Bill Text: NC S117 | 2017-2018 | Regular Session | Amended
Bill Title: Forfeit. Retmt/Anti-Spiking/Serv. Purch/TC
Spectrum: Partisan Bill (Republican 7-0)
Status: (Engrossed - Dead) 2018-12-05 - Ref To Com On Rules and Operations of the Senate [S117 Detail]
Download: North_Carolina-2017-S117-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 5
SENATE BILL 117*
Judiciary Committee Substitute Adopted 3/7/17
Appropriations on Pensions, Compensation, and Benefits Committee Substitute Adopted 4/6/17
House Committee Substitute Favorable 6/15/17
House Committee Substitute #2 Favorable 12/3/18
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Short Title: Forfeit. Retmt/Anti-Spiking/Serv. Purch/TC. |
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Sponsors: |
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Referred to: |
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February 22, 2017
A BILL TO BE ENTITLED
AN ACT to prohibit the receipt of benefits from the consolidated JUDICIAL retirement system for judges who have been impeached and convicted or removed from office; To amend felony forfeiture statutes; to clarify an ANTI‑pension‑spiking CONTRIBUTION‑BASED BENEFIT CAP; TO PROVIDE AN EXEMPTION FROM RULE MAKING; TO MAKE OTHER TECHNICAL AND SUBSTANTIVE CHANGES TO LAW RELATING TO THE STATE TREASURER, TO THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, TO THE LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM LAWS, TO THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, AND RELATED STATUtES; AND to make a technical correction to the statutes that indicate the year in or after which LAW ENFORCEMENT OFFICERS WHO ARE MEMBERS OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM OR THE LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM may RETIRE AFTER ACHIEVING TWENTY‑FIVE YEARS OF CREDITABLE SERVICE so that the year in the statute and the year the session law becomes effective are in agreement.
The General Assembly of North Carolina enacts:
PART I. FORFEITURE OF RETIREMENT BENEFITS/JUDGES
SECTION 1.(a) Article 4 of Chapter 135 of the General Statutes is amended by adding a new section to read:
"§ 135‑75.1C. Forfeiture of retirement benefits for conviction on impeachment or removal from office.
(a) Except as provided in G.S. 135‑56(k), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any justice or judge of the General Court of Justice for whom the following apply:
(1) The justice or judge of the General Court of Justice is convicted on impeachment under Article IV of the North Carolina Constitution and Chapter 123 of the General Statutes for reasons other than physical and mental incapacity.
(2) The justice or judge of the General Court of Justice is removed from office under G.S. 7A‑376(b).
(b) If a justice or judge of the General Court of Justice or former justice or judge of the General Court of Justice whose benefits under the System were forfeited under this section, except for the return of member contributions plus interest, subsequently has the conviction on impeachment or removal from office vacated or set aside for any reason, then the member or former member may seek a reversal of the benefit forfeiture by presenting sufficient evidence to the State Treasurer. If the State Treasurer determines a reversal of the benefit forfeiture is appropriate, then all benefits will be restored upon repayment of all accumulated contributions plus interest. Repayment of all accumulated contributions that have been received by the individual under the forfeiture provisions of this section must be made in a total lump‑sum payment with interest compounded annually at a rate of six and one‑half percent (6.5%) for each calendar year from the year of forfeiture to the year of repayment. An individual receiving a reversal of benefit forfeiture must receive reinstatement of the service credit forfeited."
SECTION 1.(b) G.S. 135‑75.1B reads as rewritten:
"§ 135‑75.1B. Prohibition on purchase of forfeited service.
Any member whose retirement
benefits have been forfeited under G.S. 135‑75.1 or G.S. 135‑75.1A
G.S. 135‑75.1, 135‑75.1A, or 135‑75.1C is
prohibited from subsequently purchasing or repurchasing either those forfeited
benefits or any creditable membership service associated with those forfeited
benefits."
SECTION 1.(c) G.S. 135‑56 is amended by adding a new subsection to read:
"(k) If a justice or judge of the General Court of Justice who is in service and has not vested in this System on October 1, 2019, is convicted on impeachment or removed from office for acts committed after October 1, 2019, then that member shall forfeit all benefits under this System, except for a return of member contributions plus interest. If a member who is in service and has vested in this System on October 1, 2019, is convicted on impeachment or removed from office for acts committed after October 1, 2019, then that member is not entitled to any creditable service that accrued after October 1, 2019."
SECTION 1.(d) G.S. 7A‑376(b) reads as rewritten:
"(b) Upon recommendation
of the Commission, the Supreme Court may issue a public reprimand, censure,
suspend, or remove any judge for willful misconduct in office, willful and
persistent failure to perform the judge's duties, habitual intemperance,
conviction of a crime involving moral turpitude, or conduct prejudicial to the
administration of justice that brings the judicial office into disrepute. A
judge who is suspended for any of the foregoing reasons shall receive no
compensation during the period of that suspension. A judge who is removed for
any of the foregoing reasons shall receive no retirement compensation compensation,
except for a return of member contributions plus interest as provided in G.S. 135‑56(k),
and is disqualified from holding further judicial office."
SECTION 1.(e) The General Assembly and the Supreme Court shall notify the State Treasurer and the Board of Trustees of the conviction on impeachment or removal from office of a justice or judge of the General Court of Justice.
SECTION 1.(f) This section becomes effective October 1, 2019, and applies to offenses committed on or after that date.
PART II. FELONY FORFEITURE STATUTES
SECTION 2.(a) G.S. 135‑18.10A(b) is repealed.
SECTION 2.(b) G.S. 128‑38.4A(b) is repealed.
SECTION 2.(c) G.S. 135‑75.1A(b) is repealed.
SECTION 2.(d) G.S. 120‑4.33A is repealed.
PART III. ANTI‑PENSION‑SPIKING CONTRIBUTION‑BASED BENEFIT CAP
SECTION 3.(a) G.S. 135‑5(a3) reads as rewritten:
"(a3) Anti‑Pension‑Spiking
Contribution‑Based Benefit Cap. – Notwithstanding any other provision of
this section, every service retirement allowance provided under this section
for members who retire on or after January 1, 2015, is subject to adjustment
pursuant to a contribution‑based benefit cap under this subsection. The
Board of Trustees shall adopt Notwithstanding Article 2A of Chapter 150B
of the General Statutes, the Board of Trustees shall adopt a contribution‑based
benefit cap factor recommended by the actuary, based upon actual experience,
such that no more than three‑quarters of one percent (0.75%) of
retirement allowances are expected to be capped. The Board of Trustees shall
modify such factors every five years, as shall be deemed necessary, based upon
the five‑year experience study as required by G.S. 135‑6(n).
Prior to establishing a service retirement allowance under this section, the
Board shall:
(1) Determine an amount equal to the member's accumulated contributions as required under G.S. 135‑8(b)(1) for all years during which the member earned membership service, other than service earned through armed service credit under G.S. 135‑4(f) or G.S. 135‑4(g), used in the calculation of the retirement allowance that the member would receive under this section.
(2) Determine the amount of a single life annuity that is the actuarial equivalent of the amount determined under subdivision (1) of this subsection, adjusted for the age of the member at the time of retirement or, when appropriate, the age at the time of the member's death.
(3) Multiply the annuity amount determined under subdivision (2) of this subsection by the contribution‑based benefit cap factor.
(4) Determine the amount of the retirement allowance that results from the member's membership service.
The product of the multiplication in subdivision (3) of this subsection is the member's contribution‑based benefit cap. If the amount determined under subdivision (4) of this subsection exceeds the member's contribution‑based benefit cap, the member's retirement allowance shall be reduced by an amount equal to the difference between the contribution‑based benefit cap and the amount determined under subdivision (4) of this subsection.
