Bill Summary for H 153 (2011-2012)

Summary date: 

Feb 21 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 153 (Public) Filed Monday, February 21, 2011
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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Bill summary

Enacts new GS 135-18.11 prohibiting, except as provided in new subsection (ii) of GS 135-4, the payment of any retirement benefits or allowances to a member of the Teachers’ and State Employees’ Retirement System (TSERs), except for a return of member contributions plus interest, if the member is convicted of a felony as listed in proposed subsection (b) of new GS 135-18.11 and the following applies: (1) the offense is committed while the member is an employee or a teacher; and (2) the conduct on which the offense is based is directly related to the member’s position as an employee or a teacher. Identifies the offenses in GS Chapter 14 (Criminal Law) and GS Chapter 90. Article 5 (NC Controlled Substances Act) that are covered by proposed GS 135-18.11. Also provides that alcohol-related offenses such as sale to underage persons (GS 18B-302) or driving while impaired (GS 20-138.1 through 20-138.5) are covered under proposed GS 135-18.11. Additionally provides that similar crimes under federal law are covered under proposed GS 135-18.11. Directs that all monies forfeited under GS 135-18.11 are to be remitted to the Civil Penalty and Forfeiture Fund.
New subsection (ii) to GS 135-4 identifies the consequences of violations of proposed GS 135-18.11 based on the teacher or employee’s status as vested or not vested. Provides that a teacher or employee who has not vested in TSERs as of July 1, 2011, forfeits all benefits under TSERs, except for a return of the member’s contributions plus interest, if the member is convicted of an offense listed under proposed GS 135-18.11 for acts committed after July 1, 2011. Provides that a teacher or employee who has vested in TSERs as of July 1, 2011, is not entitled to any creditable service accrued after July 1, 2011, if the member is convicted of an offense listed under proposed GS 135-18.11 for acts committed after July 1, 2011.
Effective July 1, 2011.

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