Bill Text: NC S1450 | 2010 | Regular Session | Amended

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Bill Title: State Retirement Age and Service Change

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-05-27 - Ref To Com On Pensions & Retirement & Aging [S1450 Detail]

Download: North_Carolina-2010-S1450-Amended.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                     1

SENATE BILL 1450

 

 

Short Title:        State Retirement Age and Service Change.		(Public)
Sponsors:	Senators Garrou;  Hoyle and Swindell.
Referred to:	Pensions & Retirement & Aging.

May 27, 2010

A BILL TO BE ENTITLED

AN ACT to establish a normal retirement age for members of the teachers' and state employees' retirement system who begin service on or after january 1, 2011, to eliminate Longevity pay for state employees and officers who begin service on or after january 1, 2011, to make changes in the state health plan for new employees, and to change the definition of "law enforcement officer" for purposes of benefits for new employees.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 135‑1 is amended by adding a new subdivision to read:

"(14a)   'Normal retirement age' means age 60."

SECTION 1.(b)  G.S. 135‑5(a) reads as rewritten:

"(a)       Service Retirement Benefits. –

(1)        Any member as of December 31, 2010, may retire upon electronic submission or written application to the Board of Trustees setting forth at what time, as of the first day of a calendar month, not less than one day nor more than 120 days subsequent to the execution of and filing thereof, he desires to be retired: Provided, that the said member at the time so specified for his retirement shall have attained the age of 60 years and have at least five years of membership service or shall have completed 30 years of creditable service.

(1a)      Any member whose current membership begins on or after January 1, 2011, may retire upon electronic submission or written application to the Board of Trustees setting forth at what time, as of the first day of a calendar month, not less than one day nor more than 120 days subsequent to the execution of and filing thereof, the member desires to be retired. At the time specified for retirement the member shall have attained normal retirement age and have at least five years of membership service.

(2)        Repealed by Session Laws 1983 (Regular Session, 1984), c. 1019, s. 1.

(3)        Any member who was in service October 8, 1981, who had attained 60 years of age, may retire upon electronic submission or written application to the Board of Trustees setting forth at what time, as of the first day of a calendar month, not less than one day nor more than 120 days subsequent to the execution and filing thereof, he desires to be retired.

(4)        Any member as of December 31, 2010, who is a law‑enforcement officer, and who attains age 50 and completes 15 or more years of creditable service in this capacity or who attains age 55 and completes five or more years of creditable service in this capacity, may retire upon electronic submission or written application to the Board of Trustees setting forth at what time, as of the first day of a calendar month, not less than one day nor more than 120 days subsequent to the execution and filing thereof, he desires to be retired; Provided, also, any member who has met the conditions herein required but does not retire, and later becomes a teacher or an employee other than as a law‑enforcement officer shall continue to have the right to commence retirement.

(4a)      Any member whose current membership begins on or after January 1, 2011, who is a law enforcement officer and who attains age 60 and completes five or more years of creditable service in this capacity may retire upon electronic submission or written application to the Board of Trustees setting forth at what time, as of the first day of a calendar month, not less than one day nor more than 120 days subsequent to the execution and filing thereof, the member desires to be retired; provided, also, any member who has met the conditions herein required but does not retire and later becomes a teacher or an employee other than as a law enforcement officer shall continue to have the right to commence retirement.

(5)        Any member who is eligible for and is being paid a benefit under the Disability Income Plan as provided in G.S. 135‑105 or G.S. 135‑106 shall be deemed a member in service and may not retire under the provisions of this section. Any member who has made electronic submission or written application for long‑term or extended short‑term benefits under the Disability Income Plan as provided in G.S. 135‑105 or G.S. 135‑106, and who has been rejected by the Plan's Medical Board for a long‑term or extended short‑term benefit shall have 90 days from the date of notification of the rejection to convert his application to an early or service retirement application, provided that the member meets the eligibility requirements, effective the first day of the month following the month in which short‑term disability benefits ended or the first day of the month following the month in which any salary continuation as may be provided in G.S. 135‑104 ended, whichever is later."

SECTION 1.(c)  G.S. 135‑5(a1) reads as rewritten:

"(a1)     Early Service Retirement Benefits. – Any member as of December 31, 2010, may retire and receive a reduced retirement allowance upon electronic submission or written application to the Board of Trustees setting forth at what time, as of the first day of a calendar month, not less than one day nor more than 120 days subsequent to the execution of and filing thereof, he desires to be retired: Provided, that the said member at the time so specified for his retirement shall have attained the age of 50 years and have at least 20 years of creditable service."

SECTION 1.(d)  G.S. 135‑5 is amended by adding a new subsection to read:

"(a2)     Early Service Retirement Benefits. – Any member whose current membership begins on or after January 1, 2011, may retire and receive a reduced retirement allowance upon electronic submission or written application to the Board of Trustees setting forth at what time, as of the first day of a calendar month, not less than one day nor more than 120 days subsequent to the execution of and filing thereof, the member desires to be retired: Provided, that the said member at the time so specified for the member's retirement shall have attained the age of 55 years and have at least 20 years of creditable service."

SECTION 1.(e)  G.S. 135‑5(b19) reads as rewritten:

"(b19)  Service Retirement Allowance of Members as of December 31, 2010, Retiring on or After July 1, 2002. – Upon retirement from service in accordance with subsection (a) or (a1) above, on or after July 1, 2002, a member shall receive the following service retirement allowance:

(1)        A member who is a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:

a.         If the member's service retirement date occurs on or after his 55th birthday, and completion of five years of creditable service as a law enforcement officer, or after the completion of 30 years of creditable service, the allowance shall be equal to one and eighty‑two hundredths percent (1.82%) of his average final compensation, multiplied by the number of years of his creditable service.

b.         If the member's service retirement date occurs on or after his 50th birthday and before his 55th birthday with 15 or more years of creditable service as a law enforcement officer and prior to the completion of 30 years of creditable service, his retirement allowance shall be equal to the greater of:

1.         The service retirement allowance payable under G.S. 135‑5(b19)(1)a. reduced by one‑third of one percent (1/3 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following the month the member would have attained his 55th birthday; or

2.         The service retirement allowance as computed under G.S. 135‑5(b19)(1)a. reduced by five percent (5%) times the difference between 30 years and his creditable service at retirement.