Notwithstanding the foregoing, the retirement allowance of a member with an average final compensation of less than one hundred thousand dollars ($100,000), as hereinafter indexed, shall not be subject to the contribution‑based benefit cap. The minimum average final compensation necessary for a retirement allowance to be subject to the contribution‑based benefit cap shall be increased on January 1 each year by the percent change between the June Consumer Price Index in the year prior to retirement and the June Consumer Price Index in the fiscal year most recently ended, calculated to the nearest tenth of a percent (0.1%), provided that this percent change is positive.
Notwithstanding the foregoing, the retirement allowance of a member who became a member before January 1, 2015, or who has not earned at least five years of membership service in the Retirement System after January 1, 2015, shall not be reduced; however, the member's last employer shall be required to make an additional contribution as specified in G.S. 135‑8(f)(2)f., if applicable."
SECTION 3.(b) G.S. 128‑27(a3) reads as rewritten:
"(a3) Anti‑Pension‑Spiking
Contribution‑Based Benefit Cap. – Notwithstanding any other provision of
this section, every service retirement allowance provided under this section
for members who retire on or after January 1, 2015, is subject to adjustment pursuant
to a contribution‑based benefit cap under this subsection. The Board
of Trustees shall adopt Notwithstanding Article 2A of Chapter 150B of
the General Statutes, the Board of Trustees shall adopt a contribution‑based
benefit cap factor recommended by the actuary, based upon actual experience,
such that no more than three‑quarters of one percent (0.75%) of
retirement allowances are expected to be capped. The Board of Trustees shall
modify such factors every five years, as shall be deemed necessary, based upon
the five‑year experience study as required by G.S. 128‑28(o).
Prior to establishing a service retirement allowance under this section, the Board shall:
(1) Determine an amount equal to the member's accumulated contributions as required under G.S. 128‑30(b)(1) for all years during which the member earned membership service, other than service earned through armed service credit under G.S. 128‑26(a1) or G.S. 128‑26(j1), used in the calculation of the retirement allowance that the member would receive under this section.
(2) Determine the amount of a single life annuity that is the actuarial equivalent of the amount determined under subdivision (1) of this subsection, adjusted for the age of the member at the time of retirement or, when appropriate, the age at the time of the member's death.
(3) Multiply the annuity amount determined under subdivision (2) of this subsection by the contribution‑based benefit cap factor.
(4) Determine the amount of the retirement allowance that results from the member's membership service.
The product of the multiplication in subdivision (3) of this subsection is the member's contribution‑based benefit cap. If the amount determined under subdivision (4) of this subsection exceeds the member's contribution‑based benefit cap, the member's retirement allowance shall be reduced by an amount equal to the difference between the contribution‑based benefit cap and the amount determined under subdivision (4) of this subsection.
Notwithstanding the foregoing, the retirement allowance of a member with an average final compensation of less than one hundred thousand dollars ($100,000), as hereinafter indexed, shall not be subject to the contribution‑based benefit cap. The minimum average final compensation necessary for a retirement allowance to be subject to the contribution‑based benefit cap shall be increased on January 1 each year by the percent change between the June Consumer Price Index in the year prior to retirement and the June Consumer Price Index in the fiscal year most recently ended, calculated to the nearest tenth of a percent (0.1%), provided that this percent change is positive.
Notwithstanding the foregoing, the retirement allowance of a member who became a member before January 1, 2015, or who has not earned at least five years of membership service in the Retirement System after January 1, 2015, shall not be reduced; however, the member's last employer shall be required to make an additional contribution as specified in G.S. 128‑30(g)(2)b., if applicable."
SECTION 3.(c) G.S. 135‑6(l) reads as rewritten:
"(l) Duties of
Actuary. – The Board of Trustees shall designate an actuary who shall be the
technical adviser of the Board of Trustees on matters regarding the operation
of the funds created by the provisions of this Chapter and shall perform such
other duties as are required in connection therewith. For purposes of the
annual valuation of System assets, the The experience studies,
and studies and all other actuarial calculations required by this
Chapter, and all the assumptions used by the System's actuary, including
mortality tables, interest rates, annuity factors, the contribution‑based
benefit cap factor, and employer contribution rates, shall be set out in
the actuary's periodic reports reports, annual valuations of System
assets, or other materials provided to the Board of Trustees. These Notwithstanding
Article 2A of Chapter 150B of the General Statutes, these materials, once
accepted by the Board, shall be considered part of the Plan documentation
governing this Retirement System; similarly, the System and shall be
effective the first day of the month following adoption unless a different date
is specified in the adopting resolution. The effective date must be after the
adoption date. The Board's minutes relative to all actuarial assumptions
used by the System shall also be considered part of the Plan documentation
governing this Retirement System, with the result of precluding any employer
discretion in the determination of benefits payable hereunder, consistent with
Section 401(a)(25) of the Internal Revenue Code."
SECTION 3.(d) G.S. 128‑28(m) reads as rewritten:
"(m) Duties of Actuary. –
The Board of Trustees shall designate an actuary who shall be the technical
adviser of the Board of Trustees on matters regarding the operation of the
funds created by the provisions of this Chapter and shall perform such other
duties as are required in connection therewith. For purposes of the annual
valuation of System assets, the The experience studies, and studies
and all other actuarial calculations required by this Chapter, and all
the assumptions used by the System's actuary, including mortality tables,
interest rates, annuity factors, the contribution‑based benefit cap
factor, and employer contribution rates, shall be set out in the actuary's
periodic reports reports, annual valuations of System assets, or
other materials provided to the Board of Trustees. These Notwithstanding
Article 2A of Chapter 150B of the General Statutes, these materials, once
accepted by the Board, shall be considered part of the Plan documentation
governing this Retirement System; similarly, the System and shall be
effective the first day of the month following adoption unless a different date
is specified in the adopting resolution. The effective date must be after the
adoption date. The Board's minutes relative to all actuarial assumptions
used by the System shall also be considered part of the Plan documentation
governing this Retirement System, with the result of precluding any employer
discretion in the determination of benefits payable hereunder, consistent with
Section 401(a)(25) of the Internal Revenue Code."
SECTION 3.(e) If House Bill 1055, 2017 Regular Session, becomes law, then subsections (c) and (d) of this section become effective on the date that Section 1 of that act becomes effective and applies to calculations on or after that date and subsections (a) and (b) of this section become effective January 1, 2019, and applies to calculations on or after that date. If House Bill 1055, 2017 Regular Session, does not become law, then this section becomes effective January 1, 2019, and applies to calculations on or after that date.
PART Iv. EXEMPTION FROM RULE MAKING
SECTION 4.(a) G.S. 150B‑1(d) is amended by adding a new subdivision to read:
"§ 150B‑1. Policy and scope.
…
(d) Exemptions from Rule Making. – Article 2A of this Chapter does not apply to the following:
…
(29) The Retirement System Boards of Trustees established under G.S. 128‑28 and G.S. 135‑6 when adopting actuarial tables, assumptions, and contribution‑based benefit cap factors after presentation of recommendations from the actuary. This exemption includes, but is not limited to, the following actuarial tables, assumptions, methods, and factors:
a. Joint and survivor tables.
b. Reserve transfer tables.
c. Interest rate assumptions.
d. Salary increase assumptions.
e. Mortality assumptions.
f. Separation and retirement assumptions.
g. Asset smoothing methods.
h. Actuarial cost methods.
i. Contribution‑based benefit cap factors.
j. Required contribution rates.
k. Amortization policies."
