Bill Summary for H 203 (2023-2024)

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Summary date: 

Feb 23 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 203 (Public) Filed Thursday, February 23, 2023
AN ACT MAKING TECHNICAL CORRECTIONS AND OTHER CONFORMING AND CLARIFYING CHANGES TO THE LAWS GOVERNING THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, AND TO OTHER RELATED STATUTES, AS RECOMMENDED BY THE DEPARTMENT OF STATE TREASURER.
Intro. by Wheatley, Carson Smith.

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Bill summary

Amends GS 135-3(8)f (pertaining to membership in the Teachers’ and State Employees’ Retirement System [TSERS]) as follows. Amends repayment provisions to TSERS following reemployment in the six months immediately following retirement by providing the member with an option, if they are unable to make a lump-sum reimbursement payment, to elect to have the entirety of their monthly retirement benefit withheld until TSERS has recovered three times the amount of compensation earned during the six months immediately preceding following the effective date of retirement. 

Amends GS 135-4 (pertaining to creditable service for TSERS) to specify that an employee must be on approved leave of absence for provision to apply. (Currently, an employee must only be on “leave of absence.”) 

Amends GS 135-4(ff) (TSERS) and GS 128-26(v) (Local Government Retirement System) pertaining to retroactive membership services, by making technical changes to provisions governing reinstatement by voluntary settlement agreement.

Amends GS 135-5(l) (pertaining to the definition of last day of actual service under the TSERS death benefit plan) by (1) making technical changes by referring to when the “employee” has been terminated (currently, refers to termination of employment); (2) making language gender neutral; and (3) changing the phrase “participant’s employment is interrupted” to “when the member’s service is interrupted” in prong discussing interruption due to service in the Uniformed Services.

Amends GS 135-8(b)(5) (TSERS) and GS 128-26(y)(3) (Local Government Employees’ Retirement System [LGERS]) by correcting statutory cross-references.

Makes technical change to GS 128-27(e)(6) (pertaining to LGERS disability retirement). 

Amends GS 128-26(g) (pertaining to allowance for service in LGERS) to specify that a member must be on approved leave of absence for provision to apply. (Currently, a member must only be on “leave of absence.”) 

Amends GS 128-27(l) (pertaining to the definition of last day of actual service under the LGERS death benefit plan) by (1) making technical changes by referring to when the “employee” has been terminated (currently, refers to termination of employment); and (2) changing the phrase “participant’s employment is interrupted” to “when the member’s service is interrupted” in prong discussing interruption due to service in the Uniformed Services.

Amends GS 128-30(b2) (pertaining to retroactive adjustment in compensation or underreporting of compensation in LGERS) by removing statutory reference to GS 135-1(definition of average final compensation under TSERS) and replaces it with statutory reference to definition of average final compensation under LGERS (GS 128-21).

Amends GS 135-102(a) to indicate that the Disability Income Plan of North Carolina should be administered by the Department of State Treasurer and TSERS except where otherwise provided in law. (Currently, there is no reference to any exception to administration.) Amends GS 135-105(a)(4)  to remove reference to “attending physician” in short-term disability certification and replaces it with “physician.”

Amends GS 146-30 (pertaining to the application of net proceeds for State lands) by requiring the deposit of net proceeds to be, amongst other things not changed by the act, in accordance with Article 6A of GS Chapter 147 (was, required deposit of net proceeds with the State Treasurer.) Amends provisions governing net proceeds derived from the sale of land and timber and other products of land under the supervision and control of the Department of Agriculture and Consumer Services (DACS) so that the net proceeds for land are deposited in a capital improvement account to the credit of DCAS and the net proceeds for timber and other products of land are deposited in accounts to the credit of DACS (was, net proceeds for land are deposited with the State Treasurer in a capital improvement account and for timber deposited in DACS accounts).   

Amends provisions governing net proceeds derived from the sale of park land owned or under the supervision and control of the Department of Natural and Cultural Resources so that the net proceeds are deposited in a capital improvement account to the credit of the Department of Administration (was, net proceeds for park land are deposited with the State Treasurer in a capital improvement account to the credit of the Department of Administration).

Amends provisions governing net proceeds derived from the sale of land owned by the State in the Camp Butner reservation so that the net proceeds for land are deposited in a capital improvement account to the credit of the Department of Health and Human Services (was, net proceeds are deposited with the State Treasurer in a capital improvement account to the credit of the Department of Health and Human Services).

Specifies that DCAS, the Department of Administration, the Department of Health and Human Services, and the Department of Public Safety are subject to Article 6A of Chapter 147 of the General Statutes with respect to net proceeds required to be deposited as provided by GS 146-30.

Effective January 1, 2024.