GA Code § 47-3-21 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 3 - Teachers Retirement System of Georgia|Article 2 - Creation, Administration, and Management of the Assets of the Retirement System|§ 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

  There is created a board of trustees which shall consist of ten trustees as follows:   The state auditor, ex officio;   One member who shall be an active member of the Teachers Retirement System of Georgia who is a classroom teacher and is not an employee of the Board of Regents of the University System of Georgia.Such member shall be appointed by the Governor for a term of three years with the initial term beginning April 1, 1991.In making the appointment, the Governor may consider, but not be limited to, nominations furnished him by the nominating committee provided for by subsection (g) of this Code section;   The state treasurer, ex officio;   One member who shall be an active member of the Teachers Retirement System of Georgia who is a classroom teacher and not an employee of the Board of Regents of the University System of Georgia. Such member shall be appointed by the Governor for a term of three years with the initial term beginning July 1, 1984. In making the appointment the Governor may consider, but not be limited to, nominations furnished him by the nominating committee provided for by subsection (g) of this Code section;   One member who shall be an active member of the Teachers Retirement System of Georgia who is a school administrator and not an employee of the Board of Regents of the University System of Georgia. Such member shall be appointed by the Governor for a term of three years with the initial term beginning July 1, 1986. In making the appointment the Governor may consider, but not be limited to, nominations furnished him by the nominating committee provided for by subsection (g) of this Code section. The trustee occupying the "school administrator" position on the board of trustees on July 1, 1984, and a prior appointment by the Governor shall continue to serve in this position from July 1, 1984, until July 1, 1986;   One member who shall be an active member of the Teachers Retirement System of Georgia who is not an employee of the Board of Regents of the University System of Georgia. Such member shall be appointed by the Governor for a term of three years with the initial term beginning July 1, 1985. In making the appointment the Governor may consider, but not be limited to, nominations furnished him by the nominating committee provided for by subsection (g) of this Code section. Prior to July 1, 1984, the trustees holding office under immediately preceding law and prior appointments by the Governor shall elect a person to occupy this position on the board of trustees from July 1, 1984, until July 1, 1985;   One member who shall be an active member of the Teachers Retirement System of Georgia who is an employee of the Board of Regents of the University System of Georgia and who shall be appointed by the board of regents for a term of three years with the initial term beginning July 1, 1985. The trustee occupying the "employee of the board of regents" position on the board of trustees on July 1, 1984, and a prior appointment by the board of regents shall continue to serve in this position from July 1, 1984, until July 1, 1985;   One member to be appointed by the Governor for a term of three years with the initial term beginning July 1, 1984;   One member who has retired under the Teachers Retirement System of Georgia and who shall be elected by the remaining trustees for a term of three years with the initial term beginning July 1, 1985. The trustee occupying the "retired teacher" position on the board of trustees on July 1, 1984, and a prior appointment by the Governor shall continue to serve in this position from July 1, 1984, until July 1, 1985; and   The tenth trustee shall be a citizen of Georgia, not a member of the Teachers Retirement System of Georgia, who shall be experienced in the investment of moneys and who shall be elected by the remaining trustees for a term of three years with the initial term beginning July 1, 1984.     If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term by the remaining trustees.   The trustees shall each receive the daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees, any committee meetings called pursuant to authorization of the board of trustees, and for time spent in necessary travel. In addition to such per diem, the trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the board of trustees. State officials serving ex officio shall receive no per diem but shall only be entitled to reimbursement of actual expenses.   Each trustee shall, within ten days after his appointment or election, take an oath of office that so far as it devolves upon him he will diligently and honestly administer the affairs of the board of trustees and that he will not knowingly violate or willingly permit to be violated any laws applicable to the retirement system. Such oath shall be subscribed to by the trustee making it, certified by the officer before whom it is taken, and shall be filed immediately in the office of the Secretary of State.   