PocketLaw | Georgia Code | Withholding or Deducting Employees'

Withholding or Deducting Employees' Contributions; State Contributions; Enrollment of Employees of School System Not Participating in the Plan

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During any period in which an employee is covered under the health insurance plan authorized by this subpart prior to the date of the employee's retirement, there shall be withheld from each salary payment of such employee, as the employee's share of the cost 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 benefits are being paid by a public school employees' retirement system to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the board with the consent of the recipient.
The Department of Education and local school systems shall contribute to the health insurance fund such portion of the costs of such benefits as may be established by the board to maintain the employee contributions consistent with other health insurance plans administered by the board. In the event that the commissioner shall determine that a local employer has failed to contribute the full amount of such portion, as calculated by the commissioner, 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.
If a local school system elects not to participate in the health insurance plan, the board may establish regulations by which the employees of such local school system may enroll as a group, provided an adequate participation percentage is maintained to assure a sound policy of shared risk.

(Ga. L. 1975, p. 1194, § 10; Ga. L. 1980, p. 1538, § 3; Ga. L. 1982, p. 896, § 2; Ga. L. 1983, p. 3, § 16; Ga. L. 1984, p. 1692, § 1; Ga. L. 1985, p. 149, § 20; Ga. L. 2005, p. 623, § 5/SB 284; Ga. L. 2015, p. 1376, § 37/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 second sentence and added the last sentence.

Editor's notes.

- Ga. L. 1982, p. 896, § 2, effective July 1, 1982, amended Ga. L. 1975, p. 1194, § 10, as amended, the basis for this Code section, by substituting "employee" for "employer" in the last sentence of that section of the 1975 Act. However, the 1982 Act did not specifically amend this Code section. Furthermore, since Ga. L. 1975, p. 1194, § 10 stood repealed on November 1, 1982 (see Code Section 1-1-10(a)(2)), the 1982 amendment was of no effect after that date. The provisions of Ga. L. 1982, p. 896, § 1 were substantially reenacted by Ga. L. 1983, p. 3, § 16, and codified as an amendment to this Code section.

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