SECTION 4.(b) G.S. 135‑6(n) reads as rewritten:
"(n) In 1943, and at
least once in each five‑year period thereafter, the actuary shall make an
actuarial investigation into the mortality, service and compensation experience
of the members and beneficiaries of the Retirement System, and shall make a
valuation of the assets and liabilities of the funds of the System, and taking
into account the result of such investigation and valuation, the Board of
Trustees shall:shall do all of the following:
(1) Adopt for the
Retirement System such any necessary mortality, service and service,
or other tables as shall be deemed necessary; andtables, and any
necessary contribution‑based benefit cap factors for the Retirement
System.
(2) Certify the rates of contributions payable by the State of North Carolina on account of new entrants at various ages."
SECTION 4.(c) G.S. 128‑28(o) reads as rewritten:
"(o) In the year 1945,
and at least once in each five‑year period thereafter, the actuary shall
make an actuarial investigation into the mortality, service and compensation
experience of the members and beneficiaries of the Retirement System, and shall
make a valuation of the assets and liabilities of the funds of the System, and
taking into account the result of such investigation and valuation, the Board
of Trustees shall:shall do all of the following:
(1) Adopt for the
Retirement System such any necessary mortality, service and service,
or other tables as shall be deemed necessary; andtables, and any
necessary contribution‑based benefit cap factors for the Retirement
System.
(2) Certify the rates of contributions payable by the participating units on account of new entrants at various ages."
SECTION 4.(d) If House Bill 1055, 2017 Regular Session, becomes law, then this section becomes effective on the date that Section 1 of that act becomes effective and applies to actuarial tables, assumptions, and contribution‑based cap factors changed on or after that date and actuarial investigations and calculations made on or after that date. If House Bill 1055, 2017 Regular Session, does not become law, then this section becomes effective January 1, 2019, and applies to actuarial tables, assumptions, and contribution‑based cap factors changed on or after that date and actuarial investigations and calculations made on or after that date.
PART V. SERVICE PURCHASE PROVISION EFFECTIVE DATES
SECTION 5.(a) If House Bill 1055, 2017 Regular Session, becomes law, then G.S. 135‑4, as amended by Section 5.(a) of that act, reads as rewritten:
"§ 135‑4. Creditable service.
…
(k) Notwithstanding any
other provision of this Chapter, on or before December 31, 2018, June
30, 2019, any person who withdrew his or her contributions in accordance
with the provisions of G.S. 128‑27(f) or G.S. 135‑5(f) or
the rules and regulations of the Law‑Enforcement Officers' Retirement
System and who subsequently returns to service may, upon completion of five years
of membership service, repay in a total lump sum any and all of the accumulated
contributions previously withdrawn with interest compounded annually at the
rate of six and one‑half percent (6.5%) for each calendar year from the
year of withdrawal to the year of repayment plus a fee to cover expense of
handling which shall be determined by the Board of Trustees, and receive credit
for the service forfeited at time of withdrawal. These provisions shall apply
equally to retired members who had attained five years of membership service
prior to retirement. The retirement allowance of a retired member who restores
service under this subsection shall be increased the month following the month
payment is received. The increase in the retirement allowance shall be the
difference between the initial retirement allowance, under any optional
allowance elected at the time of retirement, and the amount of the retirement
allowance, under any optional allowance elected at the time of retirement, to
which the retired member would have been entitled had the service not been
previously forfeited, adjusted by any increases in the retirement accrual rate
occurring between the member's date of retirement and the date of payment. The
increase in the retirement allowance shall not include any adjustment for cost‑of‑living
increases granted since the date of retirement.
Notwithstanding any provision to
the contrary, on or before December 31, 2018, June 30, 2019, a
law enforcement officer who was transferred from the Law Enforcement Officers'
Retirement System to this Retirement System pursuant to Article 12C of Chapter
143 of the General Statutes and withdrew his or her accumulated contributions
prior to January 1, 1985, in accordance with G.S. 128‑27(f) or
G.S. 135‑5(f) for non‑law enforcement service and who has five
years or more of membership service standing to his or her credit may repay in
a total lump sum the accumulated contributions previously withdrawn with
interest compounded annually at the rate of six and one‑half percent
(6.5%) for each calendar year from the year of withdrawal to the year of
repayment plus a fee to cover expense of handling which shall be determined by
the Board of Trustees, and receive credit for the service forfeited at time of
withdrawal(s). The retirement allowance of a retired member who restores
service under this subsection shall be increased the month following the month
payment is received. The increase in the retirement allowance shall be the
difference between the initial retirement allowance, under any optional
allowance elected at the time of retirement, and the amount of the retirement
allowance, under any optional allowance elected at the time of retirement, to
which the retired member would have been entitled had the service not been previously
forfeited, adjusted by any increases in the retirement accrual rate occurring
between the member's date of retirement and the date of payment. The increase
in the retirement allowance shall not include any adjustment for cost‑of‑living
increases granted since the date of retirement.
(k1) North Carolina Withdrawn
Service Purchased On and After January 1, 2019. July 1, 2019. –
Notwithstanding any other provision of this Chapter to the contrary, on and
after January 1, 2019, July 1, 2019, any member who withdrew his
or her contributions in accordance with the provisions of G.S. 127‑27(f)
or G.S. 135‑5(f) or the rules and regulations of the Law Enforcement
Officers' Retirement System, and who subsequently returns to service and
completes five years of membership service upon that return, while in service
may purchase an amount of creditable service totaling the amount of the
membership service associated with the withdrawn contributions, provided that
the total of the creditable service purchased under this subsection may not
exceed five years. The member shall purchase this service by paying a lump sum
amount to the Annuity Savings Fund equal to the full liability increase due to
the additional service credits on the basis of the assumptions used for the
purposes of the actuarial valuation of the liabilities of the Retirement
System, except for the following assumptions specific to this calculation: (i)
the allowance shall be assumed to commence at the earliest age at which the
member could retire on an unreduced retirement allowance and (ii) assumed
annual postretirement allowance increases as set by the Board of Trustees upon
the advice of the consulting actuary. The calculation of the amount payable
shall also include an administrative fee to be set by the Board.
Subject to the requirements of this subsection, an employer may pay all or part of the cost of a service purchase of a member in service. To the extent that the purchase is paid by the employer, the cost paid by the employer shall be credited to the pension accumulation fund. To the extent that the purchase is paid by the member, the cost paid by the member shall be credited to the member's annuity savings account.
…
(l1) Notwithstanding
any other provision of this Chapter, on or before December 31, 2018, June
30, 2019, any member and any retired member as herein described may
purchase creditable service previously rendered to any state, territory, or
other governmental subdivision of the United States other than this State by
paying a total lump‑sum payment determined as follows:
(1) For members who completed 10 years of current membership service, and retired members who completed 10 years of current membership service prior to retirement, whose membership began on or before July 1, 1981, and who make such purchase within three years after first becoming eligible, the cost shall be an amount equal to the monthly compensation the member earned when he first entered membership service, times the employee contribution rate at that time, times the months of service to be purchased, times two, with sufficient interest added thereto so as to equal the full cost of allowing such service, plus an administrative fee to be set by the Board of Trustees.
