NO PUBLIC RETIREMENT FOR CONVICTED FELONS (NEW).

View NCGA Bill Details2011-2012 Session
House Bill 153 (Public) Filed Monday, February 21, 2011
TO PROHIBIT A PERSON WHO HAS BEEN CONVICTED OF A FELONY FROM RECEIVING RETIREMENT FROM THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM.
Intro. by Howard, Ross, T. Moore, H. Warren.

Status: Ch. SL 2012-193 (House Action) (Jul 17 2012)

Bill History:

H 153/S.L. 2012-193

Bill Summaries:

  • Summary date: Jul 19 2012 - More information

    AN ACT TO PROHIBIT A PERSON WHO HAS BEEN CONVICTED OF A FELONY RELATED TO EMPLOYMENT OR HOLDING OFFICE FROM RECEIVING RETIREMENT BENEFITS FROM THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, THE LEGISLATIVE RETIREMENT SYSTEM, THE OPTIONAL RETIREMENT PROGRAM FOR THE UNIVERSITY OF NORTH CAROLINA, THE OPTIONAL RETIREMENT PROGRAM FOR STATE-FUNDED COMMUNITY COLLEGES, THE SUPPLEMENTAL RETIREMENT INCOME PLAN FOR STATE LAW-ENFORCEMENT OFFICERS, AND THE SUPPLEMENTAL RETIREMENT INCOME PLAN FOR LOCAL GOVERNMENTAL LAW-ENFORCEMENT OFFICERS. Summarized in Daily Bulletin 2/21/11, 3/31/11, 4/5/11, 4/6/11, 6/20/12, and 6/26/12. Enacted July 17, 2012. Effective December 1, 2012.


  • Summary date: Jun 26 2012 - More information

    Senate amendment makes the following changes to 4th edition.
    Changes the act’s effective date to December 1, 2012 (was, July 1, 2012) and makes conforming changes throughout to update all activating dates to December 1, 2012.


  • Summary date: Jun 20 2012 - More information

    Senate committee substitute makes the following changes to 3rd edition.
    Changes the act’s effective date to July 1, 2012 (was, 2011) and makes conforming changes throughout to update all activating dates to July 1, 2012. Makes technical changes to modify the proposed statutory numbers. Clarifies that a present member of the General Assembly who has not vested in the Legislative Retirement System on July 1, 2012, and is convicted of a felony for acts committed after July 1, 2012, forfeits retirement benefits. Enacts new subsection (h) to GS 135-5.1 to require the Optional Retirement Program for the University of North Carolina to include corresponding benefit forfeiture provisions applicable to University personnel convicted of a felony. Makes a similar change applicable to the Optional Retirement Program for community colleges in GS 135-5.4. Amends GS 143-166.30 to specify that participants in the Supplemental Retirement Income Plan for state law enforcement officers who forfeit their benefits under proposed GS 135-18.10A (forfeiture provision) also forfeit contributions paid on or after July 1, 2012, by the state on the participant’s behalf. Makes conforming changes. Makes a similar change to GS 143-166.50, applicable to the Supplemental Retirement Income Plan for local governmental law enforcement officers. Makes conforming changes. Makes additional clarifying and technical changes, and makes conforming changes to the bill title.


  • Summary date: Apr 6 2011 - More information

    House amendments make the following changes to 2nd edition.
    Amendment # 2 does the following. Amends proposed GS 135-75.2 to provide that the Board of Trustees may not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony if, among other things, the offense is committed while the member is a judge, a district attorney, a clerk of superior court, a public defender, or the Director of Indigent Defense Services (was, while the member is an employee, a teacher, or an officer of a participating employer). Amends proposed GS 120-4.34 to provide that the Board of Trustees may not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony if, among other things, the offense is committed while the member is serving as a member of the General Assembly (was, while the member is an employee, a teacher, or an officer of a participating employer).
    Amendment # 3 does the following. Amends proposed GS 135-18.11, proposed GS 128-38.5, proposed GS 135-75.2, and proposed GS 120-4.34, respectively, to allow a member or former member whose benefits are forfeited and who subsequently receives an unconditional pardon of innocence or has the conviction vacated or set aside for any reason to seek a reversal of the benefit forfeiture. Specifies how the State Treasurer must calculate repayment of accumulated contributions if the Treasurer determines that the reversal of the benefit forfeiture is appropriate.


