Bill Summary for H 647 (2021-2022)

Summary date: 

May 4 2021

Bill Information:

View NCGA Bill Details2021
House Bill 647 (Public) Filed Thursday, April 22, 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.

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Bill summary

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. 

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