Bill Summary for H 153 (2011-2012)

Summary date: 

Apr 6 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

House amendments make the following changes to 2nd edition.
Amendment # 2 does the following. Amends proposed GS 135-75.2 to provide that the Board of Trustees may not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony if, among other things, the offense is committed while the member is a judge, a district attorney, a clerk of superior court, a public defender, or the Director of Indigent Defense Services (was, while the member is an employee, a teacher, or an officer of a participating employer). Amends proposed GS 120-4.34 to provide that the Board of Trustees may not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony if, among other things, the offense is committed while the member is serving as a member of the General Assembly (was, while the member is an employee, a teacher, or an officer of a participating employer).
Amendment # 3 does the following. Amends proposed GS 135-18.11, proposed GS 128-38.5, proposed GS 135-75.2, and proposed GS 120-4.34, respectively, to allow a member or former member whose benefits are forfeited and who subsequently receives an unconditional pardon of innocence or has the conviction vacated or set aside for any reason to seek a reversal of the benefit forfeiture. Specifies how the State Treasurer must calculate repayment of accumulated contributions if the Treasurer determines that the reversal of the benefit forfeiture is appropriate.

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