(2)        A member who is not a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:

a.         If the member's service retirement date occurs on or after his 65th birthday upon the completion of five years of membership service or after the completion of 30 years of creditable service or on or after his 60th birthday upon the completion of 25 years of creditable service, the allowance shall be equal to one and eighty‑two hundredths percent (1.82%) of his average final compensation, multiplied by the number of years of creditable service.

b.         If the member's service retirement date occurs after his 60th birthday and before his 65th birthday and prior to his completion of 25 years or more of creditable service, his retirement allowance shall be computed as in G.S. 135‑5(b19)(2)a. but shall be reduced by one‑quarter of one percent (¼ of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following his 65th birthday.

c.         If the member's early service retirement date occurs on or after his 50th birthday and before his 60th birthday and after completion of 20 years of creditable service but prior to the completion of 30 years of creditable service, his early service retirement allowance shall be equal to the greater of:

1.         The service retirement allowance as computed under G.S. 135‑5(b19)(2)a. but reduced by the sum of five‑twelfths of one percent (5/12 of 1%) thereof for each month by which his retirement date precedes the first day of the month coincident with or next following the month the member would have attained his 60th birthday, plus one‑quarter of one percent (¼ of 1%) thereof for each month by which his 60th birthday precedes the first day of the month coincident with or next following his 65th birthday; or

2.         The service retirement allowance as computed under G.S. 135‑5(b19)(2)a. reduced by five percent (5%) times the difference between 30 years and his creditable service at retirement; or

3.         If the member's creditable service commenced prior to July 1, 1994, the service retirement allowance equal to the actuarial equivalent of the allowance payable at the age of 60 years as computed in G.S. 135‑5(b19)(2)b.

d.         Notwithstanding the foregoing provisions, any member whose creditable service commenced prior to July 1, 1963, shall not receive less than the benefit provided by G.S. 135‑5(b)."

SECTION 1.(f)  G.S. 135‑5 is amended by adding a new subsection to read:

"(b20)  Service Retirement Allowance of Members  whose current membership begins on or after January 1, 2011. – Upon retirement from service in accordance with subsection (a1) or (a2) above, a member shall receive the following service retirement allowance:

(1)        A member who is a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:

a.         If the member's service retirement date occurs on or after the member's 55th birthday and completion of 25 years of creditable service as a law enforcement officer, or after age 60 with five years of creditable service, the allowance shall be equal to one and eighty‑two hundredths percent (1.82%) of the member's average final compensation, multiplied by the number of years of the member's creditable service.

b.         If the member's service retirement date occurs on or after the member's 55th birthday and before his 60th birthday with 20 but less than 25 years of creditable service as a law enforcement officer, the retirement allowance payable shall be the actuarial equivalent of the allowance payable at age 60.

(2)        A member who is not a law enforcement officer or an eligible former law enforcement officer shall receive a service retirement allowance computed as follows:

a.         If the member's service retirement date occurs on or after the member's 65th birthday upon the completion of five years of membership service or after the member's 60th birthday upon the completion of 25 years of creditable service, the allowance shall be equal to one and eighty‑two hundredths percent (1.82%) of the member's average final compensation, multiplied by the number of years of creditable service.

b.         If the member's service retirement date occurs after the member's 60th birthday and before the member's 65th birthday and prior to the his completion of 25 years or more of creditable service, the member's retirement allowance shall be computed as in G.S. 135‑5(b20)(2)a. but shall be reduced by five percent (5%) per year or prorated by the month for each year by which the member's retirement date precedes the first day of the month coincident with or next following the member's 65th birthday.

c.         If the member's early service retirement date occurs on or after the member's 55th birthday and before the member's 60th birthday and after completion of 20 years of creditable service, the member's early service retirement allowance shall be computed as in G.S. 135‑5(b20)(2)a. but shall be the actuarial equivalent of the allowance payable at age 65."

SECTION 1.(g)  G.S. 135‑5(m) reads as rewritten:

"(m)      Survivor's Alternate Benefit. – Upon the death of a member in service, who was a member as of December 31, 2010, the principal beneficiary designated to receive a return of accumulated contributions shall have the right to elect to receive in lieu thereof the reduced retirement allowance provided by Option 2 of subsection (g) above computed by assuming that the member had retired on the first day of the month following the date of his death, provided that the following conditions apply:

(1)        a.         The member had attained such age and/or creditable service to be eligible to commence retirement with an early or service retirement allowance,

b.         The member had obtained 20 years of creditable service in which case the retirement allowance shall be computed in accordance with G.S. 135‑5(b19)(1)b. or G.S. 135‑5(b19)(2)c., notwithstanding the requirement of obtaining age 50,

b1.       The member was a law enforcement officer who had obtained 15 years of service as a law enforcement officer and was killed in the line of duty, in which case the retirement allowance shall be computed in accordance with G.S. 135‑5(b19)(1)b., notwithstanding the requirement of obtaining age 50, or

c.         The member had not commenced to receive a retirement allowance as provided under this Chapter.

(2)        The member had designated as the principal beneficiary to receive a return of his accumulated contributions one and only one person who was living at the time of his death.

(3)        The member had not instructed the Board of Trustees in writing that he did not wish the provisions of this subsection to apply.

For the purpose of this benefit, a member is considered to be in service at the date of his death if his death occurs within 180 days from the last day of his actual service. The last day of actual service shall be determined as provided in subsection (l) of this section. Upon the death of a member in service, the surviving spouse may make all purchases for creditable service as provided for under this Chapter for which the member had made application in writing prior to the date of death, provided that the date of death occurred prior to or within 60 days after notification of the cost to make the purchase. The term "in service" as used in this subsection includes a member in receipt of a benefit under the Disability Income Plan as provided in Article 6 of this Chapter.

Notwithstanding the foregoing, a member who is in receipt of Workers' Compensation during the period for which the member would have otherwise been eligible to receive short‑term benefits, as provided in G.S. 135‑105, and who dies on or after 181 days from the last day of the member's actual service but on or before the date the benefits as provided in G.S. 135‑105 would have ended, shall be considered in service at the time of the member's death for the purpose of this benefit.

For the purpose of calculating this benefit any terminal payouts made after the date of death that meet the definition of compensation shall be credited to the month prior to the month of death. These terminal payouts do not include salary or wages paid for work performed during the month of death."

SECTION 1.(h)  G.S. 135‑5 is amended by adding a new subsection to read:

"(m2)    Survivor's Alternate Benefit. – Upon the death of a member in service whose current membership began on or after January 1, 2011, the principal beneficiary designated to receive a return of accumulated contributions shall have the right to elect to receive in lieu thereof the reduced retirement allowance provided by Option 2 of subsection (g) of this section computed by assuming that the member had retired on the first day of the month following the date of the member's death, provided that the following conditions apply:

(1)       a.         The member had attained such age and/or creditable service to be eligible to commence retirement with an early or service retirement allowance.

b.         The member had not commenced to receive a retirement allowance as provided under this Chapter.

(2)        At the time of the member's death, one and only one person is eligible to receive a return of the member's contributions.

(3)        The member had not instructed the Board of Trustees in writing that the member did not wish the provisions of this subsection to apply.

