EXTEND SPIKING MORATORIUM/LGERS SURETY. (NEW)

View NCGA Bill Details2021
House Bill 177 (Public) Filed Thursday, February 25, 2021
AN ACT TO EXTEND THE PENSION-SPIKING LITIGATION PAUSE AND THE REPORT DEADLINE AND TO CLARIFY REQUIREMENTS FOR PARTICIPATION IN THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM FOR ELIGIBLE EMPLOYERS THAT DO NOT HAVE TAXING AUTHORITY.
Intro. by Lambeth, McNeill, Hurley.

Status: Ch. SL 2022-70 (Jul 8 2022)

SOG comments (1):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original title was AN ACT TO MAKE TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO LAWS RELATING TO THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES.

Bill History:

H 177/S.L. 2022-70

Bill Summaries:

  • Summary date: Jul 26 2022 - More information

    AN ACT TO EXTEND THE PENSION-SPIKING LITIGATION PAUSE AND THE REPORT DEADLINE AND TO CLARIFY REQUIREMENTS FOR PARTICIPATION IN THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM FOR ELIGIBLE EMPLOYERS THAT DO NOT HAVE TAXING AUTHORITY. SL 2022-70. Enacted July 8, 2022. Effective June 30, 2022.


  • Summary date: Jun 21 2022 - More information

    Senate committee substitute replaces the content of the 1st edition with the following.

    Amends Section 3.2, SL 2021-72, extending the moratorium period within which local governments are prohibited from filing legal actions against the State regarding the anti-pension-spiking contribution-based benefit cap under GS 135-5(a3) and applicable statute of limitations are tolled, to now end the period on June 30, 2023, rather than June 30, 2022. Adds a new provision to prohibit the Teachers and State Employees' Retirement System (TSERS) from requesting, prior to September 1, 2023, an interception of State appropriations under GS 135-8(f)(3) for unpaid contributions attributable to retirements that occurred between July 1, 2021, and June 30, 2022.

    Amends Section 4, SL 2021-72, extending the deadline by which the Department of State Treasurer and the School Boards Association's working group charged with reviewing the anti-pension-spiking contribution-based benefit cap can report its findings and recommendations to the specified NCGA committee, now providing for a report by December 15, 2022 (was, April 1, 2022).

    Enacts GS 128-23(i), providing that an eligible employer that is not a taxing authority and is not a participating employer in the Local Governmental Employees' Retirement System (LGERS) on September 1, 2023, is not eligible to commence participation in LGERS without obtaining a surety as defined in rules adopted by the LGERS Board of Trustees (Board). Requires the Board's rules to address how such an employer will cover a withdrawal liability incurred for ceasing participation in the System. 

    Directs the Board to adopt necessary implementing rules by August 1, 2023.

    Effective June 30, 2022. 

    Changes the act's titles. 


  • Summary date: Feb 25 2021 - More information

    Identical to S 159, filed 2/25/21.

    Amends GS 135-48.33, increasing the threshold of contracts for the State Health Plan for Teachers and State Employees (SHP) that require approval of the Board of Trustees from contracts in excess of $500,000 to contracts in excess of $5 million. Makes conforming changes. 

    Amends GS 135-48.41(b), eliminating the prohibition against dependent child eligibility for coverage under the SHP if the dependent child is eligible for employer-based health care outside of the SHP, other than a parent's claim. Modifies the authorization for continued coverage for certain disabled dependent children beyond the child's 26th birthday to require the dependent child to be disabled and covered by the SHP on his or her 26th birthday, with verification provided within 60 days after the child's 26th birthday. No longer requires that the dependent child be incapable of earning a living with a handicap that developed or began before the 19th birthday, or the 26th birthday. Makes conforming changes. 

    Amends GS 135-48.24, modifying the administrative review process for appealed claims to eliminate participation by the SHP Board of Trustees. Requires the Executive Administrator to make binding decisions on matters determined not to be subject to external review. No longer requires provision of written summaries to employing units, health benefit representatives, relevant health care providers, and approved parties requesting the summary. Specifies that determination includes decisions that health care services have been reviewed and do not meet the SHP's benefit offerings. Makes technical and clarifying changes. 

    Makes conforming repeal of GS 135-48.22(3), which includes oversight of administrative reviews and appeals as a duty of the SHP Board of Trustees.

    Amends GS 150B-1 to exclude decisions by the Executive Administrator that an internal appeal is not subject to external review under GS 135-48.24, as amended, from the Chapter's contested case provisions. Makes conforming changes. 

    Amends GS 135-48.27 to specify that reports of the State Treasurer, Executive Administrator, and SHP Board of Trustees to the NCGA are upon request and in the manner designated by the previously specified NCGA leadership. Eliminates a statutory reference since repealed. 

    Corrects a statutory reference in GS 135-48.1(14).


Printer-friendly: Click to view