(2) For members who complete five years of current membership service, and retired members who complete five years of current membership service prior to retirement, and eligible members and retired members covered by subdivision (1) of this subsection, whose membership began on or before July 1, 1981, but who did not or do not make such purchase within three years after first becoming eligible, the cost shall be an amount equal to the full liability of the service credits calculated on the basis of the assumptions used for the purposes of the actuarial valuation of the System's liabilities and shall take into account the retirement allowance arising on account of the additional service credits commencing at the earliest age at which the member could retire on an unreduced allowance, as determined by the Board of Trustees upon the advice of the consulting actuary, plus an administrative fee to be set by the Board of Trustees. Notwithstanding the foregoing provisions of this subsection that provide for the purchase of service credits, the term "full liability" includes assumed postretirement allowance increases, as determined by the Board of Trustees, from the earliest age at which a member could retire on an unreduced service retirement allowance. Notwithstanding the requirement of five years of current membership service, a member whose membership began prior to the service the member desires to purchase shall be eligible to purchase creditable service under this subdivision upon returning to service as a teacher or employee upon completion of a total of five years of membership service and upon completion of one year of current membership service.
Current membership service shall mean membership service earned since the service previously rendered to any state, territory, or other governmental subdivision of the United States other than this State. Creditable service under this subsection shall be allowed only at the rate of one year of out‑of‑state service for each year of membership service in this State, with a maximum allowable of 10 years of out‑of‑state service. Such service is limited to full‑time service which would be allowable under the laws governing this System. Credit will be allowed only if no benefit is allowable in another public retirement system as a result of the service.
(l2) Notwithstanding
any provision of this Chapter to the contrary, on and after January 1, 2019,
July 1, 2019, any member in service with five or more years of
membership service may purchase creditable service previously rendered to any
state, territory, or other governmental subdivision of the United States other
than this State by paying a total lump sum payment. The amount of creditable
service purchased under this subsection may not exceed a total of five years.
The member shall purchase this service by paying a lump sum amount to the
Annuity Savings Fund equal to the full liability increase due to the additional
service credits on the basis of the assumptions used for the purposes of the
actuarial valuation of the liabilities of the Retirement System, except for the
following assumptions specific to this calculation: (i) the allowance shall be
assumed to commence at the earliest age at which the member could retire on an
unreduced retirement allowance and (ii) assumed annual postretirement allowance
increases as set by the Board of Trustees upon the advice of the consulting
actuary. The calculation of the amount payable shall also include an
administrative fee to be set by the Board.
Creditable service under this subsection shall be allowed only at the rate of one year of out‑of‑state service for each year of membership service in this State, with a maximum allowable of five years of out‑of‑state service. Such service is limited to full‑time service that would be allowable under the laws governing this Retirement System. Credit will be allowed only if no benefit is allowable in another public retirement system as a result of the service.
Subject to the requirements of this subsection, an employer may pay all or part of the cost of a service purchase of a member in service. To the extent that the purchase is paid by the employer, the cost paid by the employer shall be credited to the pension accumulation fund. To the extent that the purchase is paid by the member, the cost paid by the member shall be credited to the member's annuity savings account.
…
(p) Credit for prior
temporary State employment. – Notwithstanding any other provision of this
Chapter, on or before December 31, 2018,June 30, 2019, a member
may purchase service credit for temporary State employment upon completion of
10 years of membership service and subject to the condition that the member had
been classified as a temporary employee for more than three years. Each
employer shall certify to the Board of Trustees that an employee is eligible to
purchase this service credit prior to the member making payment. Payment for
the service credit shall be in a single lump sum based upon the amount the
member would have contributed if he had been properly classified as a permanent
employee and been a member of this retirement system.
…
(w) Credit at Full Cost for Federal Employment. – Notwithstanding any other provisions of this Chapter, a member in service with five or more years of membership service may purchase creditable service for periods of federal employment, provided that the member is not receiving any retirement benefits resulting from this federal employment, and provided that the member is not vested in the particular federal retirement system to which the member may have belonged while a federal employee. The amount of creditable service purchased under this subsection may not exceed a total of five years. The member shall purchase this service by making a lump sum amount payable to the Annuity Savings Fund equal to the full liability increase due to the additional service credits on the basis of the assumptions used for the purposes of the actuarial valuation of the liabilities of the Retirement System, except for the following assumptions specific to this calculation: (i) the allowance shall be assumed to commence at the earliest age at which the member could retire on an unreduced retirement allowance and (ii) assumed annual postretirement allowance increases as set by the Board of Trustees upon the advice of the consulting actuary. The calculation of the amount payable shall also include an administrative fee to be set by the Board.
Subject to the requirements of this subsection, an employer may pay all or part of the cost of a service purchase of a member in service. To the extent that the purchase is paid by the employer, the cost paid by the employer shall be credited to the pension accumulation fund. To the extent that the purchase is paid by the member, the cost paid by the member shall be credited to the member's annuity savings account.
On or before December 31, 2018,
June 30, 2019, members in service may also purchase creditable service for
periods of employment with public community service entities within the State
funded entirely with federal funds, other than the federal government, that are
not covered by the provisions of G.S. 128‑21(11) or G.S. 135‑1(11),
under the same terms and conditions that are applicable to the purchase of
creditable service for periods of federal employment in accordance with this
subsection. "Public community service entities" as used in this
subsection shall mean community action, human relations, manpower development,
and community development programs as defined in Articles 19 and 21 of Chapter
160A and Article 18 of Chapter 153A of the General Statutes.
…
(bb) Credit at Full Cost for
Probationary Local Government Employment Purchased On or Before December 31,
2018. June 30, 2019. – Notwithstanding any other provision of this
Chapter, on or before December 31, 2018,June 30, 2019, a member
may purchase creditable service, prior to retirement, for employment with any
local employer as defined in G.S. 128‑21(11) when considered to be
in a probationary or employer‑imposed waiting period status, between the
date of employment and the date of membership service with the Local
Governmental Employees' Retirement System, provided that the former employer of
such a member has revoked this probationary employment or waiting period
policy.
The member shall purchase this service by making a lump‑sum amount payable to the Annuity Savings Fund equal to the full liability of the service credits calculated on the basis of the assumptions used for purposes of the actuarial valuation of the liabilities of the retirement system, and the calculation of the amount payable shall take into account the retirement allowance arising on account of the additional service credit commencing at the earliest age at which the member could retire on an unreduced retirement allowance, as determined by the Board of Trustees upon the advice of the consulting actuary, plus an administrative fee to be set by the Board of Trustees. Notwithstanding the provisions of this subsection that provide for the purchase of service credits, the term "full liability" includes assumed annual postretirement allowance increases, as determined by the Board of Trustees, from the earliest age at which a member could retire on an unreduced service allowance.
(bb1) Credit at Full Cost for
Probationary Local Government Employment Purchased On and After January 1,
2019. July 1, 2019. – Notwithstanding any other provision of this
Chapter, on and after January 1, 2019, July 1, 2019, a member may
purchase creditable service, prior to retirement, for employment with any local
employer as defined in G.S. 128‑21(11) when considered to be in a
probationary or employer‑imposed waiting period status, between the date
of employment and the date of membership service with the Local Governmental
Employees' Retirement System.
The member shall purchase this service by making a lump sum amount payable to the Annuity Savings Fund equal to the full liability increase due to the additional service credits on the basis of the assumptions used for the purposes of the actuarial valuation of the liabilities of the Retirement System, except for the following assumptions specific to this calculation: (i) the allowance shall be assumed to commence at the earliest age at which the member could retire on an unreduced retirement allowance and (ii) assumed annual postretirement allowance increases as set by the Board of Trustees upon the advice of the consulting actuary. The calculation of the amount payable shall also include an administrative fee to be set by the Board.
Subject to the requirements of this subsection, an employer may pay all or part of the cost of a service purchase of a member in service. To the extent that the purchase is paid by the employer, the cost paid by the employer shall be credited to the pension accumulation fund. To the extent that the purchase is paid by the member, the cost paid by the member shall be credited to the member's annuity savings account.
