Bill Summary for H 406 (2021-2022)

Summary date: 

Mar 24 2021

Bill Information:

View NCGA Bill Details2021
House Bill 406 (Local) Filed Wednesday, March 24, 2021
Intro. by Hastings.

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Bill summary

Provides the following, applicable to Cleveland County only. 

Requires every sworn law enforcement officer, as defined, employed by Cleveland County who meets four qualifying criteria to receive, beginning in the month in which the officer retires from basic service retirement on and after January 1, 2022, an annual separation allowance based on years of service ranging from 25 to 30 years or greater, corresponding to a percentage of the annual equivalent of the base rate of compensation most recently applicable to the officer for each year of creditable service ranging from 0.725% to 0.850%. Defines creditable service to mean the service for which credit is allowed under the retirement system of which the officer is a member so long as at least 50% of the service is as a law enforcement officer. Requires the allowance to be paid in equal installments on the payroll frequency used by the employer. Restricts qualifications to officers who have completed at least 25 years of creditable service, are not 62 years of age or older, have completed at least 10 years of continuous service as a law enforcement officer for the County immediately preceding a service retirement, except specified breaks for disability retirement or contribution benefits, and do not receive the special separation allowance provided under specified law. Ceases allowance payments upon the death of the officer, the last day of the month in which the officer reaches 62, or the first day of reemployment by a local government employer, unless employed in a public safety position that does not require participation in the respective retirement system or in service to the county board of elections on an election day which does not affect the retiree's benefits under the appropriate retirement system.

Provides that the act does not affect other benefits of which the officer is entitled. Provides that the act's benefits are not subject to any salary or allowance increases. Charges the governing body of the County to determine employee eligibility and make payments to eligible persons. 

Effective January 1, 2022. 

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