For the purpose of this benefit, a member is considered to be in service at the date of the member's death if the member's death occurs within 180 days from the last day of his actual service. The last day of actual service shall be determined as provided in subdivision (1) of this subsection. Upon the death of a member in service, the surviving spouse may make all purchases for creditable service as provided for under this Chapter for which the member had made application in writing prior to the date of death, provided that the date of death occurred prior to or within 60 days after notification of the cost to make the purchase. The term "in service" as used in this subsection includes a member in receipt of a benefit under the Disability Income Plan as provided in Article 6 of this Chapter.

Notwithstanding the foregoing, a member who is in receipt of Workers' Compensation during the period for which the member would have otherwise been eligible to receive short‑term benefits, as provided in G.S. 135‑105, and who dies on or after 181 days from the last day of the member's actual service but on or before the date the benefits as provided in G.S. 135‑105 would have ended, shall be considered in service at the time of the member's death for the purpose of this benefit.

For the purpose of calculating this benefit, any terminal payouts made after the date of death that meet the definition of compensation shall be credited to the month prior to the month of death. These terminal payouts do not include salary or wages paid for work performed during the month of death."

SECTION 1.(i)  G.S. 135‑3(8)b1. reads as rewritten:

"b1.      In lieu of the benefits provided in paragraphs a and b of this subdivision, any member as of December 31, 2010, who is a law‑enforcement officer at the time of separation from service prior to the attainment of the age of 50 years, for any reason other than death or disability as provided in this Article, after completing 15 or more years of creditable service in this capacity immediately prior to separation from service, and who leaves his total accumulated contributions in this System may elect to retire on a deferred early retirement allowance upon attaining the age of 50 years or at any time thereafter; provided, that the member may commence retirement only upon electronic submission or written application to the Board of Trustees setting forth at what time, as of the first day of a calendar month, not less than one day nor more than 90 120 days subsequent to the execution and filing thereof, he desires to commence retirement. The deferred early retirement allowance shall be computed in accordance with the service retirement provisions of this Article pertaining to law‑enforcement officers."

SECTION 1.(j)  G.S. 135‑3(8)b2. reads as rewritten:

"b2.      In lieu of the benefits provided in paragraphs a and b of this subdivision, any member as of December 31, 2010, who is a law‑enforcement officer at the time of separation from service prior to the attainment of the age of 55 years, for any reason other than death or disability as provided in this Article, after completing five or more years of creditable service in this capacity immediately prior to separation from service, and who leaves his total accumulated contributions in this System may elect to retire on a deferred early retirement allowance upon attaining the age of 55 years or at any time thereafter; provided, that the member may commence retirement only upon electronic submission or written application to the Board of Trustees setting forth at what time, as of the first day of a calendar month not less than one day nor more than 90 120 days subsequent to the execution and filing thereof, he desires to commence retirement. The deferred early retirement allowance shall be computed in accordance with the service retirement provisions of this Article pertaining to law‑enforcement officers."

SECTION 1.(k)  G.S. 135‑3(8)b3. reads as rewritten:

"b3.      Vested deferred retirement allowance of members retiring on or after July 1, 1994. – In lieu of the benefits provided in paragraphs a. and b. of this subdivision, any member as of December 31, 2010, who separates from service prior to attainment of age 60 years, after completing 20 or more years of creditable service, and who leaves his total accumulated contributions in said System, may elect to retire on a deferred retirement allowance upon attaining the age of 50 years or any time thereafter; provided that such member may so retire only upon electronic submission or written application to the Board of Trustees setting forth at what time, not less than one day nor more than 90 120 days subsequent to the execution and filing thereof, he desires to be retired. Such deferred retirement allowance shall be computed in accordance with the service retirement provisions of this Article pertaining to a member who is not a law enforcement officer or an eligible former law enforcement officer."

SECTION 2.(a)  Article 2 of Chapter 126 of the General Statutes is amended by adding a new section to read:

"§ 126‑8.6. Prospective elimination of longevity pay.

(a)        Any State employee who is subject to the provisions of this Chapter and who is employed on December 31, 2010, and continuously thereafter, shall be eligible:

(1)        To receive, or as they become eligible shall begin to receive, longevity pay according to longevity pay schedules in effect on that date.

(2)        For any future increases in longevity pay according to the longevity pay schedules in effect on that date.

Any State employee who is (i) subject to the provisions of this Chapter, (ii) not employed on December 31, 2010, and (iii) hired on or after January 1, 2011, shall not be eligible to participate in the State's longevity pay program.

(b)        Any State officer, official, or employee who is exempt from the provisions of this Chapter and who is employed on December 31, 2010 and continuously thereafter, shall be eligible:

(1)        To receive, or as they become eligible shall begin to receive, longevity pay according to longevity pay schedules in effect on that date.

(2)        For any future increases in longevity pay according to the longevity pay schedules in effect on that date.

Any State officer, official, or employee who is (i) exempt from the provisions of this Chapter, (ii) not employed on December 31, 2010, and (iii) hired, appointed, or elected on or after January 1, 2011, shall not be eligible to participate in the State's longevity pay program."

SECTION 2.(b)  G.S. 126‑5 is amended by adding a new subsection to read:

"(c12)   Notwithstanding any other provision of this section, the provisions of G.S. 126‑8.6 shall apply to all exempt and nonexempt employees in the executive, legislative, and judicial branches of State government; to public school employees; to community college employees; and to employees of The University of North Carolina."

SECTION 2.(c)  G.S. 7A‑10(c) reads as rewritten:

"(c)       In lieu of merit and other increment raises paid to regular State employees, the Chief Justice and each of the Associate Justices shall receive as longevity pay in accordance with G.S. 126‑8.6 an annual amount equal to four and eight‑tenths percent (4.8%) of the annual salary set forth in the Current Operations Appropriations Act payable monthly after five years of service, nine and six‑tenths percent (9.6%) after 10 years of service, fourteen and four‑tenths percent (14.4%) after 15 years of service, nineteen and two‑tenths percent (19.2%) after 20 years of service, and twenty‑four percent (24%) after 25 years of service."Service" means service as a justice or judge of the General Court of Justice or as a member of the Utilities Commission. Service shall also mean service as a district attorney or as a clerk of superior court."

SECTION 2.(d)  G.S. 7A‑18(b) reads as rewritten:

"(b)      In lieu of merit and other increment raises paid to regular State employees, a judge of the Court of Appeals shall receive as longevity pay in accordance with G.S. 126‑8.6 an annual amount equal to four and eight‑tenths percent (4.8%) of the annual salary set forth in the Current Operations Appropriations Act payable monthly after five years of service, nine and six‑tenths percent (9.6%) after 10 years of service, fourteen and four‑tenths percent (14.4%) after 15 years of service, nineteen and two‑tenths percent (19.2%) after 20 years of service, and twenty‑four percent (24%) after 25 years of service. "Service" means service as a justice or judge of the General Court of Justice or as a member of the Utilities Commission. Service shall also mean service as a district attorney or as a clerk of superior court."

