O.C.G.A. § 47-2-360 (2019)
Administration
The board of trustees shall have the responsibility of administering the provisions of this article and shall promulgate such rules and regulations as are necessary to carry out the provisions of this article.
History
(Code 1981, § 47-2-360, enacted by Ga. L. 2008, p. 1005, § 1/SB 328.)
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CHAPTER 3 TEACHERS RETIREMENT SYSTEM OF GEORGIA
Article 1
General Provisions.
47-3-1. Definitions.
Article 2
Creation, Administration, and
Management of the Assets
of the Retirement
System.
47-3-20. Creation and management of the Teachers Retirement System of Georgia; its powers and privileges; name under which business transacted.
47-3-21. Creation and membership of board of trustees; filling of vacancies; per diem, expenses, and oath of office; quorum; creation, membership, and duties of Teachers Retirement System Nomination Committee.
47-3-22. Election of chairman and executive director of the board of trustees; payments by executive director of retirement system funds; surety bond required of executive director.
47-3-23. Designation and duties of an actuary for the board of trustees; periodic actuarial investigation and recommendations; calculation tables and regular interest rate; annual valuation.
47-3-24. Legal adviser of the board of trustees.
47-3-25. Medical board; designation; duties regarding medical examinations required under this chapter.
47-3-26. Powers and duties of the board of trustees generally.
47-3-27. Investment powers; power to maintain cash on deposit for payments under the retirement system; personal interests in investments prohibited.
47-3-28. Rights exempted from levy and sale, garnishment, and other process; assignability; exemptions for other retirement systems; assets and investments and their transfer or sale exempted.
47-3-29. Deduction of membership dues of nonprofit organizations from benefit payments.
Article 3
Employee and Employer Contributions;
Creation of Funds for Contributions,
Benefits, and Administrative
Expenses.
47-3-40. Funds in which assets of the retirement system are to be held.
47-3-41. Annuity savings fund generally.
47-3-41.1. Payment of employee contributions by employers; mandatory nature; vesting.
47-3-42. Employer's duty to deduct, collect, and remit employee contributions; effect of failure to deduct, collect, and remit such contributions.
47-3-43. Pension accumulation fund generally.
47-3-44. Crediting to pension accumulation fund; annual transfer from pension accumulation fund to provide regular interest.
47-3-45. Obligations of the pension accumulation fund; permissible uses of the assets of the pension accumulation fund and of income, interest, and dividends.
47-3-46. Date on which contributions to the retirement system are to commence.
47-3-47. Purpose of the expense fund.
47-3-48. Certification to employers of normal and accrued liability contribution rates; estimates by employers of contributions for coming year; requests for appropriations.
47-3-49. Effective date of chapter; effect of appropriation of funds on the obligation to make employee and employer contributions to the retirement system.
Article 4
Membership in the Retirement System.
47-3-60. Eligibility; termination; leaves of absence; service credit for postgraduate study; transfer of service credit.
47-3-61. Membership of persons who teach in both a public and private school system; payment of employer contributions for such persons [Repealed].
47-3-62. Membership of visiting teachers and attendance officers employed in lieu of visiting teachers.
47-3-63. Membership of full-time public school support personnel; employee and employer contributions; creditable service.
47-3-64. Public school teachers and employees who are covered by local retirement fund and who accept employment with private nonsectarian schools eligible for state grants. [Repealed].
47-3-65. Membership, rights, and benefits in local retirement funds.
47-3-66. Membership of teachers who are employed by independent school systems; creditable service.
47-3-67. Membership of teachers who are employed by certain county school systems; transfer from local retirement fund; creditable service; contributions.
47-3-68. Membership of eligible university system employees.
Article 5
Service Creditable Toward Retirement Benefits.
47-3-80. Power of the board of trustees to determine which service is creditable service.
47-3-81. Transfer of service credits from Employees' Retirement System of Georgia; limitations; additional contributions or adjustments required.
