AN ACT TO MAKE CHANGES TO THE STATUTES GOVERNING THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM AND THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM TO ENSURE THE FUTURE SOLVENCY OF THOSE SYSTEMS, TO AMEND THE PROVISIONS OF THE SPECIAL SEPARATION ALLOWANCE FOR LAW ENFORCEMENT OFFICERS FOR LAW ENFORCEMENT OFFICERS HIRED ON OR AFTER AUGUST 1, 2011, AND TO MAKE IT A CLASS 1 MISDEMEANOR TO FRAUDULENTLY RECEIVE THE RETIREMENT BENEFIT OF A DECEASED RETIREE AT LEAST TWO MONTHS AFTER THE RETIREE'S DEATH. Summarized in Daily Bulletin 5/5/11 and 6/8/11. Enacted June 23, 2011. Section 10 is effective December 1, 2011. The remainder is effective August 1, 2011.
STATE PENSION PLAN SOLVENCY REFORM ACT.
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View NCGA Bill Details | 2011-2012 Session |
TO ADJUST THE RETIREMENT AGE FOR MEMBERS OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM WHO BECOME MEMBERS ON OR AFTER AUGUST 1, 2011, TO LIMIT THE AMOUNT OF SICK LEAVE THAT CAN BE CONVERTED TO RETIREMENT CREDIT, TO LIMIT COMPENSATION FOR PURPOSES OF CONTRIBUTIONS AND CALCULATION OF BENEFITS FOR MEMBERS WHO BECOME MEMBERS ON OR AFTER AUGUST 1, 2011, TO THE SALARY SET FOR THE GOVERNOR, TO PROVIDE THAT COMPENSATION TO BE USED IN CALCULATING AVERAGE FINAL COMPENSATION FOR MEMBERS WHO BECOME MEMBERS ON OR AFTER AUGUST 1, 2011, CAN INCREASE BY NO MORE THAN TEN PERCENT FROM ONE YEAR TO THE NEXT, TO AMEND THE PROVISIONS SPECIAL SEPARATION ALLOWANCE FOR LAW ENFORCEMENT OFFICERS HIRED ON OR AFTER AUGUST 1, 2011, AND TO MAKE IT A CLASS 1 MISDEMEANOR TO FRAUDULENTLY RECEIVE THE RETIREMENT BENEFIT OF A DECEASED RETIREE AT LEAST TWO MONTHS AFTER THE RETIREE'S DEATH.Intro. by Folwell, McGee, Dixon, Starnes.
Bill History:
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Wed, 4 May 2011 House: Filed
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Thu, 5 May 2011 House: Passed 1st Reading
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Thu, 5 May 2011 House: Ref to the Com on State Personnel, if favorable, Finance
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Wed, 8 Jun 2011 House: Reptd Fav Com Substitute
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Wed, 8 Jun 2011 House: Serial Referral to Finance Stricken
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Wed, 8 Jun 2011 House: Referral to Approprations Stricken
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Wed, 8 Jun 2011 House: Cal Pursuant Rule 36(b)
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Wed, 8 Jun 2011 House: Placed On Cal For 6/8/2011
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Wed, 8 Jun 2011 House: Passed 2nd Reading
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Thu, 9 Jun 2011 House: Passed 3rd Reading
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Fri, 10 Jun 2011 Senate: Rec From House
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Fri, 10 Jun 2011 Senate: Passed 1st Reading
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Fri, 10 Jun 2011 Senate: Ref To Com On Pensions & Retirement and Aging
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Tue, 14 Jun 2011 Senate: Reptd Fav
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Tue, 14 Jun 2011 Senate: Placed On Cal For 6/14/2011
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Tue, 14 Jun 2011 Senate: Passed 2nd Reading
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Tue, 14 Jun 2011 Senate: Passed 3rd Reading
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Wed, 15 Jun 2011 Ratified
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Thu, 16 Jun 2011 Pres. To Gov. 6/16/2011
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Thu, 23 Jun 2011 Signed By Gov. 6/23/2011
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Thu, 23 Jun 2011 Ch. SL 2011-232
Bill Summaries:
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Summary date: Jun 30 2011 - View Summary
