Bill Summary for H 565 (2017-2018)

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Summary date: 

Jun 15 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 565 (Public) Filed Tuesday, April 4, 2017
AN ACT TO AMEND THE LAW ESTABLISHING THE CHARLOTTE FIREFIGHTERS' RETIREMENT SYSTEM.
Intro. by Clampitt.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Deletes all provisions of the 1st edition and replaces it with the following.

Amends the short and long titles.

Amends SL 1947-926, Section 2, Subdivision (9), as amended, which definescompensationfor that act, regarding the Charlotte Firefighters' Retirement System. Replaces references to sick and vacationdays with sick and vacationhours. Provides maximum sick, vacation, and Garcia Time hours in calculating a member's final average salary for members with 52-hour work weeks and 40-hour work weeks. Provides that for plan years beginning on or after July 1, 2017, the annual compensation of each member taken into account under the act will not exceed $160,000. For determining benefit accruals in a plan year, after June 30, 2017, the compensation limit for any prior determination period shall be $160,000. Makes conforming deletions.

Amends SL 1991-830, Section 1, as amended, to further amend SL 1947-926, as follows:

Amends Section 19 to clarify that Disability Regulations adopted by the Board of Trustees are approved by the Charlotte City Council (was, City of Charlotte).

Amends Section 25 toprovide that the City of Charlotte further contributes to the Charlotte Firefighters' Retirement System for any vacant positions at the rate of pay approved in the budget multiplied by 12.65%.

Amends Section 29 to increase the seats on the Board of Trustees from 11 to 13, and makes several changes to the composition of the Board's membership, including that the deputy city manager may sit in place of the city manager, but not another city department head or employee as designated by the city manager (as is currently authorized), and providing the two additional seats to members of the Retirement System. Directs the Board of Trustees to select a chairman by majority vote.

Amends Section 36 by deleting the provision making the city attorney and staff the legal advisor to the Board of Trustees, and directs the Board of Trustees to employ legal counsel as it deems necessary, which counsel shall not be contracted with the City of Charlotte.

Amends Section 39 to require changes to the Retirement System or procedures to be approved by the City Council.

Amends Section 41 to subject the power of the Board of Trustees to adopt rules and regulations for the administration and business of the Retirement System to the approval of the City Council.

Amends SL 1947-926, Section 51, as amended. Prohibits the City of Charlotte from using the funds in the Charlotte Firefighters' Retirement System as part of their Comprehensive Annual Financial Report, and requires Charlotte Firefighters' Retirement System funds to be kept in a separate bank from the City of Charlotte Operating Accounts. Prohibits commingling of funds.

Effective July 1, 2017.