SECTION 2.(e)  G.S.7A‑39.2 reads as rewritten:

"§ 7A‑39.2.  Age and service requirements for retirement of justices of the Supreme Court and judges of the Court of Appeals.

(a)        Any justice of the Supreme Court or judge of the Court of Appeals who has attained the age of 65 years, and who has served for a total of 15 years, whether consecutive or not, on the Supreme Court, the Court of Appeals, or the superior court, or as Administrative Officer of the Courts, or in any combination of these offices, may retire from his present office and receive for life compensation equal to two thirds of the total annual compensation, including longevity,  longevity pay in accordance with G.S. 126‑8.6, but excluding any payments in the nature of reimbursement for expenses, from time to time received by the occupant or occupants of the office from which he retired.

(b)        Any justice of the Supreme Court or judge of the Court of Appeals who has attained the age of 65 years, and who has served as justice or judge, or both, in the Appellate Division for 12 consecutive years may retire and receive for life compensation equal to two thirds of the total annual compensation, including longevity, longevity pay in accordance with G.S. 126‑8.6, but excluding any payments in the nature of reimbursement for expenses, from time to time received by the occupant or occupants of the office from which he retired.

(c)        Any justice or judge of the Appellate Division, who has served for a total of 24 years, whether continuously or not, as justice of the Supreme Court, judge of the Court of Appeals, judge of the superior court, or Administrative Officer of the Courts, or in any combination of these offices, may retire, regardless of age, and receive for life compensation equal to two thirds of the total annual compensation, including longevity, longevity pay in accordance with G.S. 126‑8.6, but excluding any payments in the nature of reimbursement for expenses, from time to time received by the occupant or occupants of the office from which he retired. In determining eligibility for retirement under this subsection, time served as a district solicitor of the superior court prior to January 1, 1971, may be included, provided the person has served at least eight years as a justice, judge, or Administrative Officer of the Courts, or in any combination of these offices.

(d)        For purposes of this section, the "occupant or occupants of the office from which" the retired judge retired will be deemed to be a judge or justice of the Appellate Division holding the same office and with the same service as the retired judge had immediately prior to retirement."

SECTION 2.(f)  G.S. 7A‑44(b) reads as rewritten:

"(b)      In lieu of merit and other increment raises paid to regular State employees, a judge of the superior court, regular or special, shall receive as longevity pay in accordance with G.S. 126‑8.6 an annual amount equal to four and eight‑tenths percent (4.8%) of the annual salary set forth in the Current Operations Appropriations Act payable monthly after five years of service, nine and six‑tenths percent (9.6%) after 10 years of service, fourteen and four‑tenths percent (14.4%) after 15 years of service, nineteen and two‑tenths percent (19.2%) after 20 years of service, and twenty‑four percent (24%) after 25 years of service. "Service" means service as a justice or judge of the General Court of Justice or as a member of the Utilities Commission or as director or assistant director of the Administrative Office of the Courts. Service shall also mean service as a district attorney or as a clerk of superior court."

SECTION 2.(g)  G.S.7A‑51 reads as rewritten:

"§ 7A‑51.  Age and service requirements for retirement of judges of the  superior court and of the Administrative Officer of the Courts.

(a)        Any judge of the superior court, or Administrative Officer of the Courts, who has attained the age of sixty‑five years, and who has served for a total of fifteen years, whether consecutive or not, as a judge of the superior court, or as Administrative Officer of the Courts, or as judge of the superior court and as Administrative Officer of the Courts combined, may retire and receive for life compensation equal to two thirds of the total annual compensation, including longevity pay in accordance with G.S. 126‑8.6 and additional payment for service as senior resident superior court judge, but excluding any payments in the nature of reimbursement for expenses or subsistence allowances, from time to time received by the occupant of the office from which he retired.

(b)        Any judge of the superior court, or Administrative Officer of the Courts, who has served for twelve years, whether consecutive or not, as a judge of the superior court, or as Administrative Officer of the Courts, or as judge of the superior court and as Administrative Officer of the Courts combined may, at age sixty‑eight, retire and receive for life compensation equal to two thirds of the total annual compensation, including longevity pay in accordance with G.S. 126‑8.6 and additional payment for service as senior resident superior court judge, but excluding any payments in the nature of reimbursement for expenses or subsistence allowances, from time to time received by the occupant of the office from which he retired.

(c)        Any person who has served for a total of twenty‑four years, whether continuously or not, as a judge of the superior court, or as Administrative Officer of the Courts, or as judge of the superior court and as Administrative Officer of the Courts combined, may retire, regardless of age, and receive for life compensation equal to two thirds of the total annual compensation, including longevity pay in accordance with G.S. 126‑8.6 and additional payment for service as senior resident superior court judge, but excluding any payments in the nature of reimbursement for expenses or subsistence allowances, from time to time received by the  occupant of the office from which he retired. In determining whether a person meets the requirements of this subsection, time served as district attorney of the superior court prior to January 1, 1971, may be included, so long as the person has served at least eight years as a judge of the superior court, or as Administrative Officer of the Courts, or as judge of the superior court and Administrative Officer of the Courts combined.

(d)        Repealed by Session Laws 1971, c. 508, s. 3.

(e)        For purposes of this section, the "occupant or occupants of the office from which" the retired judge retired will be deemed to be a superior court judge holding the same office and with the same service as the retired judge had  immediately prior to retirement."

SECTION 2.(h)  G.S. 7A‑65 reads as rewritten:

"§ 7A‑65.  Compensation and allowances of district attorneys and assistant district attorneys.

(a)        The annual salary of:

(1)        District attorneys shall be as provided in the Current Operations Appropriations Act.

(2)        Full‑time assistant district attorneys shall be as provided in the Current Operations Appropriations Act.

When traveling on official business, each district attorney and assistant district attorney is entitled to reimbursement for his or her subsistence expenses to the same extent as State employees generally. When traveling on official business outside his or her county of residence, each district attorney and assistant district attorney is entitled to reimbursement for travel expenses to the same extent as State employees generally. For purposes of this subsection, the term "official business" does not include regular, daily commuting between a person's home and the district attorney's office. Travel distances, for purposes of reimbursement for mileage, shall be determined according to the travel policy of the Administrative Office of the Courts.

(b)        Repealed by Session Laws 1985, c. 689, s. 2.

