House committee substitute to the 1st edition makes the following changes.
Modifies the proposed definition given for the new term in-service retired law enforcement officer in proposed GS 128-21(11e). Expands the term to provide an alternate definition to include a member of the Local Governmental Employees' Retirement System (LGERS) who (1) is at least 59.5 years of age, with at least five years of membership service as a law enforcement officer, (2) is actively employed as a deputy and transitions to employment by a sheriff's office or a police department as a school resource officer in a capacity that meets the definition of employee under the Chapter, or is elected to the office of sheriff, and (3) elects to commence receiving a retirement allowance during employment as an in-service law enforcement officer (subdivision a.). Revises the previously proposed definition to include a beneficiary of LGERS who (1) is at least 59.5 years of age, with at least five years of membership service (was creditable service) as a law enforcement officer, (2) is reemployed by a sheriff's office or a police department as a school resource officer in no less than 90 days after separation from service in a capacity that meets the definition of employee under the Chapter (previously did not provide a time period limitation), or is elected to the office of sheriff, and (3) elects to continue receiving a retirement allowance during employment as an in-service law enforcement officer (previously not included) (subdivision b.).
Revises proposed GS 128-24(5)f., to specify that the previous provision providing that in-service retired law enforcement officers are not subject to the reemployment limitations specified in sub-subdivision c. applies to in-service retired law enforcement officers meeting the definition set forth in new GS 128-21(11e)b. Adds the following, applicable to in-service retired law enforcement officers meeting the definition set forth in new GS 128-21(11e)a. Requires continued receipt of a retirement allowance for the duration of the employment as an in-service retired law enforcement officer, without limitation, and requires the employee to contribute as a member of LGERS at the applicable uniform contribution rate. Requires recomputation of the member's allowance in accordance with the service retirement provisions pertaining to law enforcement officers upon separation from service as an in-service retired law enforcement officer and upon written notification to the Board of Trusteed of the member's desire to retire, as specified.
Requires LGERS to correct any sheriff's office or police departments' noncompliance with new GS 128-21(11e) as the Retirement System determines to be appropriate under State and federal law, with the employing sheriff's office or police department liable for costs of the correction. Provides for correction costs to be transferred to the Pension Accumulation Fund under rules adopted by the LGERS Board of Trustees.
ENHANCED IN-SERVICE RETIREMENT FOR LEOS.
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View NCGA Bill Details(link is external) | 2021 |
AN ACT ALLOWING CERTAIN RETIRED LAW ENFORCEMENT OFFICERS WHO ARE BENEFICIARIES OF THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM TO RETURN TO WORK AS SCHOOL RESOURCE OFFICERS OR ELECTED SHERIFFS WITHOUT ADVERSELY IMPACTING THEIR RETIREMENT BENEFITS.Intro. by McNeill, Potts.
Bill History:
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Thu, 22 Apr 2021 House: Filed(link is external)
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Mon, 26 Apr 2021 House: Passed 1st Reading(link is external)
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Tue, 4 May 2021 House: Reptd Fav Com Substitute(link is external)
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Mon, 10 May 2021 House: Reptd Fav(link is external)
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Mon, 10 May 2021 House: Cal Pursuant Rule 36(b)(link is external)
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Mon, 10 May 2021 House: Placed On Cal For 05/11/2021(link is external)
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Tue, 11 May 2021 House: Passed 2nd Reading(link is external)
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Tue, 11 May 2021 House: Passed 3rd Reading(link is external)
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Wed, 12 May 2021 House: Regular Message Sent To Senate(link is external)
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Wed, 12 May 2021 Senate: Regular Message Received From House(link is external)
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Wed, 12 May 2021 Senate: Passed 1st Reading(link is external)
Bill Summaries:
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Bill H 647 (2021-2022)Summary date: May 4 2021 - View Summary
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Bill H 647 (2021-2022)Summary date: Apr 22 2021 - View Summary
Amends GS 128-21 to add and define the term in-service retired law enforcement officer, defined as a beneficiary of the Local Governmental Employees' Retirement System (LGERS) who is (1) at least 59.5 years of age, with at least five years of creditable service as a law enforcement officer, and (2) is reemployed by a sheriff's office or a police department as a school resource officer in a capacity that meets the definition of employee under the Chapter, or is elected to the office of sheriff.
Amends GS 128-24(5), which governs members whose LGERS membership is terminated and who becomes entitled to membership under the subdivision's provisions. Adds a new sub-subdivision providing that in-service retired law enforcement officers are not subject to the reemployment limitations specified in sub-subdivision c. Establishes that an employee who retired on an early or service retirement allowance and is restored to serve as an in-service retired law enforcement officer must have the employee's allowance continue for the duration of such employment, without limitation. Provides that the employee must again become a member of LGERS and contribute thereafter at the applicable, uniform contribution rate. Requires recomputation of the member's allowance in accordance with the service retirement provisions pertaining to law enforcement officers upon separation from service as an in-service retired law enforcement officer and upon written notification to the Board of Trusteed of the member's desire to retire, as specified.
Effective July 1, 2021.