ALTERNATIVE LEO SPECIAL SEPARATION ALLOWANCE. (NEW)

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View NCGA Bill Details2023-2024 Session
House Bill 810 (Public) Filed Tuesday, April 18, 2023
AN ACT PROVIDING AN ALTERNATIVE SPECIAL SEPARATION ALLOWANCE FOR STATE AND LOCAL LAW ENFORCEMENT OFFICERS WITH AT LEAST THIRTY YEARS OF CREDITABLE SERVICE.
Intro. by Pyrtle, Cotham, Miller, Moss.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 2 2023)

SOG comments (1):

Long title change

Submitted by jhenders@sog.unc.edu on

Committee substitute to the 1st edition changed the long title. Original long title was AN ACT PROVIDING LAW ENFORCEMENT OFFICERS WHO ARE MEMBERS OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM OR THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM AN ALTERNATIVE SPECIAL SEPARATION ALLOWANCE.

Bill History:

H 810

Bill Summaries:

  • Bill H 810 (2023-2024)
    Summary date: May 2 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Divides the provision of new GS 143-166.4 into two new statutes, GS 143-166.4, applicable to State law enforcement officers, and new GS 143-166.5, applicable to local law enforcement officers, and makes the following changes to those provisions.

    For State law enforcement officers, amends the amount of the separation allowance so that it is equal to 0.85% of the annual equivalent of the base rate of compensation at the time the officer attained 30 years of service times 30 (was, equal to 0.85% of the annual equivalent of the base rate of compensation at 30 years of creditable service). Defines creditable service to mean the service for which credit is allowed under the retirement system of which the officer is a member, provided that at least 50% of the service is as a law enforcement officer or as a probation/parole officer (probation/parole officer was not previously included). Excludes the first day of reemployment by any State department, agency, or institution of an officer returning to State employment in a position exempt from the North Carolina Human Resources Act in any agency other than the agency from which that officer retired from the events that trigger stoppage of the payments. Allows the Director of the Budget to authorize from time to time the transfer of funds within the budgets of each State department, agency, or institution necessary to carry out the purposes of this Article; requires the funds to be taken from those appropriated to the department, agency, or institution for salaries and related fringe benefits. Makes conforming changes throughout the statute to make provisions applicable at a state, instead of local, level. Makes additional technical changes. 

    Amends new GS 143-166.5, applicable to local law enforcement officers, as follows. Amends the amount of the separation allowance so that it is equal to 0.85% of the annual equivalent of the base rate of compensation at the time the officer attained 30 years of service times 30 (was, equal to 0.85% of the annual equivalent of the base rate of compensation at 30 years of creditable service). Makes additional technical changes.

    Amends the act's titles.

    Employment and Retirement, Government, Public Safety and Emergency Management, State Government, State Personnel, Local Government
    GS 143
  • Bill H 810 (2023-2024)
    Summary date: Apr 20 2023 - View Summary

    Enacts new GS 143-166.4, providing as follows. Allows a sworn law enforcement officer employed by a State department, agency, or institution to elect to receive, beginning in the month in which the officer retires, either the special separation allowance under existing GS 143-166.41, or an annual separation allowance equal to 0.85% of the annual equivalent of the base rate of compensation at 30 years of creditable service. Also allows a sworn law enforcement officer employed by a local government employer to elect to receive, beginning in the month in which the officer retires, either the special separation allowance under existing GS 143-166.42, or an annual separation allowance equal to 0.85% of the annual equivalent of the base rate of compensation most recently applicable to the officer for each year of creditable service. To qualify, requires the officers to have completed: (1) at least 30 but no more than 35 years of creditable service; (2) at least five years of continuous service (as defined) as a law enforcement officer immediately preceding a service retirement. Sets out conditions under which the payments will cease. Provides for conditions under which reemployment by a local government employer will not stop these payments. Requires the governing body of each local employer to determine eligibility of employees for these benefits and requires payments to be made from available funds. Effective July 1, 2023.

    Employment and Retirement, Government, Public Safety and Emergency Management, State Government, State Personnel, Local Government
    GS 143
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