GA Code § 47-4-40 (2021)
2021 Georgia Code|Title 47 - Retirement and Pensions|Chapter 4 - Public School Employees Retirement System|Article 3 - Membership in the Retirement System|§ 47-4-40. Eligibility; Leaves of Absence; Termination; Transfer of Service Credits

  Any person who is a public school employee on January 1, 1970, shall be a member of the retirement system as a condition of his continued employment, except as provided in this Code section. Any person who becomes a public school employee on or after January 1, 1970, shall become a member of the retirement system as a condition of his employment. This subsection shall become a part of any contract of employment of public school employees which is executed on or after January 1, 1970, but nothing in this Code section shall be construed to impair the obligation of any such contract executed prior to January 1, 1970.   An otherwise eligible public school employee shall be classified as a member only while he is employed by a local unit of administration which is not operating a local retirement system, except as otherwise provided in Code Section 47-4-41.   The membership of any member shall terminate if he retires under this retirement system or withdraws his contributions. Any member who has not withdrawn his contributions to the retirement system may retain his membership while on any leave of absence which is authorized by rules and regulations of the board. The board may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States, which service has been approved in advance by the board, or if he ceases to be a contributing member by reason of illness. No benefit under the retirement system other than the payment of the employee's accumulated contributions shall become payable to him or on his account while he is not in service as a public school employee and no employer contributions shall be made to the retirement system during any such time.   Full-time public school lunchroom, maintenance, or warehouse managers or supervisors, or full-time public school transportation managers or supervisors including those employed by postsecondary vocational-technical schools governed by the Technical College System of Georgia shall have the option of becoming members of the Teachers Retirement System of Georgia, in accordance with Code Section 47-3-63. Any of such personnel who have heretofore exercised said option or who hereafter exercise said option who have or had ten or more years of creditable service under this chapter may withdraw their accumulated contributions from the fund, and upon withdrawing such contributions such personnel shall cease to be members of the retirement system. Said personnel may elect to allow their accumulated contributions to remain in the fund, and such personnel shall retain the vested rights established by Code Section 47-4-100. Upon exercising such option, however, any such personnel shall cease making contributions to the retirement system, and no additional creditable service shall be allowed under the retirement system. Any such person who elects such option and who has less than ten years of creditable service under this chapter shall withdraw the person's accumulated contributions from the fund and, upon exercising such option, such personnel shall cease to be members of the retirement system. Any person subject to this subsection who becomes employed on or after November 1, 1982, shall have the option, which must be exercised within 30 days after becoming employed, of becoming a member of this retirement system or of becoming a member of the Teachers Retirement System of Georgia, provided that any such person who becomes employed by a postsecondary vocational-technical school governed by the Technical College System of Georgia after July 1, 1987, shall exercise such option within one day after becoming so employed. No such person shall be a member of both such retirement systems under any circumstances. Such option shall be exercised by notification, in writing, to the respective boards of trustees of such retirement systems. It shall be the duty and responsibility of local units of administration and postsecondary vocational-technical schools governed by the Technical College System of Georgia to notify their respective employees and persons who become employed in the future and who are subject to this subsection of the options provided for in this subsection and to furnish such employees appropriate forms for the exercise of such options.   Lunchroom, maintenance, warehouse, or transportation workers employed by postsecondary vocational-technical schools governed by the Technical College System of Georgia, who are otherwise eligible under laws, rules, or regulations, shall have the option of becoming members of the Employees' Retirement System of Georgia, in accordance with Code Sections 20-4-25, 20-4-26, 47-2-1, and 47-2-190. Any of such personnel who have heretofore exercised said option or who hereafter exercise said option who have or had ten or more years of creditable service under this chapter may withdraw their accumulated contributions from the fund, and upon withdrawing such contributions such personnel shall cease to be members of the retirement system. Said personnel may elect to allow their accumulated contributions to remain in the fund, and such personnel shall retain the vested rights established by Code Section 47-4-100. Upon exercising such option, however, any such personnel shall cease making contributions to the retirement system, and no additional creditable service shall be allowed under the retirement system. Any such person who elects such option and who has less than ten years of creditable service under this chapter shall withdraw the person's accumulated contributions from the fund and, upon exercising such option, such person shall cease to be a member of the retirement system. Any person subject to this subsection who becomes employed on or after July 1, 1987, shall have the option, which must be exercised within one day after becoming employed, of becoming a member of this retirement system or of becoming a member of the Employees' Retirement System of Georgia. No such person shall be a member of both such retirement systems under any circumstances. Such option shall be exercised by notification, in writing, to the respective boards of trustees of such retirement systems. It shall be the duty and responsibility of postsecondary vocational-technical schools governed by the Technical College System of Georgia to notify their respective employees and persons who become employed in the future and who are subject to this subsection of the options provided for in this subsection and to furnish such employees appropriate forms for the exercise of such options.    (Ga. L. 1969, p. 998, § 4; Ga. L. 1973, p. 1197, § 1; Ga. L. 1976, p. 577, § 2; Ga. L. 1979, p. 884, § 1; Ga. L. 1982, p. 965, § 3; Ga. L. 1987, p. 575, § 12; Ga. L. 1988, p. 1742, § 6; Ga. L. 1989, p. 52, § 1; Ga. L. 1993, p. 86, § 1; Ga. L. 2008, p. 562, § 1/SB 434.)    The 2008 amendment,  effective July 1, 2008, substituted "Technical College System of Georgia" for "Department of Technical and Adult Education" three times in subsection (d) and twice in subsection (e).   OPINIONS OF THE ATTORNEY GENERAL   Teacher's aide meeting statutory requirements eligible for coverage.    - If a teacher's aide or paraprofessional meets the requirements set forth by Ga. L. 1971, p. 226, §§ 3 and 4 (see O.C.G.A. §§ 47-3-1,47-4-2(20), and47-4-40), then that person is eligible for coverage under the retirement system. 1971 Op. Att'y Gen. No. 71-189.   Application when withdraw contributions and later seek to reestablish service.    - Ga. L. 1979, p. 884, §§ 1 and 2 (see O.C.G.A. §§ 47-4-40 and47-4-104) apply only to former retirement system members who withdraw contributions from the system and later seek to reestablish those withdrawn contributions and the service those contribution represent. 1979 Op. Att'y Gen. No. 79-57.   Cooperative Educational Service employees not members.   - Employees who are employed and paid solely by a Cooperative Educational Service Agency are not entitled to membership in the Public School Employees Retirement System. 1981 Op. Att'y Gen. No. 81-52.   RESEARCH REFERENCES   Am. Jur. 2d.   - 60A Am. Jur. 2d, Pensions and Retirement Funds, §§ 1166 et seq., 1174 et seq., 1252.   C.J.S.   - 67 C.J.S., Officers and Public Employees, § 316 et seq. 78 C.J.S., Schools and School Districts, § 264 et seq.