FORFEITURE OF RETIREMENT BENEFITS/JUDGES.

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View NCGA Bill Details2017-2018 Session
House Bill 160 (Public) Filed Tuesday, February 21, 2017
AN ACT PROHIBITING THE RECEIPT OF BENEFITS FROM THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM FOR JUDGES WHO HAVE BEEN IMPEACHED AND CONVICTED OR REMOVED FROM OFFICE.
Intro. by Burr, Lewis, Bumgardner, Bert Jones.
Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 25 2017)

SOG comments (1):

Change long title

Submitted by Donna.Clark@ncl... on

House committee substitute to 1st edition changed long title.  Long title was AN ACT PROHIBITING THE RECEIPT OF BENEFITS FROM THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM FOR JUDGES WHO HAVE BEEN IMPEACHED OR REMOVED FROM OFFICE.

Bill History:

H 160

Bill Summaries:

  • Bill H 160 (2017-2018)
    Summary date: Apr 20 2017 - View Summary

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

    Deletes all provisions and replaces them with the following.

    Enacts new GS 135-75.1B (Forfeiture of retirement benefits for conviction on impeachment or removal from office). Prohibits the Board of Trustees of the State Health Plan for Teachers and State Employees (Board of Trustees) from paying any retirement benefits or allowances, except for a return of member contributions plus interest, to any justice or judge who is convicted on impeachment for reasons other than physical and mental incapacity, or is removed from office under GS 7A-376(b). Authorizes a justice or judge whose conviction on impeachment or removal from office is vacated or set aside to seek a reversal of the benefit forfeiture by presenting evidence to the State Treasurer. Authorizes the State Treasurer to reverse benefit forfeitures as appropriate. Provides for repayment and rate of interest on repayment.

    Amends GS 135-56 to require justices or judges who have not vested in the Consolidated Judicial Retirement System on December 1, 2017, and are impeached or removed from office for acts committed after December 1, 2017, to forfeit all benefits under the system except for a return of member contributions plus interest. Justices or judges who have vested on December 1, 2017, who are convicted on impeachment or removed from office for acts committed after December 1,2017, are not entitled to creditable service after December 1, 2017.

    Makes a conforming change to GS 7A-376(b).

    Directs the General Assembly and the supreme court to notify the State Treasurer and the Board of Trustees of the conviction on impeachment or removal from office of a justice or judge.

    Effective December 1, 2017, and applies to offenses committed on or after that date.

    Makes conforming changes to the act's long title.

    Courts/Judiciary, Court System, Employment and Retirement
    GS 7A, GS 135
  • Bill H 160 (2017-2018)
    Summary date: Feb 21 2017 - View Summary

    Identical to S 117, filed 2/21/17.

    Enacts new GS 135-75.1B to prohibit the payment of any retirement benefits or allowances, except for a return of member contributions plus interest, to any judge who is impeached for reasons other than a physical or mental incapacity interfering with the performance of the judge's duties. Also prohibits paying retirement benefits or allowances, except for a return of member contributions plus interest, to any judge removed from office under GS 7A‑376(b), which allows the Supreme Court to remove any judge for willful misconduct in office, willful and persistent failure to perform the judge's duties, habitual intemperance, conviction of a crime involving moral turpitude, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute.

    Courts/Judiciary, Court System, Employment and Retirement
    GS 135
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