47-3-82. Reestablishment of creditable service by persons who have withdrawn their contributions.
47-3-83. Service credit for active duty service in the armed forces of the United States; limitations on credit for such service if used to obtain other state or federal retirement benefits.
47-3-84. Credit for service rendered by members who have breaks in membership; payments required to obtain such credit.
47-3-84.1. Certain former members of the system who have not withdrawn contributions.
47-3-84.2. Credit for service by members described in subparagraphs (N) and (P) of paragraph (28) of Code Section 47-3-1 [Repealed].
47-3-85. Credit for service by former member of Employees' Retirement System of Georgia who withdrew contributions; credit for service before that retirement system established.
47-3-86. Issuance of a prior service certificate; evidentiary effect of such certificate; credit for prior service rendered by members who previously elected nonmembership.
47-3-87. Accumulated contributions for prior service; local retirement fund service included; determination of earnable compensation received during prior service [Repealed].
47-3-87.1. Credit for service rendered in independent school system prior to, but not later than, June 30, 1979.
47-3-88. Credit for service rendered to a local school system by persons who became members on or after April 1, 1966; payments required in order to obtain such credit.
47-3-89. Credit for service rendered in governmentally supported or operated schools other than public schools in Georgia; payments required to obtain credit for such service.
47-3-90. Absence from employment because of pregnancy.
47-3-91. Credit for service for visiting scholars.
47-3-92. Absence from employment because of sick leave; creditable service.
47-3-93. Additional creditable service for members with at least 25 years of creditable service.
47-3-94. Credit for service while employed by nonprofit corporation under contract with state agency; requirements [Repealed].
47-3-95. Credit for service in private schools.
Article 6
Retirement and Eligibility for Retirement Allowances.
47-3-100. Service which is creditable toward a retirement allowance.
47-3-101. Eligibility and application for retirement; retirement age; duration of benefits paid to a retired member; payment to maintain Teachers Retirement System.
47-3-102. Early retirement after 30 years' service; time for application; payment by member of actuarial cost.
Article 7
Retirement Allowances, Disability Benefits, and Spouses' Benefits.
47-3-120. Allowance on service retirement; minimum retirement allowance; reduced allowance; increase; computation of average compensation.
47-3-121. Optional retirement allowances; election of such options; revocation of election; effect of divorce.
47-3-122. Eligibility and application for disability benefits; amount of disability benefits; reexamination of recipients; reduction.
47-3-123. Benefits payable upon the death of a member before retirement.
47-3-124. Application of minimum retirement allowances to persons who retired pursuant to county, municipal, or local board of education retirement or pension systems.
47-3-125. Application of increases in retirement benefits to persons who retired pursuant to county, municipal, or local board of education retirement or pension systems.
47-3-126. Postretirement benefit adjustments.
47-3-126.1. Postretirement benefit adjustments effective July 1, 1984.
47-3-126.2. Postretirement benefit adjustments effective July 1, 1986.
47-3-126.3. Postretirement benefit adjustments.
47-3-126.4. Postretirement benefit for beneficiary.
47-3-127. Effect of restoration to service on retirement allowances; creditable service after restoration to service.
47-3-127.1. Employment of retired teacher as full-time teacher or in other capacities [Repealed].
47-3-128. Payment of accumulated contributions upon request after termination of membership; payment of taxable portion to eligible retirement plan.
47-3-129. Rights when retire before 60 with ten years of service or 20 years before 1954; reestablishment of credits earned before that retirement.
47-3-130. Commencement of benefits under this retirement system; retirement after January 1, 1943, but before the commencement date.
Article 8
Miscellaneous Provisions.
47-3-140. Application of other state funded pension or retirement benefits to members and beneficiaries of this retirement system.
47-3-141. Attempts to defraud the retirement system by means of false statements or falsified records; adjustment of erroneous payments.
