Bill Summary for H 153 (2011-2012)
|View NCGA Bill Details||2011-2012 Session|
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.
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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).