Membership of Teachers Who Are Employed by Independent School Systems; Creditable Service

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Teachers Retirement System of Georgia
  5. Membership in the Retirement System
  6. Membership of Teachers Who Are Employed by Independent School Systems; Creditable Service

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  1. As used in this Code section, the term:
    1. "Independent school system" means the independent school system of a municipality.
    2. "Local retirement fund" means a local retirement fund covering teachers employed by an independent school system.
    3. "Municipality" means any municipality of this state having a population of 300,000 or more according to the United States decennial census of 1970 or any future such census.
    4. "Teacher" means any teacher as defined by Code Section 47-3-1 who is employed by an independent school system.
  2. Any teacher who is employed by an independent school system after July 1, 1979, shall become a member of the retirement system as a condition of employment, and such teacher shall not be eligible for membership in a local retirement fund.
  3. Teachers who are actively employed on July 1, 1979, by an employer operating under a local retirement fund may elect to transfer from membership in the local retirement fund to membership in the Teachers Retirement System of Georgia, effective July 1, 1979. Such election must be made before July 1, 1979, in a manner prescribed by the board of trustees. All such teachers who transfer their membership to the retirement system under this Code section shall receive creditable service under the retirement system, equivalent to the creditable service such teachers had under the local retirement fund as of the date all payments are made as provided in subsections (d) and (e) of this Code section, provided that no creditable service shall be granted for service which would not otherwise be allowable under the retirement system. The board of trustees shall cause the records of such transferred teachers, after verification in the manner prescribed by the board of trustees, to reflect such creditable service.
  4. For each teacher becoming a member of the retirement system pursuant to subsection (c) of this Code section, the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall be empowered and shall have the duty to pay to the board of trustees the amount of contributions paid by such teacher to the local retirement fund and credited to each such teacher under it, together with applicable accrued regular interest, as determined by the board of trustees, to the date of payment. The fiscal authority or other governing body shall have the duty to notify the board of trustees as to the amount paid on behalf of each such teacher. Such payment shall be made to the board of trustees by not later than October 1, 1979, or by the date of retirement of any teachers who retire prior to October 1, 1979, whichever is earlier.
  5. Each teacher who becomes a member of the retirement system pursuant to subsection (c) of this Code section shall pay to the board of trustees the amount of contributions which would have been paid by the teacher to the retirement system had the teacher been a member of the retirement system during the period of creditable service established pursuant to subsection (c) of this Code section, plus interest, as provided in this subsection, which would have accumulated on such contributions, less the amount paid on behalf of each such teacher pursuant to subsection (d) of this Code section. Interest which would have accumulated on such contributions shall be computed on the basis of regular accrued interest until January 1, 1982, and on the basis of 16 percent per annum from January 1, 1982, until the payment required by this subsection is made. The board of trustees shall determine the amount to be paid as interest. Such payment shall and must be made to the board of trustees in the manner prescribed by the board of trustees by not later than December 31, 1983, or by the date of retirement for any teacher who retires prior to December 31, 1983, whichever is earlier.

(Ga. L. 1979, p. 1196, § 1; Ga. L. 1982, p. 1610, §§ 1, 2; Ga. L. 1985, p. 209, § 1; Ga. L. 1993, p. 86, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296; Ga. L. 2010, p. 1207, § 44/SB 436.)

The 2010 amendments. The first 2010 amendment, effective July 1, 2010, substituted "Office of the State Treasurer" for "Office of Treasury and Fiscal Services" six times in subsection (i). The second 2010 amendment, effective July 1, 2010, deleted former subsections (f) through (m). See the Code Commission note regarding the effect of these amendments.

Code Commission notes.

- The amendment of this Code section by Ga. L. 2010, p. 863, § 2, irreconcilably conflicted with and was treated as superseded by Ga. L. 2010, p. 1207, § 44. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).

Editor's notes.

- Ga. L. 2010, p. 1207, § 1, not codified by the General Assembly, provides that: "The intent of this Act is to repeal obsolete and inoperative provisions and to make certain stylistic corrections in Title 47 of the Official Code of Georgia Annotated. Nothing in this Act shall deny, abridge, increase, renew, revive, or on any way affect any right, benefit, option, credit, or election to which any person was entitled pursuant to such title on June 30, 2010, and the board of trustees of each public retirement system is authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this Act; provided, however, that any such right, benefit, option, credit, or election shall be subject to the statutory provisions in effect on June 30, 2010."

OPINIONS OF THE ATTORNEY GENERAL

Constitutional amendment needed to increase benefits.

- Constitutional amendment would be necessary to authorize an increase in retirement benefits, to be paid from state funds, to retired teachers in any local system funded through appropriations made by municipal corporations, counties, or any political subdivision. 1974 Op. Att'y Gen. No. 74-14 (rendered under 1945 Constitution).

Teachers transferring to Teachers Retirement System pursuant to O.C.G.A. § 47-3-66 must pay amount of employee contributions the teachers would have paid to Teachers Retirement System had the teachers been members during period of creditable service sought to be established, less amount of the teachers' contributions already paid by local retirement fund to the System, by no later than January 1, 1982. No creditable service will be established under § 47-3-66 by any transferring teacher not making the required payment by January 1, 1982. 1981 Op. Att'y Gen. No. 81-81.


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