47-3-142. Rights and benefits of persons convicted of murder, voluntary manslaughter, or conspiracy to commit either upon a member or retiree.
Annotations
Cross references. - Expenditure of public funds for retirement benefits and costs authorized, Ga. Const. 1983, Art. III, Sec. X, Para. I.
Provision of supplemental pension and retirement allowances by governing boards of public school systems and by Board of Regents, §§ 20-1-2, 20-1-4.
Health care plans for public school teachers, § 20-2-880 et seq.
Reimbursement of Department of Law by Employees' Retirement System of Georgia, Teachers Retirement System of Georgia, for legal services, § 45-15-37.
Authority of municipalities to levy and collect property taxes for purpose of paying pensions and other benefits and costs under a teacher retirement system, § 48-5-351.
Editor's notes. - Ga. L. 1986, p. 1623, proposed an amendment to Ga. Const. 1983, Art. III, Sec. VI, Para. VI adding subparagraph (c), regarding health insurance plans for retired former employees of public school systems. This amendment was approved by a majority of the qualified voters voting at the general election on November 4, 1986.
JUDICIAL DECISIONS
Teachers Retirement System is public body to which O.C.G.A. § 45-6-5 applies. Tate v. Teachers' Retirement Sys., 257 Ga. 365, 359 S.E.2d 649 (1987).
Cited in Young v. State, 132 Ga. App. 790, 209 S.E.2d 96 (1974).
OPINIONS OF THE ATTORNEY GENERAL
Chapter applicable to prior retirees. - Teacher who has reached the age of 60, has taught in the state school system for 35 years, and has retired before Ga. L. 1943, p. 640 (see O.C.G.A. Ch. 3, T. 47) became effective was entitled to the benefits of Ga. L. 1943, p. 640 (see O.C.G.A. Ch. 3, T. 47). 1945-47 Op. Att'y Gen. p. 216.
Upon reading Ga. L. 1974, p. 1139, § 1 (see O.C.G.A. § 47-3-124) within the context of Ga. L. 1943, p. 640 (see O.C.G.A. Ch. 3, T. 47), and upon considering precipitant events leading to the passage of Ga. L. 1943, p. 640 (see O.C.G.A. Ch. 3, T. 47), it becomes evident that Ga. L. 1974, p. 1139, § 1 was designed to include theretofore excluded local fund retirees. 1975 Op. Att'y Gen. No. 75-9.
Teachers in a state evening college may participate in the retirement system. 1945-47 Op. Att'y Gen. p. 217.
Employees of Georgia Teachers' Education Association may not participate. - Georgia Teachers' Education Association cannot be construed to be an agency of the state so as to make the association an "employer," as defined by Ga. L. 1943, p. 640 (see O.C.G.A. Ch. 3, T. 47), nor can an employee of the association be construed as a "teacher" within the definition given by Ga. L. 1943, pp. 640 and 641. 1948-49 Op. Att'y Gen. p. 131.
Teachers employed by commission charter schools. - Unless and until the General Assembly adopts clarifying legislation, it is within the sound discretion of the Teachers Retirement System Board of Trustees to determine whether teachers who are employed not less than half-time by commission charter schools must be members of the Teachers Retirement System. 2010 Op. Att'y Gen. No. 10-7.
Retirement funds made available from retirement system. - Retirement system is required to make available funds so that a minimum monthly amount is paid to retired members for each year of service up to 40 years; if sufficient funds are not readily available within the retirement system itself, they may be requested from state funds. 1962 Op. Att'y Gen. p. 372.
Trustees may establish different interest rates for actuarial calculations. - Board of trustees may establish different rates of regular interest for use in connection with different mathematical calculations made by the retirement system. 1977 Op. Att'y Gen. No. 77-74.
Local boards may supplement allowances. - Ga. L. 1943, p. 640 et seq. (see O.C.G.A. Ch. 3, T. 47) acknowledges power of local boards to supplement retirement and pension allowances of teachers with other plans, and also acknowledges that tax sheltered annuities might be usable for such a purpose. 1981 Op. Att'y Gen. No. U81-2.