(c)        In lieu of merit and other increment raises paid to regular State employees, a district attorney shall receive as longevity pay in accordance with G.S. 126‑8.6 an amount equal to four and eight‑tenths percent (4.8%) of the annual salary set forth in the Current Operations Appropriations Act payable monthly after five years of service, and nine and six‑tenths percent (9.6%) after 10 years of service, fourteen and four‑tenths percent (14.4%) after 15 years of service, nineteen and two‑tenths percent (19.2%) after 20 years of service, and twenty‑four percent (24%) after 25 years of service. Service shall mean service in the elective position of a district attorney and shall not include service as a deputy or acting district attorney. Service shall also mean service as a justice or judge of the General Court of Justice, clerk of superior court, assistant district attorney, public defender, appellate defender, or assistant public or appellate defender.

(d)        In lieu of merit and other increment raises paid to regular State employees, an assistant district attorney shall receive as longevity pay in accordance with G.S. 126‑8.6 an amount equal to four and eight‑tenths percent (4.8%) of the annual salary set forth in the Current Operations Appropriations Act payable monthly after five years of service, nine and six‑tenths percent (9.6%) after 10 years of service, fourteen and four‑tenths percent (14.4%) after 15 years of service, nineteen and two‑tenths percent (19.2%) after 20 years of service, and twenty‑four percent (24%) after 25 years of service. "Service" means service as an assistant district attorney, district attorney, resource prosecutor, public defender, appellate defender, assistant public or appellate defender, justice or judge of the General Court of Justice, or clerk of superior court. For purposes of this subsection, "resource prosecutor" means a former assistant district attorney who has left the employment of the district attorney's office to serve in a specific, time‑limited position with the Conference of District Attorneys."

SECTION 2.(i)  G.S. 7A‑101(c) reads as rewritten:

"(c)       In lieu of merit and other increment raises paid to regular State employees, a clerk of superior court shall receive as longevity pay in accordance with G.S. 126‑8.6 an amount equal to four and eight‑tenths percent (4.8%) of the clerk's annual salary payable monthly after five years of service, nine and six‑tenths percent (9.6%) after 10 years of service, fourteen and four‑tenths percent (14.4%) after 15 years of service, nineteen and two‑tenths percent (19.2%) after 20 years of service, and twenty‑four percent (24%) after 25 years of service. Service shall mean service in the elective position of clerk of superior court, as an assistant clerk of court and as a supervisor of clerks of superior court with the Administrative Office of the Courts and shall not include service as a deputy or acting clerk. Service shall also mean service as a justice, judge, or magistrate of the General Court of Justice or as a district attorney. "

SECTION 2.(j)  G.S.7A‑144(b) reads as rewritten:

"(b)      Notwithstanding merit, longevity and other increment raises paid to regular State employees, a judge of the district court shall receive as longevity pay in accordance with G.S. 126‑8.6 an annual amount equal to four and eight‑tenths percent (4.8%) of the annual salary set forth in the Current Operations Appropriations Act payable monthly after five years of service, nine and six‑tenths percent (9.6%) after 10 years of service, fourteen and four‑tenths percent (14.4%) after 15 years of service, nineteen and two‑tenths percent (19.2%) after 20 years of service, and twenty‑four percent (24%) after 25 years of service. "Service" means service as a justice or judge of the General Court of Justice or as a member of the Utilities Commission or as director or assistant director of the Administrative Office of the Courts. Service shall also mean service as a district attorney or as a clerk of superior court."

SECTION 2.(k)  G.S. 7A‑171.1(a2) reads as rewritten:

"(a2)     The Administrative Officer of the Courts shall provide magistrates with longevity pay in accordance with G.S. 126‑8.6 at the same rates as are provided by the State to its employees subject to the State Personnel Act."

SECTION 2.(l)  G.S. 7A‑341 reads as rewritten:

"§ 7A‑341.  Appointment and compensation of Director.

The Director shall be appointed by the Chief Justice of the Supreme Court, to serve at his pleasure. He shall receive the annual salary provided in the Current Operations Appropriations Act, payable monthly, and reimbursement for travel and subsistence expenses at the same rate as State employees generally and longevity pay in accordance with G.S. 126‑8.6 at the rates and for the service designated in G.S. 7A‑44(b) for a judge of the superior court. Service as Director shall be equivalent to service as a superior court judge for the purposes of entitlement to retirement pay or to retirement for disability."

SECTION 2.(m)  G.S. 7A‑342 reads as rewritten:

"§ 7A‑342.  Appointment and compensation of assistant director and other employees.

The assistant director shall also be appointed by the Chief Justice, to serve at his pleasure. The assistant director shall receive the annual salary provided in the Current Operations Appropriations Act, payable monthly, and reimbursement for travel and subsistence expenses at the same rate as State employees generally and longevity pay in accordance with G.S. 126‑8.6 at the rates and for the service designated in G.S. 7A‑144(b) for a judge of the district court.

The Director may appoint such other assistant and employees as are  necessary to enable him to perform the duties of his office."

SECTION 2.(n)  G.S. 7A‑498.6(c) reads as rewritten:

"(c)       In lieu of merit and other increment raises paid to regular State employees, the Director of Indigent Defense Services shall receive as longevity pay in accordance with G.S. 126‑8.6 an amount equal to four and eight‑tenths percent (4.8%) of the annual salary set forth in the Current Operations Appropriations Act payable monthly after five years of service, nine and six‑tenths percent (9.6%) after 10 years of service, fourteen and four‑tenths percent (14.4%) after 15 years of service, nineteen and two‑tenths percent (19.2%) after 20 years of service, and twenty‑four percent (24%) after 25 years of service. "Service" means service as Director of Indigent Defense Services, a public defender, appellate defender, assistant public or appellate defender, district attorney, assistant district attorney, justice or judge of the General Court of Justice, or clerk of superior court."

SECTION 2.(o)  G.S. 7A‑498.7(c) reads as rewritten:

"(c)       A public defender shall be an attorney licensed to practice law in North Carolina and shall devote full time to the duties of the office. In lieu of merit and other increment raises paid to regular State employees, a public defender shall receive as longevity pay in accordance with G.S. 126‑8.6 an amount equal to four and eight‑tenths percent (4.8%) of the annual salary set forth in the Current Operations Appropriations Act payable monthly after five years of service, nine and six‑tenths percent (9.6%) after 10 years of service, fourteen and four‑tenths percent (14.4%) after 15 years of service, nineteen and two‑tenths percent (19.2%) after 20 years of service, and twenty‑four percent (24%) after 25 years of service. "Service" means service as a public defender, appellate defender, assistant public or appellate defender, district attorney, assistant district attorney, justice or judge of the General Court of Justice, or clerk of superior court."