Six trustees at any meeting of the board of trustees shall constitute a quorum to transact business. Each trustee shall be entitled to one vote. Five votes shall be necessary for a decision by the board of trustees.   With respect to the selection of all trustees under the provisions of subsection (a) of this Code section, the Governor, the board of trustees, the Board of Regents of the University System of Georgia, and the nominating committee provided for by subsection (g) of this Code section shall give due consideration to minority groups included within the teaching profession.     The Teachers Retirement System Nominating Committee is created and such committee shall be composed of five members. Two members shall be from the Georgia Association of Educators, each of whom shall be selected from different geographical areas of the state; one member shall be from the Georgia Federation of Teachers; one member shall be from the Professional Association of Georgia Educators; and one member shall be from the Georgia Association of Educational Leaders. The members of each respective organization shall elect its respective member or members of the nominating committee by May 1, 1984. The members of the nominating committee shall serve for terms of three years and their successors shall be selected in the same manner as the original members. Any vacancy shall be filled for the unexpired term by the members of the educational organization which elected the member wherein the vacancy exists.   The nominating committee shall submit to the Governor a list of three names for each person to be appointed by the Governor pursuant to paragraphs (4), (5), and (6) of subsection (a) of this Code section as a member of the board. In making appointments pursuant to paragraphs (4), (5), and (6) of subsection (a) of this Code section, the Governor may consider the names submitted by the nominating committee, but it is specifically provided that the appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to choose any appointee from names submitted by the nominating committee.   The members of the nominating committee shall serve without compensation. Such members may be reimbursed for travel or other expenses incurred in attending meetings of the nominating committee from the funds of their respective employers or educational organizations but not from the funds of the Teachers Retirement System of Georgia.      (Ga. L. 1943, p. 640, § 6; Ga. L. 1964, p. 219, § 1; Ga. L. 1965, p. 112, § 1; Ga. L. 1971, p. 226, § 2; Ga. L. 1971, p. 413, § 1; Ga. L. 1975, p. 495, §§ 1, 2; Ga. L. 1975, p. 1637, §§ 3, 4; Ga. L. 1978, p. 1441, § 1; Ga. L. 1984, p. 1155, §§ 1, 2; Ga. L. 1985, p. 209, § 1; Ga. L. 1987, p. 146, § 1; Ga. L. 1989, p. 52, § 1; Ga. L. 1991, p. 274, § 2; Ga. L. 1993, p. 1402, § 18; Ga. L. 1993, p. 1690, § 3; Ga. L. 2010, p. 863, § 3/SB 296.)    The 2010 amendment,  effective July 1, 2010, substituted "state treasurer" for "director of the Office of Treasury and Fiscal Services" in paragraph (a)(3).   Editor's notes.   - Ga. L. 1984, p. 1155, § 3, not codified by the General Assembly, provides: "For the purpose of the creation of the nominating committee provided for in quoted subsection (g) of Section 2 of this Act [which amended subsection (e) of this Code section and added subsections (f) and (g)], for the purpose of the submission of names to the Governor by said nominating committee, and for the purpose of making appointments to the Board of Trustees of the Teachers Retirement System of Georgia in conformity with the requirements of quoted revised subsection (a) of Section 1 of this Act [which amended subsection (a) of this Code section], this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law. For the purposes of the composition of the Board of Trustees of the Teachers Retirement System of Georgia in conformity with the requirements of quoted revised subsection (a) of Section 1 of this Act, this Act shall become effective on July 1, 1984."   OPINIONS OF THE ATTORNEY GENERAL   Constitutionality of selection method.   - Method of selection of five of the ten members of the Board of Trustees of the Teachers Retirement System of Georgia is of doubtful constitutional validity, which doubt can be resolved by resignation of members involved, resulting in vacancies which should be filled through action by the Governor. 1982 Op. Att'y Gen. No. 82-36 (rendered prior to 1984 amendment to this section.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1244. 63C Am. Jur. 2d, Public Officers and Employees, §§ 91, 108, 124, 288.   C.J.S.   - 67 C.J.S., Officers, §§ 52, 59 et seq., 86 et seq., 100 et seq., 104, 107, 277 et seq., 313. 78 C.J.S., Schools and School Districts, § 485.