…."
SECTION 5.(b) If House Bill 1055, 2017 Regular Session, becomes law, then G.S. 128‑26, as amended by Section 5.(b) of that act, reads as rewritten:
"§ 128‑26. Allowance for service.
…
(i) Notwithstanding any
other provision of this Chapter, on or before December 31, 2018, June
30, 2019, any person who withdrew his or her contributions in accordance
with the provisions of G.S. 128‑27(f) or 135‑5(f) or the rules
and regulations of the Law Enforcement Officers' Retirement System and who
subsequently returns to service may, upon completion of five years of prior and
current membership service, repay in a total lump sum any and all of the
accumulated contributions previously withdrawn with interest compounded
annually at the rate of six and one‑half percent (6.5%) for each calendar
year from the year of withdrawal to the year of repayment plus a fee to cover
expense of handling which shall be determined by the Board of Trustees, and
receive credit for the service forfeited at time of withdrawal(s). These
provisions shall apply equally to retired members who had attained five years
of prior and current membership service prior to retirement. The retirement
allowance of a retired member who restores service under this subsection shall
be increased the month following the month payment is received. The increase in
the retirement allowance shall be the difference between the initial retirement
allowance, under any optional allowance elected at the time of retirement, and
the amount of the retirement allowance, under any optional allowance elected at
the time of retirement, to which the retired member would have been entitled
had the service not been previously forfeited, adjusted by any increases in the
retirement accrual rate occurring between the member's date of retirement and
the date of payment. The increase in the retirement allowance shall not include
any adjustment for cost‑of‑living increases granted since the date
of retirement.
(i1) North Carolina Withdrawn
Service Purchased On and After January 1, 2019. July 1, 2019. –
Notwithstanding any other provision of this Article to the contrary, on and
after January 1, 2019, July 1, 2019, any member who withdrew his
or her contributions in accordance with the provisions of G.S. 128‑27(f)
or G.S. 135‑5(f) or the rules of the Law Enforcement Officer's
Retirement System, and who subsequently returns to service and completes five
years of membership service upon that return, while in service may purchase an
amount of creditable service totaling the amount of the membership service
associated with the withdrawn contributions, provided that the total of the
creditable service purchased under this subsection may not exceed a total of
five years. The member shall purchase this service by paying a lump sum amount
to the Annuity Savings Fund equal to the full liability increase due to the
additional service credits on the basis of the assumptions used for the
purposes of the actuarial valuation of the liabilities of the Retirement
System, except for the following assumptions specific to this calculation: (i)
the allowance shall be assumed to commence at the earliest age at which the
member could retire on an unreduced retirement allowance and (ii) assumed
annual postretirement allowance increases as set by the Board of Trustees upon
the advice of the consulting actuary. The calculation of the amount payable
shall also include an administrative fee to be set by the Board.
Subject to the requirements of this subsection, an employer may pay all or part of the cost of a service purchase of a member in service. To the extent that the purchase is paid by the employer, the cost paid by the employer shall be credited to the pension accumulation fund. To the extent that the purchase is paid by the member, the cost paid by the member shall be credited to the member's annuity savings account.
…
(j2) Notwithstanding any
other provision of this Chapter, on or before December 31, 2018, June
30, 2019, any member and any retired member as herein described may
purchase creditable service previously rendered to any state, territory, or
other governmental subdivision of the United States other than this State by
paying a total lump‑sum payment determined as follows:
(1) For members who completed 10 years of prior and current membership service, and retired members who completed 10 years of prior and current membership service prior to retirement, and whose membership began on or before January 1, 1988, and who make such purchase within three years after first becoming eligible, the cost shall be an amount equal to the monthly compensation the member earned when he first entered membership service, times the employee contribution rate at that time, times the months of service to be purchased, times two, with sufficient interest added thereto so as to equal the full cost of allowing such service, plus an administrative fee to be set by the Board of Trustees.
(2) For members who complete five years of prior and current membership service, and retired members who complete five years of prior and current membership service prior to retirement, and eligible members and retired members covered by subdivision (1) of this subsection, whose membership began on or before January 1, 1988, but who did not or do not make such purchase within three years after first becoming eligible, the cost shall be an amount equal to the full liability of the service credits calculated on the basis of the assumptions used for the purposes of the actuarial valuation of the System's liabilities and shall take into account the retirement allowance arising on account of the additional service credits commencing at the earliest age at which the member could retire on an unreduced allowance, as determined by the Board of Trustees upon the advice of the consulting actuary, plus an administrative fee to be set by the Board of Trustees. Notwithstanding the foregoing provisions of this subsection that provide for the purchase of service credits, the term "full liability" includes assumed postretirement allowance increases, as determined by the Board of Trustees, from the earliest age at which a member could retire on an unreduced service retirement allowance. Notwithstanding the requirement of five years of current membership service, a member whose membership began prior to the service the member desires to purchase shall be eligible to purchase creditable service under this subdivision upon returning to service as an employee upon completion of a total of five years of membership service and upon completion of one year of current membership service.
Current membership service shall mean membership service earned since the service previously rendered to any state, territory, or other governmental subdivision of the United States other than this State. Creditable service under this subsection shall be allowed only at the rate of one year of out‑of‑state service for each year of service in this State, with a maximum allowable of 10 years of out‑of‑state service. Such service is limited to full‑time service which would be allowable under the laws governing this System. Credit will be allowed only if no benefit is allowable in another public retirement system as a result of the service.
(j3) Notwithstanding any
provision of this Article to the contrary, on and after January 1, 2019, July
1, 2019, any member in service with five or more years of membership
service may purchase creditable service previously rendered to any state,
territory, or other governmental subdivision of the United States other than
this State by paying a total lump sum payment. The amount of creditable service
purchased under this subsection may not exceed a total of five years. The
member shall purchase this service by paying a lump sum amount to the Annuity
Savings Fund equal to the full liability increase due to the additional service
credits on the basis of the assumptions used for the purposes of the actuarial
valuation of the liabilities of the Retirement System, except for the following
assumptions specific to this calculation: (i) the allowance shall be assumed to
commence at the earliest age at which the member could retire on an unreduced
retirement allowance and (ii) assumed annual postretirement allowance increases
as set by the Board of Trustees upon the advice of the consulting actuary. The
increases as set by the Board of Trustees upon the advice of the consulting
actuary shall also include an administrative fee to be set by the Board.
Creditable service under this subsection shall be allowed only at the rate of one year of out‑of‑state service for each year of membership service in this State, with a maximum allowable of five years of out‑of‑state service. Such service is limited to full‑time service that would be allowable under the laws governing this Retirement System. Credit will be allowed only if no benefit is allowable in another public retirement system as a result of the service.
Subject to the requirements of this subsection, an employer may pay all or part of the cost of a service purchase of a member in service. To the extent that the purchase is paid by the employer, the cost paid by the employer shall be credited to the pension accumulation fund. To the extent that the purchase is paid by the member, the cost paid by the member shall be credited to the member's annuity savings account.
…
(o) Credit at Full Cost for Federal Employment. – Notwithstanding any other provisions of this Chapter, a member in service with five or more years of membership service may purchase creditable service for periods of federal employment, provided that the member is not receiving any retirement benefits resulting from this federal employment, and provided that the member is not vested in the particular federal retirement system to which the member may have belonged while a federal employee. The amount of creditable service purchased under this subsection may not exceed a total of five years. The member shall purchase this service by making a lump sum amount payable to the Annuity Savings Fund equal to the full liability increase due to the additional service credits on the basis of the assumptions used for the purposes of the actuarial valuation of the liabilities of the Retirement System, except for the following assumptions specific to this calculation: (i) the allowance shall be assumed to commence at the earliest age at which the member could retire on an unreduced retirement allowance and (ii) assumed annual postretirement allowance increases as set by the Board of Trustees upon the advice of the consulting actuary. The calculation of the amount payable shall also include an administrative fee to be set by the Board.
