Employment of retired teacher as full-time teacher or in other capacities

(a) As used in this Code section, the term: (1) ‘‘Classroom teacher’’ means a certified teacher of pre-kindergarten through grade 12 employed by the public schools who has as his or her sole responsibility the academic instruction of students in a classroom. (2) ‘‘Normal service retirement’’ means retirement at or after the age of 60 with at least ten years of creditable service or retirement with 30 years of creditable service without regard to age. (3) ‘‘Retired teacher’’ means a beneficiary of this retirement system who has been retired on a normal service retirement for at least 12 calendar months. (b)(1) A public school system may employ a retired teacher as a full-time classroom teacher, principal, superintendent, media specialist, or counselor, and such person shall be subject to the provisions of subsection (c) of this Code section; provided, however, that a retired teacher who retired as a principal may not be employed as a principal in the same school in which he or she was so employed prior to his or her retirement, and a retired teacher who retired as a school superintendent may not be employed as a school superintendent by the same school system in which such person was so employed prior to his or her retirement. (2) A regional educational service agency as defined in Code Section 20-2-270 may employ a retired teacher as a full-time improvement specialist, and such person shall be subject to the provisions of subsection (c) of this Code section. (3) The salary paid to any retired teacher employed under this Code section shall be determined pursuant to an agreement between the retired teacher and the employing school system. No such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. (4) A public school system employing a retired teacher subject to this subsection shall pay all employer and employee contributions to this retirement system as otherwise provided in this chapter; provided, however, that no such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. (c) Any other provision of this article to the contrary notwithstanding, a retired teacher may return to service as a classroom teacher, principal, superintendent, media specialist, or counselor, and such retired teacher’s benefits under this article shall not be affected. Any such retired teacher so employed shall not be considered an active member of this retirement system and shall not accrue any additional benefits or further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. The provisions of this subsection shall not become a part of the employment contract and shall be subject to future legislation. (d) The provisions of this Code section shall be automatically repealed on June 30, 2016. (Code 1981, § 47-3-127.1, enacted by Ga. L. 2002, p. 585, § 3; Ga. L. 2003, p. 139, § 1; Ga. L. 2004, p. 107, § 22; Ga. L. 2004, p. 1061, § 1; Ga. L. 2005, p. 533, § 1/HB 495; Ga. L. 2008, p. 1094, § 1/SB 327; Ga. L. 2009, p. 368, § 1/SB 48.) The 2008 amendment, effective July 1, 2008, in paragraph (a)(1), substituted ‘‘sole’’ for ‘‘primary’’; added paragraph (a)(2); redesignated former paragraph (a)(2) as present paragraph (a)(3); in paragraph (a)(3), substituted ‘‘has been’’ for ‘‘was’’, inserted ‘‘normal’’, and substituted ‘‘for at least 12 calendar months’’ for ‘‘on December 31, 2003’’; in the first sentence of paragraph (b)(1), inserted ‘‘media specialist, or’’ and deleted ‘‘, librarian, or improvement specialist’’ following ‘‘counselor’’; in paragraph (b)(3), substituted ‘‘determined pursuant to an agreement between the retired teacher and the employing school system’’ for ‘‘commensurate with the position and the individual’s qualifications. Retired teachers paid under this Code section shall be reported to the state at the certificate and experience level at which the teacher is assigned’’; in paragraph (b)(4), inserted ‘‘and employee’’; in subsection (c), inserted ‘‘media specialist, or’’ and deleted ‘‘librarian, or improvement specialist,’’ following ‘‘counselor,’’; and added subsection (d). The 2009 amendment, effective April 30, 2009, part of an Act to revise, modernize, and correct this title, revised punctuation in paragraphs (b)(1) and (b)(2).