Title 47, Chapter 3, Section 1
( 47-3-1)
As used in this chapter, the term: (1) "Accumulated contributions" means the sum of all the amounts deducted from the earnable compensation of a member or paid by the member to establish or reestablish credit for service, which amounts are credited to his individual account in the annuity savings fund, together with regular interest on such amounts, as provided in Code Section 47-3-41. Beginning July 1, 1987, "accumulated contributions" shall include the amount of employee contributions paid by employers on behalf of members and credited to the individual accounts of members in the annuity savings fund, together with regular interest thereon. (2) "Actuarial equivalent" means a benefit of equal value when
computed at regular interest upon the basis of the mortality
tables last adopted by the board of trustees. (3) "Annuity" means annual payments for life derived from the
accumulated contributions of a member. (4) "Annuity reserve" means the present value of all payments to
be made on account of an annuity or benefit in lieu of an annuity,
computed at regular interest upon the basis of the mortality
tables adopted by the board of trustees. (5) "Annuity savings fund" means the fund set forth under Code Section 47-3-41. (6) "Average final compensation" means the average annual earnable
compensation of a teacher during the last five years of creditable
service or, if he has had less than five years of creditable
service, his average annual earnable compensation during his total
creditable service. (7) "Beneficiary" means any person in receipt of a pension, an
annuity, a retirement allowance, or other benefit under this
chapter. (8) "Board of trustees" means the board of trustees as provided for in Code Section 47-3-21 and whose purpose is to administer the retirement system. (8.1) "Certified professional personnel" means employees of the
State Board of Education or the Professional Standards Commission
who, by policy of the State Board of Education, are required to
possess a valid professional certificate issued by the
Professional Standards Commission. (9) "Commencement date" means January 1, 1945. (10) "Creditable service" means prior service plus membership
service. (11) "Earnable compensation" means the full rate of regular
compensation payable to a member for his full normal working time
and includes compensation paid to a member by an employer from
grants or contracts made by outside agencies with the employer.
All moneys paid by an employer for a member or by a member into
any plan of tax sheltered annuity shall be included as earnable
compensation for the purpose of computing any contributions
required to be made to the retirement system and also for the
purpose of computing any benefits or allowances payable under this
chapter. (12) "Employer" means the State of Georgia, the county or
independent board of education, the State Board of Education, the
Board of Regents of the University System of Georgia, or any other
agency of and within this state by which a teacher is paid.
Notwithstanding any provisions in prior or future Acts to the
contrary, the county and regional library boards of trustees shall
be deemed to be the employer of the county or regional librarians,
whose salaries are paid in full or in part from state funds. (13) "Expense fund" means the fund set forth in Code Section 47-3-47. (14) "Local retirement fund" means any teachers' retirement fund
or other arrangement for the payment of retirement benefits to
teachers, but not including the retirement system created under
this chapter, which fund was maintained during the calendar year
1943 and is financed wholly or in part by contributions made by an
employer. (15) "Member" means any teacher included in the membership of the
retirement system. (16) "Membership service" means service as a teacher rendered
while a member of the retirement system for which credit is
allowable. (17) "Pension" means periodic payments for life, derived from
contributions of the state or other employer. (18) "Pension accumulation fund" means the fund set forth under Code Section 47-3-43. (19) "Pension reserve" means the present value of all payments to
be made on account of a pension, or benefit in lieu of a pension,
computed at regular interest upon the basis of the mortality
tables last adopted by the board of trustees. (20) "Prior service" means service rendered prior to January 1, 1945, for which credit is allowable under Code Sections 47-3-83, 47-3-86, and 47-3-87. (21) "Public school" means any day school which is conducted
within this state and which is under the authority and supervision
of a duly elected county or independent board of education. (22) "Regular interest" means interest compounded annually at such
a rate as shall be determined by the board of trustees in
accordance with this chapter. (23) "Retirement" means withdrawal from service with a retirement
allowance granted under this chapter. (24) "Retirement allowance" means the sum of the annuity and the pension, or any optional benefit payable in lieu thereof, under Code Section 47-3-121. All retirement allowances shall be payable in equal monthly installments, provided that the board of trustees may pay a lump sum of equivalent actuarial value in lieu of a retirement allowance of less than $10.00 per month. (25) "Retirement system" means the Teachers Retirement System of Georgia established under Code Section 47-3-20. (26) "Service" means service rendered as a teacher and paid for by
this state or other employer. (27) "Service credit" means creditable service, as defined in this
Code section. (28) "Teacher" means: (A) Any of the following persons employed not less than half
time by a public school: (i) Persons who supervise the public schools; (ii) Classroom teachers; and (iii) Persons employed in a clerical capacity; (B) Public school nurses who are employed on a regular basis as
much as one-half time or more. The employer's contributions for
such public school nurses on all salary amounts which are not
