07 LC 33
2151
House
Bill 891
By:
Representatives Pruett of the
144th,
Roberts of the
154th,
Hembree of the
67th,
Carter of the
175th,
Porter of the
143rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 2 of Chapter 3 of Title 20 of the Official Code of
Georgia Annotated, relating to the board of regents, so as to provide for the
transfer of positions relating to the Georgia Aviation and Technical College; to
provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia
Annotated, relating to the board of regents, is amended by adding a new Code
section to read as follows:
"20-3-40.
(a)
All persons employed by and positions authorized for the Department of Technical
and Adult Education related to the operation and management of the Georgia
Aviation and Technical College on June 30, 2008, shall on July 1, 2008, be
transferred to the board of regents. Persons who have transferred to the board
of regents pursuant to this Code section who are in the classified service of
the state merit system at the time of the transfer may elect to remain in such
classified service and be governed by the provisions thereof; provided, however,
that if any such person accepts a promotion or transfers to another position
within the University System of Georgia, that person shall be classified as all
similarly situated employees of the board of regents.
(b)
Persons who are transferred to the board of regents pursuant to subsection (a)
of this Code section and who are members of the Employees´ Retirement
System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement
System of Georgia created in Chapter 3 of Title 47 may elect to continue
membership in the same retirement system in which such person already is a
member in accordance with applicable laws, rules, and regulations; provided,
however, that such election must be made by August 31, 2008. Failure to make an
election by August 31, 2008, shall mean that such employee shall remain a member
of the Employees´ Retirement System of Georgia or the Teachers Retirement
System of Georgia as applicable. All rights, credits, and funds in any such
retirement system which are possessed by state personnel transferred by
provisions of this chapter to the board of regents, or otherwise held by persons
at the time of employment with the board of regents, are continued and
preserved, it being the intention of the General Assembly that such persons
shall not lose any rights, credits, or funds to which they may be entitled prior
to becoming employees of the board of regents, unless such persons fail to elect
to continue membership in the same retirement system in which such persons
already are members. Once such election is made by such personnel, the election
is irrevocable during the tenure of employment with the board of regents, except
as otherwise provided by law. Except as provided in this subsection, no
employment benefit of any employee transferring to the board of regents shall be
impaired."
SECTION
2.
This
Act shall become effective on July 1, 2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.