08 LC 37
0682S/AP
House
Bill 1277 (AS PASSED HOUSE AND SENATE)
By:
Representatives Kaiser of the
59th
and Holt of the
112th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to health insurance plans for teachers and other
school personnel in elementary and secondary education, so as to provide for
teachers and employees of charter schools to be considered employees for
purposes of participating in the health insurance plans for teachers and other
school personnel; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to health insurance plans for teachers and other school
personnel in elementary and secondary education, is amended in Code Section
20-2-880, relating to definitions relative to a health plan for public school
teachers, by revising paragraphs (3) and (4) as follows:
"(3)
'Local employer' means the county or independent board of education,
a charter
school, regional and county libraries, and
the governing authority of Georgia Military College.
(4)
'Public school teacher,' 'teacher,' and 'employee' mean any person employed not
less than half time in a professionally certificated capacity or position in the
public school systems of this state. 'Public school teacher,' 'teacher,' and
'employee' also mean librarians and other personnel employed by regional and
county libraries or the high school program of Georgia Military College.
'Public school teacher,' 'teacher,' and 'employee' also mean any professionally
certificated person who has acquired ten years or more of creditable service and
who is being paid retirement benefits by the Teachers Retirement System of
Georgia, Chapter 3 of Title 47, or by any other public school teacher retirement
system in this state.
'Public school
teacher,' 'teacher,' and 'employee' also mean any person employed not less than
half time and compensated in a professionally certificated capacity or position
in a charter school in this state established pursuant to Article 31 of Chapter
2 of Title 20 if such charter school elects upon initial approval of its charter
or, if such charter school is an existing charter school, elects upon notice by
the health insurance plan provided in this part or upon the expiration of its
current health care plan or by no later than December 31, 2009, to participate
in the health insurance plan established pursuant to this
subpart. 'Public school teacher,'
'teacher,' and 'employee' shall not be deemed to include any emergency or
temporary employee. Notwithstanding this definition or any other provision of
this subpart, the board may, by regulation, make available to employees who work
17 1/2 hours or more per week such benefits as are required to be made
available to such employees by regulations of the United States Internal Revenue
Service or any other federal authority."
SECTION
2.
Said
part is further amended in Code Section 20-2-910, relating to definitions
relative to a health plan for public school employees, by revising paragraph (3)
as follows:
"(3)
'Public school employee' means an 'employee' as defined in paragraph (20) of
Code Section 47-4-2. 'Public school employee' also means classroom aides,
paraprofessionals, and noncertified administrative and clerical personnel. It
is specifically provided, however, that the term 'public school employee' shall
not include any emergency or temporary employee or any other employee who works
in a position otherwise covered by such term less than 60 percent of the time
required to carry out the duties of such position.
'Public school
employee' also means any person, other than an employee in a professionally
certificated capacity or position, employed not less than half time and
compensated in a charter school in this state established pursuant to Article 31
of Chapter 2 of Title 20 if such charter school elects upon initial approval of
its charter or, if such charter school is an existing charter school, elects
upon notice by the health insurance plan provided in this part or upon the
expiration of its current health care plan to participate in the health
insurance plan established pursuant to this
subpart. Notwithstanding this definition
or any other provision of this subpart, the board may, by regulation, make
available to employees who work 17 1/2 hours or more per week such benefits
as are required to be made available to such employees by regulations of the
United States Internal Revenue Service or any other federal
authority."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.