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 apply felony forfeiture provisions to the national guard pension fund and to the disability income plan of north carolina, AND to make other amendments to the felony forfeiture statutes.
The General Assembly of North Carolina enacts:

PART I. FELONY FORFEITURE clarification
SECTION 1.(a)  G.S. 135‑18.10A(b) is repealed.
SECTION 1.(b)  G.S. 128‑38.4A(b) is repealed.
SECTION 1.(c)  G.S. 135‑75.1A(b) is repealed.
SECTION 1.(d)  G.S. 120‑4.33A(b) is repealed.
SECTION 1.(e)  Article 3 of Chapter 127A of the General Statutes is amended by adding a new section to read:
"§ 127A‑40.1  Forfeiture of benefits for certain felonies.
A member of the North Carolina National Guard who is otherwise eligible to receive a monthly pension under this Article shall cease to be eligible upon forfeiture of any retirement benefits under G.S. 120‑4.33, 120‑4.33A, 128‑38.4, 128‑38.4A, 135‑18.10, 135‑18.10A, 135‑75.1, 135‑75.1A, or 135‑75.1C. Monthly pensions payable under this Article shall cease upon the ineligibility of a member under this section."
SECTION 1.(f)  G.S. 135‑103 is amended by adding a new subsection to read:
"(c)	A participant or beneficiary who is otherwise eligible to receive a benefit under this Article shall cease to be eligible upon forfeiture of any retirement benefits under G.S. 120‑4.33, 120‑4.33A, 128‑38.4, 128‑38.4A, 135‑18.10, 135‑18.10A, 135‑75.1, 135‑75.1A, or 135‑75.1C."
SECTION 1.(g)  Article 6 of Chapter 135 of the General Statutes is amended by adding a new section to read:
"§ 135‑115.  Benefit cessation for certain felonies.
Monthly benefits payable under this Article shall cease upon the ineligibility of a participant or beneficiary under G.S. 135‑103(c)."
SECTION 1.(h)  Subsections (e), (f), and (g) of this section are effective when it becomes law and apply to any applicable retirement benefits forfeiture occurring on or after that date.

PART Ii. FORFEITURE OF RETIREMENT BENEFITS/JUDGES
SECTION 2.(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)	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 any of 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.
(2)	The justice or judge of the General Court of Justice is removed from office under G.S. 7A‑376(b) for reasons other than physical or mental incapacity.
(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 were forfeited under this section, except for the return of member contributions plus interest, has vested in this System on or before January 1, 2020, then that member is not entitled to any creditable service that accrued after January 1, 2020.
(c)	If a justice or judge of the General Court of Justice or former justice or judge of the General Court of Justice whose benefits were forfeited under this section, except for the return of member contributions plus interest, subsequently has the conviction on impeachment or removal from office under G.S. 7A‑376(b) 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 2.(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 this Article is prohibited from subsequently purchasing or repurchasing either those forfeited benefits or any creditable membership service associated with those forfeited benefits."
SECTION 2.(c)  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, except for a return of member contributions plus interest as provided in G.S. 135‑75.1C, and is disqualified from holding further judicial office."
SECTION 2.(d)  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 2.(e)  This section becomes effective January 1, 2020, and applies to offenses committed on or after that date.

part III. Effective date
SECTION 3.  Except as otherwise provided, this act is effective when it becomes law.