Bill Summary for H 376 (2011-2012)

Summary date: 

Mar 16 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 376 (Public) Filed Wednesday, March 16, 2011
Intro. by McGee

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Bill summary

Amends GS 135-45.2(f) [concerning eligibility for the Teachers’ and State Employees’ Retirement System (TSERS)] to clarify that former employees are eligible for the retirement plan, as described, if those employees are approved for disability retirement or disability income benefits but do not receive the benefits due to lump-sum payouts of vacation, bonus, and sick leave.
Amends GS 135-3(8)c1. (TSERS) and GS 128-24(5)c1. [concerning the Local Governmental Employees Retirement System (LGERS)], directing the employer to remit penalty payment to the retirement system, in one lump sum, within 90 days of the date the employer receives notification that the employer failed to report reemployed beneficiaries, as specified.
Makes clarifying changes to GS 135-5(c) and GS 128-27(c), which pertain to beneficiaries of disability retirement benefits.
Amends GS 128-21(19), which states the definition for retirement applicable to LGERS, to add that a retirement allowance may only be granted upon a member’s retirement. Also clarifies that in order for a member’s retirement to become effective in any month, the member must render no service, including part time, temporary, substitute, or contractor service, at any time during the month immediately following the effective date of retirement.
Amends GS 135-4(f)(1), which relates to the armed services credit, to add that a member’s employer must remit to the retirement system all employer contributions for the full period of the member’s service when a member previously on military leave returns to work, as specified. Makes a similar change to GS 128-26(a).
Currently GS 135-106(b) states that the long-term disability benefit is payable while the beneficiary is disabled and receiving a Social Security disability benefit until the earliest date that the beneficiary is eligible to receive an unreduced service retirement allowance. Amends GS 135-106(b) adding that a long-term disability recipient receiving the unreduced allowance will not be subject to the six-month waiting period prohibiting the member from rendering service for six months immediately following the retirement effective date.
Effective July 1, 2011.

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