paid from state funds shall be paid from local funds; (C) School librarians; (D) Administrative officials who supervise teachers; (E) Full-time public school lunchroom managers or supervisors, full-time public school maintenance managers or supervisors, full-time public school transportation managers or supervisors, and full-time public school warehouse managers or supervisors, upon electing to participate in the retirement system pursuant to Code Section 47-3-63; (F) Any new certified professional personnel employed for the first time by the State Board of Education or by the State Department of Education on and after July 1, 1983, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (h) of Code Section 47-3-60, and any employee of the State Board of Education or the State Board of Vocational Education employed in a teaching, supervisory, or clerical capacity; (F.1) Certified professional personnel who are in the unclassified service of the State Merit System of Personnel Administration and who are employed by the State Board of Education or by the State Department of Education and who become members of this retirement system pursuant to the authority of subsection (i) of Code Section 47-3-60; (F.2) Newly hired professional personnel employed for the first time by the Department of Technical and Adult Education on and after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocational-technical schools governed by the Department of Technical and Adult Education if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section 47-3-60; (F.3) All full-time employees of a postsecondary vocational-technical school formerly operated by a local board of education or area postsecondary vocational education board as of July 1, 1987, or the date on which the Department of Technical and Adult Education assumes governance of the postsecondary vocational-technical school if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section 47-3-60; (F.4) Personnel employed by the State Board of Education or by the State Department of Education who are authorized to elect and elect to become or remain members of the retirement system pursuant to the applicable provisions of Code Section 47-3-60; (G) Any bona fide teacher, supervisor of teachers, or clerical
employee in any school operated by the Department of Education; (H) Teacher aides and paraprofessional personnel and members of the staff of any regional educational service agency created pursuant to Code Sections 20-2-270 through 20-2-274; (I) Registrars of each unit of the University System of Georgia; (J) The secretary and treasurer of the Board of Regents of the
University System of Georgia; (K) Teachers, supervisors of teachers, and clerical workers who
are employed and paid by the Board of Regents of the University
System of Georgia; (L) All personnel of the Cooperative Extension Service of the
University of Georgia; (M) Any other person employed not less than on a half-time basis
and paid by the Board of Regents of the University System of
Georgia, with the exception of such maintenance and custodial
employees employed prior to July 1, 1978, who elected to forgo
membership, provided that the board of trustees shall determine
whether any particular employee is a maintenance or custodial
employee; (N) Any full-time employee of the Georgia Association of
Educators, Georgia High School Association, or Georgia School
Boards Association, provided that such association, as
appropriate, and the employee request that the board of trustees
permit them to pay the employer and employee contributions,
respectively. The state shall make no contributions on account
of such employee; (O) Librarians and clerical personnel employed by regional and
county libraries. Any of such librarians and clerical personnel
who were members of a local retirement system on January 1,
1977, and who elected to remain members of such local retirement
system shall not be required to become members of this
retirement system, or if they were members of this retirement
system on that date, they may withdraw from such membership.
This election must have been made, in writing, to the board of
trustees by not later than January 1, 1978. Any of such
librarians and clerical personnel failing to so notify the board
of trustees by that date shall be members of this retirement
system. The employer contributions for such librarians and
clerical personnel who are or who become members of this
retirement system shall be paid from local funds on all salary
amounts of such librarians and clerical personnel which are not
paid from state funds. Prior service of such librarians and
other service for which such librarians have contributed to the
Teachers Retirement System of Georgia is ratified, subject to
the same laws and the same rules and regulations applicable to
other members of this retirement system; (P) The full-time executive secretary of the Georgia Vocational
Association. Such association shall pay the required employer
contribution for membership service. The executive secretary
shall be entitled to receive credit for prior teaching service
by paying the employee and employer contributions that would
have been paid, plus interest at the rate of 8 percent per
annum; and (Q) Attendance officers employed not less than half time for
service rendered after June 30, 1992. As used in this
subparagraph, "attendance officer" means an attendance officer
employed in lieu of a visiting teacher under Subpart 2 of Part 1
of Article 16 of Chapter 2 of Title 20; provided, however, that
the provisions of this subparagraph shall not apply to any
former member employed as an attendance officer who retired
prior to July 1, 1992. The term "teacher" shall not be deemed to include any emergency or
temporary employee. The board of trustees shall determine in
doubtful cases whether any person is included within the
definition set forth in this paragraph. Notwithstanding the provisions of subparagraphs (N) and (P) of paragraph (28) of this Code section, no person becoming an employee of the Georgia Association of Educators, the Georgia High School Association, or the Georgia School Boards Association or becoming the executive secretary of the Georgia Vocational Association after June 30, 1984, shall be a "teacher" within the meaning of paragraph (28) of this Code section or shall be eligible for membership in the retirement system provided for by this chapter unless the person holding any such position is also a "teacher" within the meaning of a subparagraph of paragraph (28) of this Code section other than subparagraph (N) or (P). Except as otherwise provided by Code Section 47-3-84.2, subparagraphs (N) and (P) of paragraph (28) of this Code section shall remain effective after June 30, 1984, only for the purpose of allowing any person who was a member of the retirement system on June 30, 1984, because the person held a position specified by said subparagraph (N) or (P) to continue such membership as long as the person continues to hold such position. |