Subject to the requirements of this subsection, an employer may pay all or part of the cost of a service purchase of a member in service. To the extent that the purchase is paid by the employer, the cost paid by the employer shall be credited to the pension accumulation fund. To the extent that the purchase is paid by the member, the cost paid by the member shall be credited to the member's annuity savings account.
On or before December 31, 2018, June
30, 2019, members may also purchase creditable service for periods of
employment with public community service entities within the State funded
entirely with federal funds, other than the federal government, that are not
covered by the provisions of G.S. 128‑21(11) or G.S. 135‑1(11),
under the same terms and conditions that are applicable to the purchase of
creditable service for periods of federal employment in accordance with this
subsection. "Public community service entities" as used in this
subsection shall mean community action, human relations, manpower development,
and community development programs as defined in Articles 19 and 21 of Chapter
160A and Article 18 of Chapter 153A of the General Statutes.
…
(q) Credit at Full Cost for
Probationary Employment Purchased On or Before December 31, 2018. June
30, 2019. – Notwithstanding any other provision of this Chapter, on or
before December 31, 2018, June 30, 2019, a member may purchase
creditable service, prior to retirement, for employment with an employer as
defined in this Article when considered to be in a probationary or employer
imposed waiting period status and thereby not regularly employed, between date
of employment and date of membership service with the retirement system,
provided that the employer or former employer of such a member has revoked this
probationary employment or waiting period policy.
Provided, the member shall purchase this service by making a lump sum amount payable to the Annuity Savings Fund equal to the full liability of the service credits calculated on the basis of the assumptions used for purposes of the actuarial valuation of the liabilities of the retirement system, and the calculation of the amount payable shall take into account the retirement allowance arising on account of the additional service credit commencing at the earliest age at which the member could retire on an unreduced retirement allowance, as determined by the Board of Trustees upon the advice of the consulting actuary, plus an administrative fee to be set by the Board of Trustees. In no instance shall the amount payable be less than the contributions a member would have made during the employment plus four percent (4%) interest compounded annually.
Notwithstanding the foregoing provisions of this subsection that provide for the purchase of service credits, the terms "full cost", "full liability", and "full actuarial cost" include assumed annual post‑retirement allowance increases, as determined by the Board of Trustees, from the earliest age at which a member could retire on an unreduced service allowance.
Nothing contained in this subsection shall prevent an employer or member from paying all or a part of the cost of the probationary employment; and to the extent paid by the employer, the cost paid by the employer shall be credited to the pension accumulation fund; and to the extent paid by the member, the cost paid by the member shall be credited to the member's annuity savings account; provided, however, an employer does not discriminate against any member or group of members in its current employ in paying all or any part of the cost of the probationary employment. In the event an employer pays all or a part of the full actuarial cost, the employer may, at its option, pay such amount either in a lump sum or by increasing its "accrued liability contribution" for the remainder of its accrued liability period. In the event an employer has satisfied its accrued liability contribution, the employer may amortize its portion of the full actuarial cost over a period not to exceed 10 years. The expense of making an actuarial valuation to determine the accrued liability contribution or the additional accrued liability contribution, required to amortize the portion of the full actuarial cost paid by the employer, shall be paid by the employer in a lump sum at the time of the actuarial valuation.
(q1) Credit at Full Cost for
Probationary Employment Purchased On or After January 1, 2019. July
1, 2019. – Notwithstanding any other provision of this Chapter, on and
after January 1, 2019, July 1, 2019, a member in service with
five or more years of service may purchase creditable service for employment
with an employer as defined in this Article when considered to be in a
probationary or employer‑imposed waiting period status and thereby not
regularly employed between date of employment and date of membership service
with the retirement system. The amount of creditable service purchased under
this subsection may not exceed five years.
The member shall purchase this service by paying a lump sum amount to the Annuity Savings Fund equal to the full liability increase due to the additional service credits on the basis of the assumptions used for the purposes of the actuarial valuation of the liabilities of the Retirement System, except for the following assumptions specific to this calculation: (i) the allowance shall be assumed to commence at the earliest age at which the member could retire on an unreduced retirement allowance and (ii) assumed annual postretirement allowance increases as set by the Board of Trustees upon the advice of the consulting actuary. The increases as set by the Board of Trustees upon the advice of the consulting actuary shall also include an administrative fee to be set by the Board.
Subject to the requirements of this subsection, an employer may pay all or part of the cost of a service purchase of a member in service. To the extent that the purchase is paid by the employer, the cost paid by the employer shall be credited to the pension accumulation fund. To the extent that the purchase is paid by the member, the cost paid by the member shall be credited to the member's annuity savings account.
…."
SECTION 5.(c) If House Bill 1055, 2017 Regular Session, becomes law, then G.S. 135‑1.1(b) as amended by Section 5.(c) of that act, reads as rewritten:
"(b) Notwithstanding any
other provision of this Chapter, any State board or agency charged with the
duty of administering any law relating to the examination and licensing of
persons to practice a profession, trade, or occupation, and who is subject to
the provisions of the State Budget Act, Chapter 143C of the General Statutes,
may make an irrevocable election by appropriate resolution of the board, on or
before October 1, 2000, to become an employer in the Teachers' and State
Employees' Retirement System. Retirement System coverage shall be conditioned
on the board's payment of all of the employer's contributions or matching funds
from funds of the board and on the board's collecting from its employees the
employees' contributions, at such rates as may be fixed under G.S. 135‑8,
the Current Operations Appropriations Act, or any other applicable law, all of
such funds to be paid to the Retirement System and placed in the appropriate
funds. Any person who was an employee of the board on the date the board makes
an irrevocable election to participate in the Retirement System may purchase
creditable service for periods of employment with the board prior to the
election, provided that (i) the person is a member in service and (ii) the
purchase is made on or before December 31, 2018. June 30, 2019. The
amount of creditable service purchased under this subsection may not exceed a
total of five years. A member shall purchase this service by paying a lump sum
amount to the Annuity Savings Fund equal to the full liability increase due to
the additional service credits on the basis of the assumptions used for the
purposes of the actuarial valuation of the liabilities of the Retirement
System, except for the following assumptions specific to this calculation: (i)
the allowance shall be assumed to commence at the earliest age at which the
employee could retire on an unreduced retirement allowance and (ii) assumed
annual postretirement allowance increases as set by the Board of Trustees upon
the advice of the consulting actuary. The increases as set by the Board of
Trustees upon the advice of the consulting actuary shall also include an
administrative fee to be set by the Board."
SECTION 5.(d) If House Bill 1055, 2017 Regular Session, becomes law, then G.S. 135‑56(b) as amended by Section 5.(d) of that act, reads as rewritten:
"(b) On or before December
31, 2018, June 30, 2019, when membership ceases as a result of a
member's withdrawal of his or her accumulated contributions, the prior service
and previous membership service of the member shall no longer be considered to
be creditable service; provided, however, that if a member whose creditable
service has been cancelled in accordance with this subsection subsequently
returns to membership for a period of five years, the member may thereafter
repay in a lump sum the amount withdrawn plus regular interest thereon from the
date of withdrawal through the date of repayment and thereby increase his or
her creditable service by the amount of creditable service lost when the member
withdrew his or her accumulated contributions."
