Bill Summary for H 768 (2023-2024)

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Summary date: 

Apr 20 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 768 (Public) Filed Tuesday, April 18, 2023
Intro. by Carson Smith, Pyrtle, Greene, Miller.

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Bill summary

Amends GS 128-24 (Local Government Employees Retirement System) and GS 135-3 (Teachers and State Employees Retirement System)  to allow law enforcement officers (LGERS and TSERS) or justice officers (LGERS) to continue to be paid their retirement allowance without restriction if the beneficiary is subsequently employed as (1) a law enforcement officer or justice officer (LGERS) or (2) law enforcement officer (TSERS) as long as any employment follows a break in service of: not less than one month for LGERS qualifying beneficiaries or not less than six months for TSERS qualifying beneficiaries. Requires that the employer pay into the applicable retirement system an amount equal to both the members' and employers' contributions required by law for the duration of the employment. Defines what employment and employed mean under the act. Specifies that service by a beneficiary as set forth above does not count as membership service or increase the beneficiary's retirement benefits under the applicable retirement system.

Amends GS 143-166.41(c) (State law enforcement officers) and GS 143-166.42(c1) (law enforcement officers employed by a local government employer) pertaining to when payments to retired officers cease under the special separation allowances for law enforcement officers to narrow the exemption for when those officers return to certain reemployment with the State/local government to have it only apply as follows: (1) to State law enforcement officers when the reemployment is a public safety position (but not a probation or parole officer) and (2) to local government officers when reemployment is in a public safety position (i.e., a law enforcement officer or justice officer). 

Makes conforming changes to GS 143-166.85 (benefits under the Sheriffs’ Supplemental Pension Fund Act of 1985) to delete provision requiring monthly pension payments under that act to stop upon certain reemployment.

Specifies that the act not confer an entitlement to retroactive payment of Special Separation Allowance payments, Sheriffs' Supplemental Pension Fund payments, or retirement allowance payments that were suspended on account of reemployment prior to the effective date of the act. Sunsets the statutory changes described above four years from the date the act becomes law.