SECTION 2.(p)  G.S.  7A‑751 reads as rewritten:

"§ 7A‑751.  Agency head; powers and duties; salaries of Chief Administrative Law Judge and other administrative law judges.

(a)        The head of the Office of Administrative Hearings is the Chief Administrative Law Judge, who shall serve as Director of the Office. The Chief Administrative Law Judge has the powers and duties conferred on that position by this Chapter and the Constitution and laws of this State and may adopt rules to implement the conferred powers and duties.

The salary of the Chief Administrative Law Judge shall be the same as that fixed from time to time for district court judges. The salary of a Senior Administrative Law Judge shall be ninety‑five percent (95%) of the salary of the Chief Administrative Law Judge.

In lieu of merit and other increment raises, the Chief Administrative Law Judge and any Senior Administrative Law Judge shall receive longevity pay in accordance with G.S. 126‑8.6 on the same basis as is provided to employees of the State who are subject to the State Personnel Act.

(b)        The salary of other administrative law judges shall be ninety percent (90%) of the salary of the Chief Administrative Law Judge."

In lieu of merit and other increment raises, an administrative law judge shall receive longevity pay in accordance with G.S. 126‑8.6 on the same basis as is provided to employees who are subject to the State Personnel Act."

SECTION 2.(q)  G.S. 58‑2‑10 reads as rewritten:

"§ 58‑2‑10.  Salary of Commissioner.

The salary of the Commissioner shall be set by the General Assembly in the Current Operations Appropriations Act. In addition to the salary set by the General Assembly in the Current Operations Appropriations Act, longevity pay in accordance with G.S. 126‑8.6 shall be paid on the same basis as is provided to employees of the State who are subject to the State Personnel Act."

SECTION 2.(r)  G.S. 62‑10(h) reads as rewritten:

"(h)       The salary of each commissioner and that of the commissioner designated as chairman shall be set by the General Assembly in the Current Operations Appropriations Act. In lieu of merit and other increment raises paid to regular State employees, each commissioner, including the commissioner designated as chairman, shall receive as longevity pay in accordance with G.S. 126‑8.6 an amount equal to four and eight‑tenths percent (4.8%) of the annual salary set forth in the Current Operations Appropriations Act payable monthly after five years of service, and nine and six‑tenths percent (9.6%) after 10 years of service. "Service" means service as a member of the Utilities Commission."

SECTION 2.(s)  G.S. 62‑15(a) reads as rewritten:

"(a)       There is established in the Commission the office of executive director, whose salary and longevity pay in accordance with G.S. 126‑8.6 shall be the same as that fixed for members of the Commission. "Service" for purposes of longevity pay means service as executive director of the public staff. The executive director shall be appointed by the Governor subject to confirmation by the General Assembly by joint resolution. The name of the executive director appointed by the Governor shall be submitted to the General Assembly on or before May 1 of the year in which the term of his office begins. The term of office for the executive director shall be six years, and the initial term shall begin July 1, 1977. The executive director may be removed from office by the Governor in the event of his incapacity to serve; and the executive director shall be removed from office by the Governor upon the affirmative recommendation of a majority of the Commission, after consultation with the Joint Legislative Utility Review Committee of the General Assembly. In case of a vacancy in the office of executive director for any reason prior to the expiration of his term of office, the name of his successor shall be submitted by the Governor to the General Assembly, not later than four weeks after the vacancy arises. If a vacancy arises in the office when the General Assembly is not in session, the executive director shall be appointed by the Governor to serve on an interim basis pending confirmation by the General Assembly."

SECTION 2.(t)  G.S. 95‑2 reads as rewritten:

"§ 95‑2.  Election of Commissioner; term; salary; vacancy.

The Commissioner of Labor shall be elected by the people in the same manner as is provided for the election of the Secretary of State. The term of office of the Commissioner of Labor shall be four years, and the salary of the Commissioner of Labor shall be set by the General Assembly in the Current Operations Appropriations Act. Any vacancy in the office shall be filled by the Governor, until the next general election. The office of the Department of Labor shall be kept in the City of Raleigh and shall be provided for as are other public offices of the State. In addition to the salary set by the General Assembly in the Current Operations Appropriations Act, longevity pay in accordance with G.S. 126‑8.6 shall be paid on the same basis as is provided to employees of the State who are subject to the State Personnel Act."

SECTION 2.(u)  G.S. 97‑78(b4) reads as rewritten:

"(b4)    In lieu of merit and other incremental raises, the administrator, executive secretary, chief deputy commissioner, and deputy commissioners shall receive longevity pay in accordance with G.S. 126‑8.6 on the same basis as is provided to other employees subject to the State Personnel Act."

SECTION 2.(v)  G.S. 106‑11 reads as rewritten:

"§ 106‑11.  Salary of Commissioner of Agriculture.

The salary of the Commissioner of Agriculture shall be set by the General Assembly in the Current Operations Appropriations Act. In addition to the salary set by the General Assembly in the Current Operations Appropriations Act, longevity pay in accordance with G.S. 126‑8.6 shall be paid on the same basis as is provided to employees of the State who are subject to the State Personnel Act."

SECTION 2.(w)  G.S. 114‑7 reads as rewritten:

"§ 114‑7.  Salary of the Attorney General.

The salary of the Attorney General shall be set by the General Assembly in the Current Operations Appropriations Act. In addition to the salary set by the General Assembly in the Current Operations Appropriations Act, longevity pay in accordance with G.S. 126‑8.6 shall be paid on the same basis as is provided to employees of the State who are subject to the State Personnel Act."

SECTION 2.(x)  G.S. 115C‑20 reads as rewritten:

"§ 115C‑20.  Office and salary.

The Superintendent of Public Instruction shall keep his office in the Education Building in Raleigh, and his salary shall be set by the General Assembly in the Current Operations Appropriations Act. In addition to the salary set by the General Assembly in the Current Operations Appropriations Act, longevity pay in accordance with G.S. 126‑8.6 shall be paid on the same basis as is provided to employees of the State who are subject to the State Personnel Act."

SECTION 2.(y)  G.S. 115C‑302.1(e) reads as rewritten:

"(e)       Teachers in Year‑Round Schools. – Compensation for teachers employed in year‑round schools shall be the same as teachers paid for a 10‑month term, but those days may be scheduled over 12 calendar months. Annual leave, sick leave, workdays, holidays, salary, and longevity pay in accordance with G.S. 126‑8.6 for teachers who are employed at year‑round schools shall be equivalent to those of other teachers employed for the same number of months, respectively. Teachers paid for a term of 10 months in year‑round schools shall receive their salary in 12 equal installments."

SECTION 2.(z)  G.S. 115C‑302.1(i) reads as rewritten:

"(i)        Longevity Pay. – Longevity pay in accordance with G.S. 126‑8.6 shall be based on the annual salary on the employee's anniversary date."