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Bill H 927 (2011-2012)Summary date: Jun 8 2011 - View Summary
House committee substitute makes the following changes to 1st edition. Enacts new b4. to GS 135-3(8) detailing circumstances a member, who became a member on or after August 1, 2011, may retire on an unreduced or early reduced service retirement allowance as detailed. Enacts new b5. to GS 135-3(8) detailing circumstances in which a member, who is a law enforcement officer, who became a member on or after August 1, 2011, may retire on an early reduced or unreduced service retirement allowance. Rewrites GS 135-5(a) to clarify that a member, meeting detailed requirements, who became a member on or after August 1, 2011, may retire upon electronic submission or written application, as detailed. Makes similar changes to provisions concerning members who are law-enforcement officers. Rewrites proposed GS 135-5(a2), concerning early service retirement benefits, to make it applicable solely to law enforcement officers 50 years old or older with at least 15 years of creditable service.
Amends GS 135-5(b20) to modify the age and amount of creditable service necessary to make the provision applicable to law enforcement officer members. Makes additional modifications to GS 135-5(620). Amends GS 135-5(b20)(1)b to make provision applicable to members with 15 or more years of credible service (previously 20 years). Provides method for service retirement allowance computation.
Deletes provisions in previous edition which amended GS 135-58 to create a new subsection (a7), concerning retirement allowance of members who became members on or after August 1, 2011. Deletes provisions in previous edition concerning conversion of sick leave to creditable service at retirement. Deletes provision in previous edition concerning compensation for certain members exceeding that of the Governor. Deletes provisions in the previous edition which amended the term average final compensation in various statutes.
Amends GS 135-57 to provide that a member, meeting detailed requirements, who became a member on or after August 1, 2011, may retire upon electronic submission or written application, as detailed. Amends proposed GS 143-166.41(a1) to modify the qualifications necessary for a law enforcement officer to qualify for an annual separation allowance equal to 0.85% of the annual equivalent of the base rate of compensation most recently applicable to him or her for each year of creditable service.
Specifies that the provisions in the act which concern improper receipt of decedent’s retirement allowance become effective December 1, 2011, and apply to acts committed on or after that date. The remainder of the act is effective August 1, 2011. Makes other technical, conforming, and clarifying changes. Changes title to AN ACT TO MAKE CHANGES TO THE STATUTES GOVERNING THE TEACHERS’ AND STATE EMPLOYEES’ RETIREMENT SYSTEM AND THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM TO ENSURE THE FUTURE SOLVENCY OF THOSE SYSTEMS, TO AMEND THE PROVISIONS OF THE SPECIAL SEPARATION ALLOWANCE FOR LAW ENFORCEMENT OFFICERS FOR LAW ENFORCEMENT OFFICERS HIRED ON OR AFTER AUGUST 1, 2011, AND TO MAKE IT A CLASS 1 MISDEMEANOR TO FRAUDULENTLY RECEIVE THE RETIREMENT BENEFIT OF A DECEASED RETIREE AT LEAST TWO MONTHS AFTER THE RETIREE’S DEATH.
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Bill H 927 (2011-2012)Summary date: May 5 2011 - View Summary
Amends GS 135-3(8) to provide that any member who became a member before August 1, 2011, and who separates from service before age 60 for any reason, as specified, and after 15 years of service, will have the right to retire on a deferred retirement allowance at age 60, provided the member retires not less than one day nor more than 120 days (rather than 90 days) after the member executes and files application with the Board of Trustees. Makes conforming changes throughout the statute to specify membership before August 1, 2011, and to replace 90 days with 120 days.