SECTION 5.(e) If House Bill 1055, 2017 Regular Session, becomes law, then G.S. 135‑56(b1), as enacted by Section 5.(e) of that act, reads as rewritten:
"(b1) On and after January
1, 2019, July 1, 2019, when membership ceases as a result of a
member's withdrawal of his or her accumulated contributions, the prior service
and previous membership service of the member shall no longer be considered to
be creditable service. If a member whose creditable service has been cancelled
in accordance with this subsection subsequently returns to membership service
and completes five years of membership service upon that return, then the
member may purchase an amount of creditable service corresponding to the total
of the membership service associated with the withdrawn contributions, provided
that the total amount of creditable service purchased under this subsection may
not exceed five years. The member shall purchase this service by paying a lump
sum amount to the Annuity Savings Fund equal to the full liability increase due
to the additional service credits on the basis of the assumptions used for the
purposes of the actuarial valuation of the liabilities of the Retirement
System, except for the following assumptions specific to this calculation: (i)
the allowance shall be assumed to commence at the earliest age at which the
member could retire on an unreduced retirement allowance and (ii) assumed
annual postretirement allowance increases as set by the Board of Trustees upon
the advice of the consulting actuary. The increases as set by the Board of
Trustees upon the advice of the consulting actuary shall also include an
administrative fee to be set by the Board.
Subject to the requirements of this subsection, an employer may pay all or part of the cost of a service purchase of a member in service. To the extent that the purchase is paid by the employer, the cost paid by the employer shall be credited to the pension accumulation fund. To the extent that the purchase is paid by the member, the cost paid by the member shall be credited to the member's annuity savings account."
SECTION 5.(f) If House Bill 1055, 2017 Regular Session, becomes law, then G.S. 120‑4.15, as amended by Section 5.(f) of that act, reads as rewritten:
"§ 120‑4.15. Repayment of contributions.
(a) On or before December
31, 2018, June 30, 2019, repayment of contributions withdrawn from
the Legislative Retirement Fund and System shall be at the rate of seven
percent (7%) of the highest monthly compensation received as a legislator at
the time of purchase for each month of creditable service restored plus an
administrative fee to be paid in lump sum.
(b) On and after January
1, 2019, July 1, 2019, repayment of contributions withdrawn from the
Legislative Retirement Fund and System shall be in an amount equal to the full
liability increase due to the additional service credits on the basis of the
assumptions used for the purposes of the actuarial valuation of the liabilities
of the Retirement System, except for the following assumptions specific to this
calculation: (i) the allowance shall be assumed to commence at the earliest age
at which the member could retire on an unreduced retirement allowance and (ii)
assumed annual postretirement allowance increases as set by the Board of
Trustees of the Teachers' and State Employees' Retirement System upon the
advice of the consulting actuary. The calculation of the amount payable shall
also include an administrative fee to be set by the Board of Trustees of the
Teachers' and State Employees' Retirement System.
Subject to the requirements of this subsection, an employer may pay all or part of the cost of a service purchase of a member in service. To the extent that the purchase is paid by the employer, the cost paid by the employer shall be credited to the pension accumulation fund. To the extent that the purchase is paid by the member, the cost paid by the member shall be credited to the member's annuity savings account."
SECTION 5.(g) If House Bill 1055, 2017 Regular Session, becomes law, then Section 5.(k) of that act reads as rewritten:
"SECTION 5.(k) For all
service purchases that are required to have been made by December 31, 2018, June
30, 2019, the Retirement Systems Division of the Department of State
Treasurer shall accept and process all service purchase request forms that are
received by the Retirement Systems Division on or before December 31, 2018.June
30, 2019."
SECTION 5.(h) If House Bill 1055, 2017 Regular Session, becomes law, then this section becomes effective on the date that Section 5 of that act becomes effective.
PART VI. ADJUSTMENTS TO OPTIONAL RETIREMENT ALLOWANCE ELECTIONS
SECTION 6.(a) If House Bill 1055, 2017 Regular Session, becomes law, then G.S. 135‑5(g), as amended by Section 6.(a) of that act, reads as rewritten:
"(g) Election of Optional Allowance. – With the provision that until the first payment on account of any benefit becomes normally due, or the member's first retirement check has been cashed, any member may elect to receive his or her benefits in a retirement allowance payable throughout life, or the member may elect to receive the actuarial equivalent of such retirement allowance, including any special retirement allowance, in a reduced allowance payable throughout life under the provisions of one of the options set forth below. The election of Option 2, 3, or 6 or nomination of the person thereunder shall be revoked if such person nominated dies prior to the date the first payment becomes normally due or until the member's first retirement check has been cashed. Such election may be revoked by the member prior to the date the first payment becomes normally due or until the member's first retirement check has been cashed. Provided, however, in the event a member has elected Option 2, 3, or 5 and nominated his or her spouse to receive a retirement allowance upon the member's death, and the spouse predeceases the member after the first payment becomes normally due or the first retirement check has been cashed, if the member remarries he or she may request to nominate a new spouse to receive the retirement allowance under the previously elected option, within 90 days of the remarriage, and may nominate a new spouse to receive the retirement allowance under the previously elected option by written designation duly acknowledged and filed with the Board of Trustees within 120 days of the remarriage. The new nomination shall be effective on the first day of the month in which it is made and shall provide for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately prior to the effective date of the new nomination. Any member having elected Option 2, 3, 5, or 6 and nominated his or her spouse to receive a retirement allowance upon the member's death may, after divorce from his or her spouse, revoke the nomination and elect a new option, effective on the first day of the month in which the new option is elected, providing for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately prior to the effective date of the new option. Except as provided in this section, the member may not change the member's retirement benefit option or the member's designated beneficiary for survivor benefits, if any, after the member has cashed the first retirement check or after the 25th day of the month following the month in which the first check is mailed, whichever comes first. The following are optional allowances that a member may elect under this subsection:
…
Option 4. Adjustment of Retirement
Allowance for Social Security Benefits for Members Retiring On or Before
December 1, 2018. Benefits. – Until the first payment on account of
any benefit becomes normally due, any member retiring on or before December
1, 2018, may elect to convert his or her benefit otherwise payable on the
member's account after retirement into a retirement allowance of equivalent
actuarial value of such amount that with the member's benefit under Title II of
the Federal Social Security Act, the member will receive, so far as possible,
approximately the same amount per year before and after the earliest age at which
the member becomes eligible, effective as of the first of the month following
the month of initial entitlement, upon application therefor, to receive a
social security benefit.
…
Option 6. For Members Retiring On
or Before December 1, 2018.January 1, 2020. – A member retiring
on or before December 1, 2018,January 1, 2020, may elect either
Option 2 or Option 3 with the added provision that in the event the designated
beneficiary predeceases the member, the retirement allowance payable to the
member after the designated beneficiary's death shall be equal to the
retirement allowance which would have been payable had the member not elected
the option.
Upon the death of a member after the effective date of a retirement for which the member has been approved and following receipt by the Board of Trustees of an election of benefits (Form 6‑E or Form 7‑E) but prior to the cashing of the first benefit check, the retirement benefit shall be payable as provided by the member's election of benefits under this subsection.
Upon the death of a member after the effective date of a retirement for which the member has been approved but prior to the receipt by the Board of Trustees of an election of benefits (Form 6‑E or Form 7‑E), properly acknowledged and filed by the member, the member's designated beneficiary for a return of accumulated contributions may elect to receive the benefit, if only one beneficiary is eligible to receive the return of accumulated contributions. If more than one beneficiary is eligible to receive the return of accumulated contributions, or if no beneficiary has been designated, the administrator or executor of the member's estate will select an option and name the beneficiary or beneficiaries."
