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.