RETIREMENT TECHNICAL CORRECTIONS.-AB

View NCGA Bill Details2013-2014 Session
House Bill 358 (Public) Filed Tuesday, March 19, 2013
A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL AND CONFORMING CHANGES TO THE STATUTES AFFECTING THE STATE RETIREMENT SYSTEMS.
Intro. by Moffitt, Blust, Warren, Collins.

Status: Ch. SL 2013-288 (House Action) (Jul 18 2013)
H 358/S.L. 2013-288

Bill Summaries:

  • Summary date: Jul 22 2013 - More information

    AN ACT TO MAKE TECHNICAL AND CONFORMING CHANGES TO THE STATUTES AFFECTING THE STATE RETIREMENT SYSTEMS. Enacted July 18, 2013. Section 9 is effective December 1, 2013. The remainder is effective July 1, 2013.


  • Summary date: May 2 2013 - More information

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

    Makes clarifying changes to GS 135-1(20), defining retirementas it applies to the Teachers' and State Employees' Retirement System, and GS 135-53(16), defining retirementas it applies to the Consolidated Judicial Retirement Act.

    Deletes changes to GS 120-4.8, which amended the definition of retirementas it applied to the Legislative Retirement System.

    Deletes changes to GS 135-101(3), defining benefitsas they applies to the Disability Income Plan of North Carolina (Plan).

    Amends GS 135-105(d) to require that an employer notify the Planof the amount of short-term benefits and State Health Insurance premiums paid by the employer (was, notify the Plan of short-term benefits paid by the employer) for which the Plan is to reimburse the employer.

    Makes a conforming change to GS 135-111 (Applicability of other pension laws).

    Amends GS 135-18.11 to apply only to the improper receipt of a decedent'sretirement allowance (was, retirement allowance or disability benefit).

    Makes a technical correction to GS 128-26(x).

    Makes the amendmentsto statutes provided inSection 9 of this act, which deals with the improper receipt of a decedent's disability income or retirement allowance, effective December 1, 2013, and applies to acts committed on or after that date. Provides that the remainder of this act becomes effective July 1, 2013, (was, all of the provisions of the act were effective July 1, 2013).


  • Summary date: Mar 20 2013 - More information

    Amends GS 143-166.30(d), deleting the limit of how much a participant can contribute to the Supplemental Retirement Income Plan for State Law-Enforcement Officers (was, couldn't contribute more than 10% of compensation).

    Amends GS 143-166.50(e), deleting the limit of how much a participant can contribute to the Supplemental Retirement Income Plan for Local Government Law-Enforcement Officers (was, couldn't contribute more than 10% of compensation).

    Amends GS 128-26(a1), dealing with the credit allowed an individual who gave military service. Establishes that a member retiring on or after July 1, 1971, will be allowed credit for any period of qualifying serivce in the Armed Services, as defined for purposes of reemployment rights under federal law, provided that, the returning member is in service, with the employer by whom the member was employed when the member entered military services, for a period of not less than 10 years after the member is separated or released from that military service under other than dishonorable conditions or the following are met:

    (1) The member did not, prior to leaving for military service, provide clear written notice of an intent not to return to work after military service. 

    (2) The member was discharged from uniformed service and returned from the leave of absence for uniformed service to membership service in this system within the time limit mandated by federal law for reporting back to work.

    (3) The period of uniformed service, for which additional service credit is sought, has been verified by suitable documentation and is not eligible for receipt of benefits under any other retirement system or pension plan. 

    (4) All service credit forfeited by a refund pursuant to the provisions of GS 128-27(f) has been purchased.

    Limits the uniformed service credit allowed under this subsection to a maximum of five years unless specifically exempted by federal law.The salary or compensation of such an employee during qualifying military service will be considered to be that salary or compensation the employee would have received but for the period of service had the employee remained continuously employed. If the salary is not reasonably certain, the determination will be considered as an average rate of compensation during the 12-month period immdeiately proceeding the period of service.

    Amends GS 135-1(14), GS 128-21(14), GS 135-1, GS 128-21, GS 135-53(16), and GS 120-4.8, making technical, conforming, and clarifying changes.

    Amends GS 135-5.1(b), providing that the Optional Retirement Program will be permitted to file individual election forms with the Retirement System using electronic transmission.

    Amends GS  135-101(3), providing that the monthly disability benefit will not be prorated unless the death occurs during the final month of the approved benefit period. In such cases, the benefits will not exceed the last date of approval.

    Amends GS 135-106(d), clarifying that an early service retirement allowance is effective with the first day of the month following the end of the short-term period.

    Amends GS Chapter 135 by adding a new section, GS 135-111.1 (Improper receipt of decedent's Disability Income Plan allowance). Provides that a person is guilty of  a Class 1 misdemeanor if the person, with intent to defraud, receives money by cashing, depositing, or receiving a direct deposit of a decedent's Disability Income Plan allowance and knows he or she is not entitled to those funds and receives the benefit of such funds two months after the date of the beneficiary's death and does not attempt to inform the System of the beneficary's death.

    Amends GS 135-118.11, 128-38.5, 135-75.2, and 120-4.34, making technical and clarifying changes. Establishes that the provisions apply to the death of a retiree or death of a beneficiary.

    Amends GS 143-166.2(d), making technical changes. Establishes that the North Carolina Association of Rescue and Emergency Medical Services must file a roster meeting the specified requirements with the State Treasurer before January 31 of each year. DHHS is also required to furnish a list of ambulance service members to the State Treasurer on or about January 31.

    Effective July 1, 2013.


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