SECTION 6.(b) If House Bill 1055, 2017 Regular Session, becomes law, then G.S. 128‑27, as amended by Section 6.(b) of that act, reads as rewritten:
"(g) Election of Optional Allowance. – With the provision that until the first payment on account of any benefit becomes normally due, or the member's first retirement check has been cashed, any member may elect to receive his or her benefits in a retirement allowance payable throughout life, or the member may elect to receive the actuarial equivalent of such retirement allowance, including any special retirement allowance, in a reduced allowance payable throughout life under the provisions of one of the Options set forth below. The election of Option 2, 3, or 6 or nomination of the person thereunder shall be revoked if such person nominated dies prior to the date the first payment becomes normally due or the first retirement check has been cashed. Such election may be revoked by the member prior to the date the first payment becomes normally due or the member's first retirement check has been cashed. Provided, however, in the event a member has elected Option 2, 3, or 5 and nominated his or her spouse to receive a retirement allowance upon the member's death, and the spouse predeceases the member after the first payment becomes normally due or the first retirement check has been cashed, if the member remarries he or she may request to nominate a new spouse to receive the retirement allowance under the previously elected option, within 90 days of the remarriage, and may nominate a new spouse to receive the retirement allowance under the previously elected option by written designation duly acknowledged and filed with the Board of Trustees within 120 days of the remarriage. The new nomination shall be effective on the first day of the month in which it is made and shall provide for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately prior to the effective date of the new nomination. Any member having elected Option 2, 3, 5, or 6 and nominated his or her spouse to receive a retirement allowance upon the member's death may, after divorce from his or her spouse, revoke the nomination and elect a new option, effective on the first day of the month in which the new option is elected, providing for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately prior to the effective date of the new option. Except as provided in this section, the member may not change the member's retirement benefit option or the member's designated beneficiary for survivor benefits, if any, after the member has cashed the first retirement check or after the 25th day of the month following the month in which the first check is mailed, whichever comes first. The following are optional allowances that a member may elect under this subsection:
…
Option four. Adjustment of
Retirement Allowance for Social Security Benefits for Members Retiring On or
Before December 1, 2018.Benefits. – Until the first payment on
account of any benefit becomes normally due, any member retiring on or
before December 1, 2018, may elect to convert his or her benefit otherwise
payable on the member's account after retirement into a retirement allowance of
equivalent actuarial value of such amount that with the member's benefit under
Title II of the Federal Social Security Act, the member will receive, so far as
possible, approximately the same amount per year before and after the earliest
age at which the member becomes eligible, effective as of the first of the
month following the month of initial entitlement, upon application therefor, to
receive a social security benefit.
…
Option six. For Members Retiring On
or Before December 1, 2018.January 1, 2020. – A member retiring
on or before December 1, 2018,January 1, 2020, may elect either
Option two or Option three with the added provision that in the event the
designated beneficiary predeceases the member, the retirement allowance payable
to the member after the designated beneficiary's death shall be equal to the
retirement allowance which would have been payable had the member not elected
the option.
Upon the death of a member after the effective date of a retirement for which the member has been approved and following receipt by the Board of Trustees of an election of benefits (Form 6‑E or Form 7‑E) but prior to the cashing of the first benefit check, the retirement benefit shall be payable as provided by the member's election of benefits under this subsection.
Upon the death of a member after the effective date of a retirement for which the member has been approved but prior to the receipt by the Board of Trustees of an election of benefits (Form 6‑E or Form 7‑E), properly acknowledged and filed by the member, the member's designated beneficiary for a return of accumulated contributions may elect to receive the benefit, if only one beneficiary is eligible to receive the return of accumulated contributions. If more than one beneficiary is eligible to receive the return of accumulated contributions, or if no beneficiary has been designated, the administrator or executor of the member's estate will select an option and name the beneficiary or beneficiaries."
SECTION 6.(c) If House Bill 1055, 2017 Regular Session, becomes law, then this section becomes effective on the date that Section 6 of that act becomes effective.
PART VII. CLARIFICATION OF LIEN PRIORITY
SECTION 7.(a) If House Bill 1055, 2017 Regular Session becomes law, then Section 3(b) of Session Law 2018‑84, as amended by Section 7 of that act, reads as rewritten:
"SECTION 3.(b) This
section is effective when it becomes law and applies to charter schools
electing to cease participation in the Teachers' and State Employees'
Retirement System on or after that date. Priority of the lien over
nongovernmental liens and rights, created under subsection (a) of this section,
shall apply only to nongovernmental liens and rights that have attached to the
applicable property on or after the effective date of this section. Subsection
(a) of this section expires five years after the effective date of this
section. Any charter school entering a withdrawal liability payment plan prior
to the expiration date shall have the full three years to complete the payment plan.
and the lien priority shall apply during the entire period of the payment
plan."
SECTION 7.(b) If House Bill 1055, 2017 Regular Session, does not become law, Section 3(b) of Session Law 2018‑84 reads as rewritten:
"SECTION 3.(b) This section is effective when it becomes law and applies to charter schools electing to cease participation in the Teachers' and State Employees' Retirement System on or after that date. Priority of the lien over nongovernmental liens and rights, created under subsection (a) of this section, shall apply only to nongovernmental liens and rights that have attached to the applicable property on or after the effective date of this section. Subsection (a) of this section expires five years after the effective date of this section. Any charter school entering a withdrawal liability payment plan prior to the expiration date shall have the full three years to complete the payment plan and the lien priority shall apply during the entire period of the payment plan."
PART VIII. TECHNICAL CORRECTION TO LEO 25‑YEAR RETIREMENT
SECTION 8.(a) G.S. 135‑5(b19), as amended by S.L. 2018‑22, Section 3.(b), reads as rewritten:
"(b19) Service Retirement
Allowance of Members Retiring on or After July 1, 2002, but Before July 1,
2018. 2019. – Upon retirement from service in accordance with
subsection (a) or (a1) of this section, on or after July 1, 2002, but before
July 1, 2018, 2019, a member shall receive the following service
retirement allowance:
…."
SECTION 8.(b) G.S. 135‑5(b21), as enacted by S.L. 2018‑22, Section 3.(c), reads as rewritten:
"(b21) Service Retirement
Allowance of Members Retiring on or After July 1, 2018. 2019. –
Upon retirement from service on or after July 1, 2018, 2019, in
accordance with subsection (a) or (a1) of this section, a member shall receive
the following service retirement allowance:
…."
SECTION 8.(c) G.S. 128‑27(b21), as amended by S.L. 2018‑22, Section 3.(f), reads as rewritten:
"(b21) Service Retirement
Allowance of Member Retiring on or After July 1, 2003, but Before July 1, 2018.2019.
– Upon retirement from service in accordance with subsection (a) or (a1) above,
on or after July 1, 2003, but before July 1, 2018, 2019, a member
shall receive the following service retirement allowance:
…."
SECTION 8.(d) G.S. 128‑27(b22) as enacted by S.L. 2018‑22, Section 3.(g), reads as rewritten:
"(b22) Service Retirement
Allowance of Member Retiring on or After July 1, 2018.2019. –
Upon retirement from service in accordance with subsection (a) or (aa1) of this
section, on or after July 1, 2018, 2019, a member shall receive the
following service retirement allowance:
…."
SECTION 8.(e) This section becomes effective July 1, 2019.
PART IX. EFFECTIVE DATE
SECTION 9. Except as otherwise provided, this act is effective when it becomes law.