Enacts new subdivision (1a) to GS 135-5(a), allowing any member who became a member on or after August 1, 2011, who attains age 60 and has completed 30 years of service or attains age 70 with 10 years of membership service, to retire on an unreduced retirement benefit not less than one day nor more than 120 days after application to the Board of Trustees. Allows the member to retire at reduced benefit at age 60 with 20 years of service or age 65 with 10 years of service. Enacts new subdivision (4a), allowing any member who became a member on or after August 1, 2011, who is a law enforcement officer and attains 55 years of age with 30 years of service or attains 60 with 10 or more years of service, to retire at unreduced benefit not less than one day nor more than 120 days after application to the Board of Trustees. Amends GS 135-5(a)(1), specifying that any member who became a member before August 1, 2011, may retire not less than one day nor more than 120 days after application to the Board of Trustees, if the member is at least 60 years old with at least five years of membership service or 30 years of service.
Enacts new GS 135-5(a2), specifying the requirements for members who joined the Retirement System on or after August 1, 2011, to receive early service retirement benefits. Amends GS 135-5(a1), distinguishing early service retirement benefits provided to any member who became a member before August 1, 2011.
Enacts new GS 135-5(b20), detailing the service retirement allowance for members who became members on or after August 1, 2011. Amends GS 135-5(b19), distinguishing members who joined the Retirement System before August 1, 2011.
Enacts GS 135-5(m3), detailing the survivor’s alternate benefit provided upon the death of a member in service who joined the Retirement System on or after August 1, 2011. Amends GS 135-5(m), distinguishing the survivor’s alternate benefit for members who became members before August 1, 2011.
Enacts new subsection (a7) to GS 135-58, specifying the retirement allowance for members of the Consolidated Judicial Retirement System who became members on or after August 1, 2011. Amends GS 135-58(a6), distinguishing the retirement allowance for members who joined before August 1, 2011. Amends GS 135-57, allowing any member who became a member before August 1, 2011, who has attained 50 years of age with five years of membership service, to retire not less than one day nor more than 120 days after submitting application to the board of trustees.
Amends GS 135-4(e) to provide determination of creditable service at retirement on which the retirement allowance of a member be based as the membership service rendered by the member, and if the member has sick leave remaining upon retirement on or after August 1, 2011, then one month of credit for each 20 days or portion of a day not less than one hour, but not more than 12 days of sick leave for each year of membership service or fraction thereof. Makes similar change to GS 128-26(e).
Enacts new GS 135-1(7a)d. providing that compensation for any member who becomes a member on or after August 1, 2011, for any calendar year after 2011 in which employee or employer contributions are made and for which annual compensation is used to calculate a benefit, must not exceed the salary of the Governor as set in GS 147-11(a) for the beginning of the applicable calendar year. Adds similar language to GS 135-53(5).
Amends GS 135-1(5), clarifying the definition for average final compensation for members joining the Retirement System on or after August 1, 2011. Makes a similar change to GS 135-53(2a), which defines average final compensation under the Consolidated Judicial Retirement Act. Makes a similar change to GS 128-21(5), which defines average final compensation for Retirement Systems for Counties, Cities and Towns.
Enacts new GS 143-166.41(a1) detailing special separation allowance for law-enforcement officers, as defined, employed by a state department, agency, or institution, on or after August 1, 2011. Amends GS 143-166.41(a) to distinguish special separation allowance for law-enforcement officers, as defined, employed by a state department, agency, or institution, before August 1, 2011.
Enacts new GS 135-18.11 to detail a new Class 1 misdemeanor which prohibits a person from improperly receiving a decedent’s retirement benefit, as specified, and makes conforming changes to the following: (1) Article 1 of Chapter 135 (135-18.11); Article 3 of Chapter 128 (128-38.5); Article 4 of Chapter 135 (135-75.2); Article 1A of Chapter 120 (120-4.34).
Effective August 1, 2011.