House Bill 385

Frequently Asked Questions

  • The retiree MUST notify the potential employer of their status as a TRS benefit recipient.
  • Must have a minimum of 30.000 years of creditable service on account at retirement.
  • Must have been retired and NOT have been “restored to service” for a minimum of 1.000 year. Being “restored to service” can result either when a retiree has suspended their benefits OR terminated their benefits. A retiree who has been working at 49% or less is NOT considered restored to service.
  • Must be in a teaching position in PK-12 and in a high needs area as defined by the relevant RESA.
*TRS has integrated the above parameters in our Electronic Verification Form (EVF) reporting process. This is the same process that is currently being used for all TRS retiree hires. ALL TRS participating employers are required to submit an EVF through our online portal for ALL TRS retirees being considered for hire. The online submittal process is coded with parameters that are required for retirees who are seeking employment with a TRS participating employer subsequent to retirement. If the retiree satisfies all of the requirements, the submittal is “auto-approved”, without any staff interaction on TRS’ end, and the employer will receive notification of such; usually within 15 minutes. If the retiree does not meet all of the parameters, the submittal is generally forwarded to TRS staff for manual review and the employer is notified of such. Sometimes a submittal will be outright rejected based on obvious issues of non-compliance; though this is the exception, rather than the norm. Our current ratio for “auto-approvals” is approximately 3 to 1 for approved status.

  • July 1, 2022 - when the law officially goes into effect.

  • There are NO salary restrictions with HB 385. Employers and retirees are free to negotiate the salary as they wish.

  • Yes, the law is scheduled to automatically repeal/sunset. Without action from the legislature, its last day in effect will be June 30, 2026.

  • Teachers are required to teach in a high needs subject area a minimum of 50% of what a full-time schedule would be for that particular position. Ex., a 40.00-hour work week for a math teacher equals full-time status - then the teacher must be engaged in the position for a minimum of 20.00 hours per week…OR…160.00 hours equals full-time status for the month for a math teacher – then the teacher must be engaged in the position for a minimum of 80.00 hours during the month…etc. Since salary is not an issue, TRS will be working on the “honor system” as it relates to the number of hours worked that are required to be compliant with the law. However, please be advised that TRS reserves the right to audit the hiring records of any TRS participating employer that employs TRS retirees in any capacity.

  • The HB 385 EVF's will be submitted through the online portal in the same manner as all other EVF's, with a couple of important exceptions. The employer will select “Full-Time Classroom Teacher” from a prepopulated drop-down box AND the employer will be required to specify the critical “Subject Area” from a prepopulated drop-down box. The remainder of the process remains the same.

  • The HB 385 information will be submitted on the EVF's through the online portal as noted above.

  • The point of contact for returning to work issues is Christy Gray, Operations Manager of Working-after-Retirement in the Retirement Services Division.
  • The point of contact for reporting contributions is Cherie Brown, Operations Manager of Employer Services in the Employer Services Division.

TRS will communicate information to employers through email, social media, www.trsga.com, and employer training events and conferences.
Contribution Reporting for Rehired Retirees Per HB 385
  • Contributions from employers are submitted to TRS on a monthly basis. Each month, employers submit a summarization report, as well as contribution details via a turnaround report or through the upload process.
  • On the summarization report, employers will report salary and contribution data for retirees rehired per HB 385 in fields 2a. and 6a.
  • Employers that upload contributions will use the payment code of 07 to indicate HB 385 employment. The retiree will not receive an additional service credit.
  • Employers that report through the turnaround process will select the individual member and indicate the payment reason code of HB 385 on the turnaround report. If the employer submits the contributions on a turnaround or through the upload process, they will:
    • Indicate a payment reason of 07. HB 385 will be indicated as a payment option on the turnaround report.
    • Indicate the service credit eligibility flag as N.
    • Indicate the pre-tax EECON as an increase or decrease.
    • Indicate the pre-tax EECON amount.
    • Indicate the employer paid EECON flag as Y.

  • When a retiree is working 50% or greater for a participating TRS employer, such as under HB 385, the Department of Community Health requires the employer to deduct State Health Benefit Plan premiums from the retiree’s compensation, rather than the pension payment. Once the retiree ceases to work at a rate of 50% or greater, the premium will revert back to being deducted from the retiree's pension payment.

  • TRS will post information for employers on www.trsga.com by June 1, 2022.

2022 Highest Need Subject Areas

Regional Education Service Agency (RESA)
CENTRAL SAVANNAH RIVER Math SPED Science
CHATTAHOOCHEE-FLINT Math SPED Science
COASTAL PLAINS Math SPED ELA
FIRST DISTRICT Math SPED ELA
GRIFFIN Math SPED Science
HEART OF GEORGIA Math ELA Science
METRO Math SPED Science
MIDDLE GEORGIA Math SPED Science
NORTH GEORGIA Math SPED Elem Ed
NORTHEAST GEORGIA Math SPED Science
NORTHWEST GEORGIA Math SPED Science
OCONEE Math SPED Science
OKEFENOKEE Math SPED Science
PIONEER Math SPED Science
SOUTHWEST GEORGIA Math SPED Science
WEST GEORGIA Math SPED ELA
STATE CHARTER SCHOOLS Math SPED ELA