Local school system may establish tax sheltered annuity program. Like a private employer with the power to contract, a local school system may condition employment upon certain requirements so long as the requirements do not violate the Constitution or laws of this state. The teacher's contract may not be unilaterally modified in mid-term to include such a condition; therefore, unless a teacher otherwise agrees to participate in a tax sheltered annuity, the requirement of participation must be included in the employment contract prior to execution and must be agreed upon by both parties before such condition is enforceable. 1981 Op. Att'y Gen. No. U81-2.
Local school system may require tax sheltered annuity program participation. - Local school system may legally require teachers the system employs to participate in a tax sheltered annuity program. 1981 Op. Att'y Gen. No. U81-2.
Retirement benefits to be paid are deferred compensation. - Retirement benefits which would be paid to teacher by Teachers Retirement System are deferred compensation for services previously rendered, while the compensation paid to a teacher by a local board of education for the teacher's current employment is compensation for services being presently rendered; the payments are for separate and different periods of teaching service covered under different retirement systems. 1980 Op. Att'y Gen. No. 80-22.
Retirement benefits allocated while currently employed not covered. - There is no stated provision in Ga. L. 1943, p. 640 et seq. (see O.C.G.A. Ch. 3, T. 47) which would prohibit teacher from receiving retirement benefits under Ga. L. 1943, p. 640 et seq. while currently employed in some other teaching position not under Ga. L. 1943, p. 640 et seq. 1980 Op. Att'y Gen. No. 80-22.
Local school board may contract indirectly to pay superintendent's contributions to Teachers Retirement System for health insurance and for social security; however, since local Acts may affect a local school board's ability to make such contributions, the local board attorney should be consulted in each instance. 1981 Op. Att'y Gen. No. 81-55.
Make greater increase in salary than required to pay superintendent's contribution. - For a local school board to pay a local school superintendent's contributions to the Teachers Retirement System, for health insurance, and social security, it must increase the superintendent's salary since O.C.G.A. § 47-3-41 provides that such contributions must be deducted from the superintendent's salary. However, the increase of the salary would itself be subject to the required deduction since it would increase the amount of earnable compensation; thus, the amount of increase required to pay the contribution would obviously have to be more than the amount of the contribution itself. Likewise, for a local school board to make such contributions under the Teachers Health Insurance Plan, it must increase the superintendent's salary since the law provides that such contributions must be withheld from the superintendent's salary. 1981 Op. Att'y Gen. No. 81-55.
Eligibility of library employees. - Regional and county library employees paid solely with local funds are required to be members of the Teachers Retirement System. 2011 Op. Att'y Gen. No. 11-2.
RESEARCH REFERENCES
ALR. - Reasonableness of classification, as regards beneficiaries, by statute providing for retirement fund or pension for public officers or employees, 163 A.L.R. 870.
Gift to or for employees' pension fund as valid charitable gift or trust, 28 A.L.R.2d 428.
Unemployment compensation: eligibility of employee laid off according to employer's mandatory retirement plan, 50 A.L.R.3d 880.
Right to unemployment compensation or social security benefits of teacher or other school employee, 33 A.L.R.5th 643.
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ARTICLE 1 GENERAL PROVISIONS
OPINIONS OF THE ATTORNEY GENERAL
Extension of Social Security coverage to professional personnel. - Certified professional personnel who are newly employed by the Department of Education and who opt for membership in the Teachers Retirement System (TRS) pursuant to Ga. Laws 1983, p. 1859 are not presently extended Social Security coverage although such coverage could possibly be established under the referendum procedure set out in O.C.G.A. § 47-18-42. 1983 Op. Att'y Gen. No. 83-49.
Teachers at charter schools shall be members of the Teachers Retirement System. 1999 Op. Att'y Gen. No. U99-4.