GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 786

Short Title:  Firefighter Classifications.	(Public)

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Sponsors: Representatives Cummings, Russell; Adams, Barbee, Beall, Black, Blue, Boyd-McIntyre, Braswell, J. Brown, Buchanan, Cansler, Clary, Cocklereece, Culp, Cunningham, Davis, Decker, Earle, Fitch, Gardner, Hensley, H. Hunter, Hurley, Justus, Kiser, Lee, Linney, Locke, Luebke, McAllister, McComas, McCrary, McMahan, K. Miller, Miner, Oldham, Pate, Preston, Pulley, Redwine, Reynolds, Richardson, Robinson, Rogers, Russell, Sexton, Sharpe, Shaw, Sherrill, Shubert, Snowden, Sutton, Wainwright, Warner, Weatherly, G. Wilson, Womble, Wright, and Yongue.

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Referred to:  Pensions and Retirement.

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April 10, 1995

A BILL TO BE ENTITLED
AN ACT TO DEFINE A PROFESSIONAL FIREFIGHTER'S EMPLOYEE RETIREMENT CLASSIFICATION AND BENEFIT ACCRUAL RATE FOR MEMBERS AND BENEFICIARIES OF THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 128-21 is amended by adding a new subdivision to read:
"(17a)	'Professional firefighter' means an individual (i) who is a full-time, paid employee of a fire department certified by the North Carolina Department of Insurance, and (ii) who is actively serving in a position with assigned primary duties and responsibilities for the prevention, detection, and suppression of fire."
Sec. 2.  G.S. 128-27 is amended by adding a new subsection to read:
"( b15)	Service Retirement Allowance of Professional Firefighters Retiring on or After July 1, 1995. – Upon retirement from service, in accordance with subsection (a) of this section, on or after July 1, 1995, a member who is a professional firefighter or an eligible former professional firefighter shall receive a service retirement allowance computed in the following manner:
(1)	If the member's service retirement date occurs as a professional firefighter, and after the completion of 25 years of creditable professional fire-fighter service, the allowance shall be equal to two and one-half percent (2.5%) of his average final compensation, multiplied by the number of years of his creditable service.
(2)	In lieu of the benefits provided in subdivision (1) of this subsection, any member who separates from service prior to the attainment of the age of 60 years, for any reason other than death or retirement for disability as provided in this Article, after completing 15 or more years of creditable service, and who leaves his total accumulated contributions in said System, may elect to retire on an early retirement allowance upon attaining the age of 50 years or at any time thereafter; provided, that such member may so retire only upon written application to the Board of Trustees setting forth at what time, not less than one day nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired.  Such early retirement allowance so elected shall be equal to the deferred retirement allowance otherwise payable at the attainment of the age of 60 years reduced by the percentage thereof indicated below.
Age at	Percentage
Retirement	Reduction
59	4
58	8
57	12
56	16
55	20
54	24
53	28
52	32
51	36
50	40
(3)	If the member's service retirement date occurs as a professional firefighter and upon the completion of 25 years of creditable service but not all of which occurred as a professional firefighter, the member shall be eligible to retire as a professional firefighter under this section, but his retirement allowance shall be computed in subdivision (1) of this subsection only for the years of creditable service as a professional firefighter.
(4)	If a member's service retirement date occurs upon the completion of 25 years of creditable service but does not occur as a professional firefighter, the member shall not be eligible to retire as a professional firefighter under this subsection.
		The member's retirement allowance pertaining to the service as a professional firefighter nevertheless shall be equal to two and one-half percent (2.5%) of the member's average final compensation multiplied by the number of his years of creditable service.
(5)	In lieu of the benefits provided in subdivisions (1) through (4) of this subsection, any member who is a professional firefighter 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 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 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 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 professional firefighters.
(6)	In lieu of the benefits provided in subdivisions (1) through (4) of this subsection, any member who is a professional firefighter 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 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 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 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 professional firefighters."
Sec. 3.  This act is effective upon ratification.