this article to the contrary notwithstanding, a retired
teacher may return to service as a classroom teacher, principal, superintendent,
counselor,
or
librarian, or
improvement specialist, and such
membeŕs
retired
teacheŕs
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
beneficiary.
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.