SECTION 2.(aa)  G.S. 115C‑316(c) reads as rewritten:

"(c)       Longevity pay in accordance with G.S. 126‑8.6 for 10‑month employees is based on their annual salary and the longevity percentage may not be reduced by prorating the longevity pay for 10‑month employees over a 12‑month period."

SECTION 2.(bb)  G.S. 126‑7(b1) reads as rewritten:

"(b1)    The Comprehensive Compensation System shall consist of the following components: (i) the career growth recognition award, (ii) the cost‑of‑living adjustment, and (iii) the performance bonus. The career growth recognition award shall be the primary method by which an employee progresses through his or her salary range and shall be awarded annually to employees who qualify for the award. An employee may receive, within a 12‑month period, the career growth recognition award, the cost‑of‑living adjustment, and the performance bonus, if the employee's job performance equals or exceeds the level of performance set forth in subdivisions (4), (4a), and (4b) of subsection (c) of this section. No employee shall be eligible to receive during a 12‑month period a performance bonus greater than the maximum amount or less than the minimum amount established by the Commission. Nothing in this section shall affect the system of longevity payments established by the Commission. pursuant to G.S. 126‑8.6."

SECTION 2.(cc)  G.S. 138‑4 reads as rewritten:

"§ 138‑4.  Governor to set salaries of administrative officers; exceptions; longevity pay.

The salaries of all State administrative officers not subject to the State Personnel Act shall be set by the Governor, unless a law provides otherwise.

Whenever by law it is provided that a salary shall be fixed or set by the General Assembly in the Current Operations Appropriations Act, and that office or position is filled by appointment of the Governor, or the appointment is subject to the approval of the Governor, or is made by a commission a majority of whose members are appointed by the Governor, then the Governor may, increase or decrease the salary of a new appointee by a maximum of ten percent (10%) over or under the salary of that position as provided in the Current Operations Appropriations Act, such increased or decreased salary to remain in effect until changed by the General Assembly or until the end of the fiscal year, whichever occurs first. The Governor under this paragraph may not increase the salary of any nonelected official above the level set in the Current Operations Appropriations Act for any member of the Council of State. This section does not apply to any office filled by election by the people, and does not apply to any office in the legislative or judicial branches.

Officials whose salaries are covered by the provisions of this section shall be eligible for longevity pay in accordance with G.S. 126‑8.6 on the same basis as is provided to employees of the State who are subject to the State Personnel Act."

SECTION 2.(dd)  G.S. 143C‑6‑6(b) reads as rewritten:

"(b)      Payments on behalf of employees for hospital‑medical insurance, longevity payments in accordance with G.S. 126‑8.6, salary increments, and legislative salary increases, required employer salary‑related contributions for retirement benefits, death benefits, the Disability Income Plan and social security for employees shall be paid from the General Fund or the Highway Fund, only to the extent of the proportionate part paid from the General Fund or Highway Fund, in support of the salary of the employee, and the remainder of the employer's contribution requirements shall be paid from the same source that supplies the remainder of the employee's salary."

SECTION 2.(ee)  G.S. 147‑33 reads as rewritten:

"§ 147‑33.  Compensation and expenses of Lieutenant Governor.

The salary of the Lieutenant Governor shall be set by the General Assembly in the Current Operations Appropriations Act. In addition to this salary, the Lieutenant Governor shall be paid an annual expense allowance in the sum of eleven thousand five hundred dollars ($11,500). In addition to the salary set by the General Assembly in the Current Operations Appropriations Act, longevity pay in accordance with G.S. 126‑8.6 shall be paid on the same basis as is provided to employees of the State who are subject to the State Personnel Act."

SECTION 2.(ff)  G.S. 147‑33.76(c) reads as rewritten:

"(c)       The salary of the State Chief Information Officer shall be set by the General Assembly in the Current Operations Appropriations Act. The State Chief Information Officer shall receive longevity pay in accordance with G.S. 126‑8.6 on the same basis as is provided to employees of the State who are subject to the State Personnel Act."

SECTION 2.(gg)  G.S. 147‑35 reads as rewritten:

"§ 147‑35.  Salary of Secretary of State.

The salary of the Secretary of State shall be set by the General Assembly in the Current Operations Appropriations Act. In addition to the salary set by the General Assembly in the Current Operations Appropriations Act, longevity pay in accordance with G.S. 126‑8.6 shall be paid on the same basis as is provided to employees of the State who are subject to the State Personnel Act."

SECTION 2.(hh)  G.S. 147‑64.1(b) reads as rewritten:

"(b)      In addition to the salary set by the General Assembly in the Current Operations Appropriations Act, longevity pay in accordance with G.S. 126‑8.6 shall be paid on the same basis as is provided to employees of the State who are subject to the State Personnel Act."

SECTION 2.(ii)  G.S. 147‑65 reads as rewritten:

"§ 147‑65.  Salary of State Treasurer.

The salary of the State Treasurer shall be as established in the Current Operations Appropriations Act. In addition to the salary set by the General Assembly in the Current Operations Appropriations Act, longevity pay in accordance with G.S. 126‑8.6 shall be paid on the same basis as is provided to employees of the State who are subject to the State Personnel Act."

SECTION 3.(a)  G.S. 135‑45.2(a) and (b) read as rewritten:

"§ 135‑45.2.  Eligibility.

(a)        Noncontributory Coverage. – The following persons are eligible for coverage under the Plan, on a noncontributory basis, subject to the provisions of G.S. 135‑45.4: G.S. 135‑45.4 and provided that they are not eligible for coverage under subdivision (b)(3) of this section:

(1)        All permanent full‑time employees of an employing unit who meet the following conditions:

a.         Paid from general or special State funds, or

b.         Paid from non‑State funds and in a group for which his or her employing unit has agreed to provide coverage.

Employees of State agencies, departments, institutions, boards, and commissions not otherwise covered by the Plan who are employed in permanent job positions on a recurring basis and who work 30 or more hours per week for nine or more months per calendar year are covered by the provisions of this subdivision.

(2)        Permanent hourly employees as defined in G.S. 126‑5(c4) who work at least one‑half of the workdays of each pay period.

(3)        Retired teachers, State employees, members of the General Assembly, and retired State law enforcement officers who retired under the Law Enforcement Officers' Retirement System prior to January 1, 1985. Except as otherwise provided in this subdivision, on and after January 1, 1988, a retiring employee or retiree must have completed at least five years of contributory retirement service with an employing unit prior to retirement from any State‑supported retirement system in order to be eligible for group benefits under this Part as a retired employee or retiree. For employees first hired on and after October 1, 2006, and members of the General Assembly first taking office on and after February 1, 2007, future coverage as retired employees and retired members of the General Assembly is subject to a requirement that the future retiree have 20 or more years of retirement service credit in order to be covered by the provisions of this subdivision.

