Bill Text: GA HB664 | 2011-2012 | Regular Session | Introduced

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Bill Title: Georgia Charter Schools Commission; exclude Retirement System membership; provisions

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-01-09 - House Second Readers [HB664 Detail]

Download: Georgia-2011-HB664-Introduced.html

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11 LC 21 1285

House Bill 664

By: Representatives Jones of the 46th and Lindsey of the 54th

A BILL TO BE ENTITLED
AN ACT

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to amend certain definitions; to provide that the Georgia Charter Schools Commission may elect to exclude all teachers in a commission charter school from membership in the Teachers Retirement System of Georgia; to provide that the Georgia Charter Schools Commission may make an irrevocable election to exclude public school employees from membership in the Public School Employees Retirement Fund; to provide for notice; to provide for a refund of employer and employee contributions; 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 revising paragraph (21) of Code Section 47-3-1, relating to definitions relative to the Teachers Retirement System of Georgia, as follows:

"(21) 'Public school' means any day school which is conducted within this state and which is under the authority and supervision of a duly elected county or independent board of education. Such term also means a commission charter school created pursuant to Article 31A of Chapter 2 of Title 20."

SECTION 2.

Said title is further amended by adding a new Code section to read as follows:

"47-3-69.

(a) At the time the Georgia Charter Schools Commission approves a petition for a charter school as provided in Article 31A of Chapter 2 of Title 20, the commission may make an irrevocable election to exclude teachers in such charter school from membership in this retirement system. Such notice shall be made to the board of trustees in writing. If the commission elects to exclude such teachers from membership, then no service for that charter school may be used as creditable service in this retirement system. This Code section shall apply to commission charter schools approved on or after July 1, 2009.

(b) If a commission charter school created prior to July 1, 2012, elects not to participate in this retirement system as provided in subsection (a) of this Code section, the board of trustees shall refund any employer and employee contributions made by such school and its employees, together with 4 percent interest thereon."

SECTION 3.

Said title is further amended by revising paragraph (19) of Code Section 47-4-2, relating to definitions relative to the Public School Employees Retirement System, as follows:

"(19) 'Public school' means any day school conducted within the state under the authority and supervision of a duly elected or appointed county or independent board of education. Such term also means a commission charter school created pursuant to Article 31A of Chapter 2 of Title 20."

SECTION 4.

Said title is further amended by adding a new Code section to read as follows:

"47-4-42.

(a) At the time the Georgia Charter Schools Commission approves a petition for a charter school as provided in Article 31A of Chapter 2 of Title 20, the commission may make an irrevocable election to exclude public school employees in such charter school from membership in this retirement system. Such notice shall be made to the board of trustees in writing. If the commission elects to exclude such teachers from membership, then no service of employment for that charter school may be used as creditable service in this retirement system. This Code section shall apply to commission charter schools approved on or after July 1, 2009.

(b) If a commission charter school created prior to July 1, 2012, elects not to participate in this retirement system as provided in subsection (a) of this Code section, the board of trustees shall refund any employer and employee contributions made by such school and its employees, together with 4 percent interest thereon."

SECTION 5.

This Act shall become effective on July 1, 2012, 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, 2012, as required by subsection (a) of Code Section 47-20-50.

SECTION 6.

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