Contributions by Employees, State, and Local Employers; Withholding or Deducting Employees' Contributions

  1. Law
  2. Georgia Code
  3. Education
  4. Elementary and Secondary Education
  5. Teachers and Other School Personnel
  6. Health Insurance Plans
  7. Plan for Public School Teachers
  8. Contributions by Employees, State, and Local Employers; Withholding or Deducting Employees' Contributions

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  1. During any period in which an employee is covered under the health insurance plan authorized by this subpart prior to the date of his retirement, there shall be withheld from each salary payment of such employee, as his share of the costs of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this subpart as may be established by the board. During any month in which the benefits are being paid by the Teachers Retirement System of Georgia to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the board with consent of the recipient.
  2. As the local employer's share, the local employer shall contribute to the health insurance fund such portion of the cost of such benefits as may be established by the Governor and the board and, in addition thereto, an amount to be established by the board to defray the cost of administration. The board shall determine whether such portion shall be determined based upon a percentage of the total outlay for the salaries of teachers employed by the local employer or determined on an amount per employee electing coverage under the plan based on the coverage elected, in accordance with the appropriation of funds. If a local employer fails to remit the employer's share as calculated by the commissioner, as provided in this Code section, it shall be the duty of the commissioner to notify the State Board of Education of such failure and it shall be the duty of the State Board of Education to, with reasonable promptness, withhold from the employer which has failed to comply sufficient state funds as calculated by the commissioner to fully satisfy the outstanding obligation of the local employer to the health insurance fund. Such withheld funds shall be promptly transmitted by the state board to the Department of Community Health.

(Ga. L. 1975, p. 37, § 10; Ga. L. 1977, p. 991, § 4; Ga. L. 1979, p. 672, § 2; Ga. L. 1986, p. 291, § 2; Ga. L. 1988, p. 319, § 1; Ga. L. 2005, p. 623, § 2/SB 284; Ga. L. 2015, p. 1376, § 36/HB 502.)

The 2015 amendment, effective July 1, 2015, in subsection (b), substituted "State Board of Education to, with reasonable promptness, withhold from the employer which has failed to comply sufficient state funds as calculated by the commissioner to fully satisfy the outstanding obligation of the local employer to the health insurance fund" for "State Board of Education to withhold from the employer which has failed to comply all appropriations allotted to such employer until such employer has fully complied with the provisions of this Code section by making remittance of the sums required" at the end of the third sentence and added the last sentence.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, "Teachers" was substituted for "Teachers' " in the last sentence of subsection (a).

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, § 125 et seq.

C.J.S.

- 45 C.J.S., Insurance, § 447. 78A C.J.S., Schools and School Districts, §§ 700, 701.


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