(4)        Surviving spouses of:

a.         Deceased retired employees, provided the death of the former plan member occurred prior to October 1, 1986; and

b.         Deceased teachers, State employees, and members of the General Assembly who are receiving a survivor's alternate benefit under any of the State‑supported retirement programs, provided the death of the former plan member occurred prior to October 1, 1986.

(5)        Employees of the General Assembly, not otherwise covered by this section, as determined by the Legislative Services Commission, except for legislative interns and pages.

(6)        Members of the General Assembly.

(7)        Notwithstanding the provisions of subsection (e) of this section, employees on official leave of absence while completing a full‑time program in school administration in an approved program as a Principal Fellow in accordance with Article 5C of Chapter 116 of the General Statutes.

(8)        Notwithstanding the provisions of G.S. G.S. 135‑45.12 G.S. 135‑45.12, employees formerly covered by the provisions of this section, other than retired employees, who have been employed for 12 or more months by an employing unit and whose jobs are eliminated because of a reduction, in total or in part, in the funds used to support the job or its responsibilities, provided the employees were covered by the Plan at the time of separation from service resulting from a job elimination. Employees covered by this subsection shall be covered for a period of up to 12 months following a separation from service because of a job elimination.

(9)        Any member enrolled pursuant to subdivision (1) or (2) of this subsection who is on approved leave of absence with pay or receiving workers' compensation.

(10)      Employees on approved Family and Medical Leave.

(b)        Partially Contributory. – The following persons are eligible for coverage under the Plan on a partially contributory basis subject to the provisions of G.S. 135‑45.4:

(1)        A school employee in a job‑sharing position as defined in G.S. 135‑45.4. described under G.S. 115C‑326.5. If these employees elect to participate in the Plan, the employing unit shall pay fifty percent (50%) of the Plan's total noncontributory premiums. Individual employees shall pay the balance of the total noncontributory premiums not paid by the employing unit.

(2)        Subject to the provisions of G.S. 135‑45.4, employees Employees and members of the General Assembly with 10 but less than 20 years of retirement service credit provided the employees were first hired on or after October 1, 2006, and the members first took office on or after February 1, 2007. For such future retirees, the State shall pay fifty percent (50%) of the Plan's total noncontributory premiums. Individual retirees shall pay the balance of the total noncontributory premiums not paid by the State.

(3)        The following persons hired or taking office on or after January 1, 2011, are eligible for coverage under the Plan, on a partially contributory basis:

a.         All permanent full‑time employees of an employing unit who meet the following conditions:

1.         Paid from general or special State funds, or

2.         Paid from non‑State funds and in a group for which his or her employing unit has agreed to provide coverage.

Employees of State agencies, departments, institutions, boards, and commissions not otherwise covered by the Plan who are employed in permanent job positions on a recurring basis and who work 30 or more hours per week for nine or more months per calendar year are covered by the provisions of this subdivision.

b.         Permanent hourly employees who work at least one‑half of the workdays of each pay period.

c.         Employees of the General Assembly, not otherwise covered by this section, as determined by the Legislative Services Commission, except for legislative interns and pages.

d.         Members of the General Assembly.

e.         Notwithstanding the provisions of subsection (e) of this section, employees on official leave of absence while completing a full‑time program in school administration in an approved program as a Principal Fellow in accordance with Article 5C of Chapter 116 of the General Statutes.

f.          Notwithstanding the provisions of G.S. 135‑45.12, employees formerly covered by the provisions of this section, other than retired employees, who have been employed for 12 or more months by an employing unit and whose jobs are eliminated because of a reduction, in total or in part, in the funds used to support the job or its responsibilities, provided the employees were covered by the Plan at the time of separation from service resulting from a job elimination. Employees covered by this subsection shall be covered for a period of up to 12 months following a separation from service because of a job elimination.

g.         Any member enrolled pursuant to sub‑subdivision a. or b. of this subdivision who is on approved leave of absence with pay or receiving workers' compensation.

h.         Employees on approved Family and Medical Leave.

The amount of the contribution required by this subdivision shall be set periodically by the General Assembly."

SECTION 3.(b)  Persons covered under G.S. 135‑45.2(b)(3), as enacted by this section, shall contribute to their health benefit coverage under the State Health Plan for Teachers and State Employees by paying a premium of ten dollars ($10.00) per month until otherwise prescribed by an act of the General Assembly.

SECTION 4.(a)  G.S. 135‑1(11b) reads as rewritten:

"(1b)    "Law‑Enforcement Officer" Officer," as the term applies to persons whose current membership began on or before December 31, 2010, means a full‑time paid employee of an employer who is actively serving in a position with assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the State of North Carolina or serving civil processes, and who possesses the power of arrest by virtue of an oath administered under the authority of the State. As it applies to persons whose current membership began on or after January 1, 2011, the term "law enforcement officer" means a full‑time paid employee of the State Bureau of Investigation, the State Highway Patrol, or the Alcohol Law Enforcement Division who is actively serving in a position with assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the State of North Carolina or serving civil processes, and who possesses the power of arrest by virtue of an oath administered under the authority of the State."

SECTION 4.(b)  G.S. 143‑166.30(a)(4) reads as rewritten:

"(4)      "Law‑enforcement officer" officer," as the term applies to persons whose current membership began on or before December 31, 2010, means a full‑time paid employee of an employer who is actively serving in a position with assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the State or serving civil processes, and who possesses the power of arrest by virtue of an oath administered under the authority of the State. As it applies to persons whose current membership began on or after January 1, 2011, the term "law enforcement officer" means a full‑time paid employee of the State Bureau of Investigation, the State Highway Patrol, or the Alcohol Law Enforcement Division who is actively serving in a position with assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the State or serving civil processes, and who possesses the power of arrest by virtue of an oath administered under the authority of the State."

SECTION 4.(c)  G.S. 143‑166.30(e) reads as rewritten:

"(e)       State Contributions to the Supplemental Retirement Income Plan. – Under all other restrictions as are herein provided, the State shall contribute monthly to the individual accounts of participants who are employed by the State State Bureau of Investigation, the State Highway Patrol, or the Alcohol Law Enforcement Division an amount equal to five percent (5%) of the compensation of each participant. The contributions so paid shall be in addition to the contributions on account of court cost assessments as hereinafter provided.

Contributions shall be made to the individual accounts of all participants in the Plan on a per capita basis in equal shares, equal to the sum of the one‑half dollar ($0.50) for each cost of court assessed and collected under G.S. 7A‑304."

SECTION 5.  This act becomes effective January 1, 2011, and applies to persons hired on or after that date.