House committee substitute to the 1st edition makes the following changes. Makes conforming changes to act’s long title.
Modifies the shortened separation period barring a member of the Teachers and State Employees Retirement System (TSERS) in GS 135-1(20)(defining retirement) from performing paid work from 30 days after retirement to two months for retired assistant public defenders and retired assistant district attorney who are certified to have earned at least five years of membership service in either of those roles and who becomes employed by the Judicial Branch (previously no service requirement or reemployment by Judicial Branch required). Makes conforming changes to GS 135-3(d)(changes to effective date of retirement based on work during the required separation period).
Clarifies that the State Treasurer must seek a favorable private letter ruling (was, just private letter ruling) from the IRS to determine if the act itself (was the modification to the separation period above) jeopardizes the TSERS status. Directs the Treasurer to do so by January 1, 2026, or 120 days of the act becoming law, whichever is later. Directs that if the Treasurer sought a private letter ruling on the impact of the act on TSERS, and the Internal Revenue Service declines to make a private letter ruling or does not issue a response by December 17, 2026, then the act is repealed. Provides for notice by the Treasurer to the Revisor of Statutes, its employees, and on its website in the event of the act’s repeal. Makes technical, organizational, and conforming changes. Specifies that these provisions and the part of the act authorizing TSERS to increase receipts from the retirement assets of the system or pay costs associated with the administration directly from the retirement assets are effective when the act becomes law.
Directs the Administrative Office of the Courts (AOC) and the Director of Indigent Defense Services (IDS) to provide monthly certification to TSERS that the member is employed as a district attorney or public defender. Prevents retired persons reemployed under the act from eligibility for election into a position that would lead the person to be eligible to accrue benefits under GS 135-3. Authorizes the Executive Director to correct any failures of the AOC, the Conference of District Attorneys, or IDS, as specified, with AOC, the Conference of District Attorneys, or IDS to pay for the cost of correction.
Bill Summaries: all (2025-2026 Session)
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Bill H 487 (2025-2026)Summary date: Apr 9 2025 - View summary
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Bill H 487 (2025-2026)Summary date: Mar 24 2025 - View summary
Identical to S 364, filed 3/20/25.
Shortens the separation period barring a member of the Teachers and State Employees Retirement System (TSERS) from performing paid work from six months after retirement to 30 days after retirement for retired assistant public defenders and retired assistant district attorney in GS 135-1(20)(defining retirement). Makes conforming changes to GS 135-3(d)(changes to effective date of retirement based on work during the required separation period) and GS 135-106 (long term disability benefits).
Directs the State Treasurer to seek a private letter ruling from the IRS to determine if the modification to the separation period above, jeopardizes TSERS's status. If the IRS determines that the act does jeopardize TSERS’s status, then repeals the changes to the provisions of GS Chapter 135, discussed above on the last day of the month following the month of receipt of that determination by the State Treasurer. If that occurs, instructs the State Treasurer to inform the Revisor of Statutes and publicly notice the receipt of the letter and the repeals on its website as well as notifying all former assistant district attorneys and former assistant public defenders reemployed by that employer of the repeal.
Allows TSERS to increase receipts from the retirement assets of the system or pay costs associated with the administration directly from the retirement assets.
Effective January 1, 2027.
Effective July 1, 2025, appropriates $100,000 for 2025-26 from the General Fund to the Department of the State Treasurer to obtain the private letter ruling discussed above.