  • Summary date: Apr 5 2011 - More information

    House amendment makes the following changes to 2nd edition. Changes the effective date from December 1, 2011, to July 1, 2011.


  • Summary date: Mar 31 2011 - More information

    House committee substitute makes the following changes to 1st edition.
    Amends proposed GS 135-18.11(a), clarifying that, except as provided, the Board of Trustees of the Teachers’ and State Employees’ Retirement System will not pay retirement benefits or allowances, except for a return of member contributions plus interest, to any member convicted of a felony under federal or NC law if: (1) the offense is committed while the member is an employee, a teacher, or an elected or appointed officer of a participating employer, and (2) the individual’s conduct is directly related to the individual’s office or employment. Deletes provisions of proposed GS 135-18.11(b) and instead states that a court must find that the individual’s conduct was directly related to the individual’s office or employment, as specified. Deletes provision remitting all monies to the Civil Penalty and Forfeiture Fund. Makes conforming changes, and makes a conforming change to proposed GS 135-4(ii).
    Extends the provisions of the act prohibiting felons from receiving retirement benefits as follows: enacts new GS 128-38.5 and 128-26(x) (Local Governmental Employees’ Retirement System), new GS 135-75.2 and 135-56(j) (Consolidated Judicial Retirement Act), and new GS 120-4.34 and 120-4.12(g) (Legislative Retirement System).
    Adds a new section amending GS 15A-1340.16(d)(9), clarifying that it is an aggravating factor if the defendant held public elected or appointed office or public employment at the time of the offense and the offense directly related to the conduct of the office or employment. Enacts new GS 15A-134016(f), directing the court to notify the State Treasurer if the court convicts the defendant and finds the aggravating factor under (d)(9). Requires the indictment to include notice of the state’s intent to prove the aggravating factor under (d)(9).
    Directs the State Treasurer to negotiate with specified U.S. Attorneys to create a memorandum of agreement providing notice of the applicable convictions.
    Makes a conforming change to the title to reflect new bill content. Applies to offenses committed on or after December 1, 2011 (was, July 1, 2011).


  • Summary date: Feb 21 2011 - More information

    Enacts new GS 135-18.11 prohibiting, except as provided in new subsection (ii) of GS 135-4, the payment of any retirement benefits or allowances to a member of the Teachers’ and State Employees’ Retirement System (TSERs), except for a return of member contributions plus interest, if the member is convicted of a felony as listed in proposed subsection (b) of new GS 135-18.11 and the following applies: (1) the offense is committed while the member is an employee or a teacher; and (2) the conduct on which the offense is based is directly related to the member’s position as an employee or a teacher. Identifies the offenses in GS Chapter 14 (Criminal Law) and GS Chapter 90. Article 5 (NC Controlled Substances Act) that are covered by proposed GS 135-18.11. Also provides that alcohol-related offenses such as sale to underage persons (GS 18B-302) or driving while impaired (GS 20-138.1 through 20-138.5) are covered under proposed GS 135-18.11. Additionally provides that similar crimes under federal law are covered under proposed GS 135-18.11. Directs that all monies forfeited under GS 135-18.11 are to be remitted to the Civil Penalty and Forfeiture Fund.
    New subsection (ii) to GS 135-4 identifies the consequences of violations of proposed GS 135-18.11 based on the teacher or employee’s status as vested or not vested. Provides that a teacher or employee who has not vested in TSERs as of July 1, 2011, forfeits all benefits under TSERs, except for a return of the member’s contributions plus interest, if the member is convicted of an offense listed under proposed GS 135-18.11 for acts committed after July 1, 2011. Provides that a teacher or employee who has vested in TSERs as of July 1, 2011, is not entitled to any creditable service accrued after July 1, 2011, if the member is convicted of an offense listed under proposed GS 135-18.11 for acts committed after July 1, 2011.
    Effective July 1, 2011.


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