NO WAITING PERIOD UNDER LGERS/VFDF GRANTS. (NEW)

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View NCGA Bill Details2021
Senate Bill 311 (Public) Filed Tuesday, March 16, 2021
AN ACT PROHIBITING MEMBERSHIP WAITING PERIODS FOR ELIGIBLE EMPLOYEES UNDER THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, UPDATING THE VOLUNTEER FIRE DEPARTMENT FUND MATCHING REQUIREMENTS, AND GIVING THE BOARD OF TRUSTEES OF THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM THE DISCRETIONARY AUTHORITY TO PROVIDE ONE-TIME PENSION SUPPLEMENTS TO ITS MEMBERS; AND TO REDUCE THE SUTA TAX RATE FOR 2022.
Intro. by Corbin.

Status: Ch. SL 2021-178 (Nov 10 2021)

SOG comments (3):

Long title change

House committee substitute to the 2nd edition changed the long title. Original title was AN ACT PROHIBITING MEMBERSHIP WAITING PERIODS FOR LAW ENFORCEMENT OFFICERS UNDER THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM.

House amendment to the 4th

House amendment to the 4th edition changed the long title. Previous long title was AN ACT PROHIBITING MEMBERSHIP WAITING PERIODS FOR ELIGIBLE EMPLOYEES UNDER THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM AND UPDATING THE VOLUNTEER FIRE DEPARTMENT FUND MATCHING REQUIREMENTS.

Long title change

Conference report to the 5th edition changed the long title. Previous long title was AN ACT PROHIBITING MEMBERSHIP WAITING PERIODS FOR ELIGIBLE EMPLOYEES UNDER THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, UPDATING THE VOLUNTEER FIRE DEPARTMENT FUND MATCHING REQUIREMENTS, AND GIVING THE BOARD OF TRUSTEES OF THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM THE DISCRETIONARY AUTHORITY TO PROVIDE ONE-TIME PENSION SUPPLEMENTS TO ITS MEMBERS.

Bill History:

S 311/S.L. 2021-178

Bill Summaries:

  • Summary date: Nov 10 2021 - View Summary

    AN ACT PROHIBITING MEMBERSHIP WAITING PERIODS FOR ELIGIBLE EMPLOYEES UNDER THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, UPDATING THE VOLUNTEER FIRE DEPARTMENT FUND MATCHING REQUIREMENTS, AND GIVING THE BOARD OF TRUSTEES OF THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM THE DISCRETIONARY AUTHORITY TO PROVIDE ONE-TIME PENSION SUPPLEMENTS TO ITS MEMBERS; AND TO REDUCE THE SUTA TAX RATE FOR 2022. SL 2021-178. Enacted Nov. 10, 2021. Sections 1 and 2 are effective Dec. 1, 2021. The remainder is effective Nov. 10, 2021.


  • Summary date: Nov 2 2021 - View Summary

    Conference report makes the following changes to the 5th edition.

    Adds a new Section to the act as follows. States that the base contribution rate to the Unemployment Insurance Fund determined under GS 96-9.2(c) for an experience-rated employer will remain at 1.9% for the 2022 calendar year. Makes conforming changes to the act's long title. 


  • Summary date: Oct 20 2021 - View Summary

    House amendment to the 4th edition makes the following changes.

    Adds the following new content and makes conforming changes to the act's long title.

    Enacts a new subsection to GS 128-27 concerning the Local Governmental Employees' Retirement System (LGERS). Entitles beneficiaries to a one-time pension supplement, for beneficiaries on the retirement rolls as of July 1 of the calendar year of the ratio determination against one year earlier as of December 31 of each year after 2020, subject to the Board of Trustees' determination that a permanent increase in benefits will not be paid during the same fiscal year as a one-time pension supplement but the total fund is providing sufficient investment gains to cover the additional actuarial liabilities on account of such one-time pension supplement. Places sole discretionary authority over the sufficiency determination with the Board, based on annual actuarial valuation reports, with consideration of the rate of inflation and the preceding three-year record of the investment gains or losses. Details the per centum calculation of the pension supplement and caps the one-time pension supplement at 4% of the annual retirement allowance. Requires a surviving annuitant of a beneficiary to be provided a one-time pension supplement under this provision, when and if payable, calculated using the same per centum described. Clarifies that the one-time pension supplement is not a permanent increase in benefits. Directs that the payment must be made to the member's estate or legal representative if the beneficiary dies before payment of the one-time pension supplement is made. Specifies that no beneficiary is deemed to have acquired a vested or contractual right or entitlement to any future one-time pension supplement under the provision.

    Amends GS 150B-1 to except the Board from the scope of the Administrative Procedure Act with respect to determining the total fund is providing sufficient investment gains to cover the additional actuarial liabilities on account of a one-time pension supplement authorized under new GS 128-27(k1).   


  • Summary date: Oct 20 2021 - View Summary

    House committee substitute to the 3rd edition changes the act's effective date from October 1, 2021, to December 1, 2021.


  • Summary date: Aug 18 2021 - View Summary

    House committee substitute amends the 2nd edition as follows.

    Modifies the proposed new provision in GS 128-24 regarding membership of the Local Governmental Employees' Retirement System (LGERS), now prohibiting a participating employer from imposing a waiting period on any employees who are otherwise eligible to become members of LGERS (was, a waiting period on employees certified by the NC Criminal Justice Education and Training Standards Commission or the NC Sheriffs' Education and Training Standards Commission under GS Chapters 17C or 17E and who are otherwise eligible to become members of LGERS).

    Adds the following new content.

    Amends GS 58-87-1, concerning the Volunteer Fire Department Fund (Fund) as follows. Provides that the Fund is to provide grants (was, matching grants) to volunteer fire departments to purchase equipment and make capital improvements. Removes the existing matching requirements for applicants for grants from the Fund, and instead: (1) excludes from the matching requirements applicants receiving less than or equal to $50,000 per year from municipal and county funding; (2) requires applicants receiving more than $50,000 but less than or equal to $75,000 per year from municipal and county funding to match $1 for each $3 in grant funds; and (3) requires applicants receiving more than $75,000 per year from municipal and county funding to match the grant on a dollar-for-dollar basis. Amends the content of the report to the NCGA on the grants by specifying that it include cash receipts and cash disbursements through the previous grant cycle (was, through the grant cycle), and the Fund balance at the beginning and end of the previous grant cycle (was, at the end of grant cycle). Adds that any funding on deposit with the State Treasury for the purposes in the statute are appropriated up to the amount needed to reimburse volunteer fire departments for grants awarded during the most recent grant cycle. 

    Changes the act's effective date from July 1, 2021, to October 1, 2021.

    Makes conforming changes to the act's titles. 


  • Summary date: May 10 2021 - View Summary

    Senate committee substitute amends the 1st edition as follows. Modifies the proposed new provision to GS 128-24 regarding membership of the Local Governmental Employees' Retirement System (LGERS), now prohibiting a participating employer from imposing a waiting period on an employee certified by the NC Criminal Justice Education and Training Standards Commission or the NC Sheriffs' Education and Training Standards Commission under GS Chapters 17C or 17E (was, law enforcement officers) who are otherwise eligible to become members of LGERS. 


  • Summary date: Mar 16 2021 - View Summary

    Adds a new provision to GS 128-24 regarding membership of the Local Governmental Employees' Retirement System (LGERS) to prohibit a participating employer from imposing a waiting period on law enforcement officers who are otherwise eligible to become members of LGERS. Effective July 1, 2021.