Bill Summary for S 117 (2017-2018)
|View NCGA Bill Details||2017-2018 Session|
AN ACT TO PROHIBIT THE RECEIPT OF BENEFITS FROM THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM FOR JUDGES WHO HAVE BEEN IMPEACHED AND CONVICTED OR REMOVED FROM OFFICE; TO AMEND FELONY FORFEITURE STATUTES; TO CLARIFY ANTI-PENSION-SPIKING CONTRIBUTION-BASED BENEFIT CAP; AND TO PROVIDE AN EXEMPTION FROM RULE MAKING; TO MAKE OTHER TECHNICAL AND SUBSTANTIVE CHANGES TO LAW RELATING TO THE STATE TREASURER, TO THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, TO THE LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM LAWS, TO THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, AND RELATED STATUTES; AND TO MAKE A TECHNICAL CORRECTION TO THE STATUTES THAT INDICATE THE YEAR IN OR AFTER WHICH LAW ENFORCEMENT OFFICERS WHO ARE MEMBERS OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM OR THE LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM MAY RETIRE AFTER ACHIEVING TWENTY-FIVE YEARS OF CREDITABLE SERVICE SO THAT THE YEAR IN THE STATUTE AND THE YEAR THE SESSION LAW BECOMES EFFECTIVE ARE IN AGREEMENT.Intro. by Pate, Tucker.
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Senate committee substitute makes the following changes to the 2nd edition.
Deletes all provisions and replaces them with the following.
Enacts new GS 135-75.1B (Forfeiture of retirement benefits for conviction on impeachment or removal from office). Prohibits the Board of Trustees of the State Health Plan for Teachers and State Employees (Board of Trustees) from paying any retirement benefits or allowances, except for a return of member contributions plus interest, to any justice or judge who is convicted on impeachment for reasons other than physical and mental incapacity, or is removed from office under GS 7A-376(b). Authorizes a justice or judge whose conviction on impeachment or removal from office is vacated or set aside to seek a reversal of the benefit forfeiture by presenting evidence to the State Treasurer. Authorizes the State Treasurer to reverse benefit forfeitures as appropriate. Provides for repayment and rate of interest on repayment.
Amends GS 135-56 to require justices or judges who have not vested in the Consolidated Judicial Retirement System on December 1, 2017, and are impeached or removed from office for acts committed after December 1, 2017, to forfeit all benefits under the system except for a return of member contributions plus interest. Justices or judges who have vested on December 1, 2017, are not entitled to creditable service after December 1, 2017.
Makes a conforming change to GS 7A-376(b).
Directs the General Assembly and the Supreme Court to notify the State Treasurer and the Board of Trustees of the conviction on impeachment or removal from office of a justice or judge.
Effective December 1, 2017, and applies to offenses committed on or after that date.