A BILL TO BE ENTITLED
AN ACT allowing law enforcement officers to receive retirement benefits and subsequently return to service.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  G.S. 128‑24 is amended by adding a new subdivision to read:
"(5b)	Notwithstanding sub‑subdivisions c. and d. of subdivision (5) to the contrary, a beneficiary who retired on an early or service retirement as a law enforcement officer, or as a justice officer as defined in G.S. 17E‑2, shall continue to be paid their retirement allowance without restriction if the beneficiary is subsequently employed as a law enforcement officer or justice officer as long as any employment follows a break in service of not less than one month and the employer pays into this Retirement System an amount equal to both the members' and employers' contributions required by law for the duration of the employment. For the purposes of this subdivision, "employed" and "employment" shall mean restoration to service as an employee, regularly employed, or employment or being engaged to perform services on a part‑time, full‑time, temporary, interim, or fee for service basis. Service by a beneficiary under this subdivision shall not count as membership service or increase the beneficiary's retirement benefits under this Retirement System."
SECTION 1.(b)  G.S. 135‑3 is amended by adding a new subdivision to read:
"(8b)	Notwithstanding sub‑subdivisions c. and d. of subdivision (8) to the contrary, a beneficiary who retired on an early or service retirement as a law enforcement officer shall continue to be paid their retirement allowance without restriction if the beneficiary is subsequently employed as a law enforcement officer, as long as any employment follows a break in service of not less than six months and the employer pays into this Retirement System an amount equal to both the members' and employers' contributions required by law for the duration of the employment. For the purposes of this subdivision, "employed" and "employment" shall mean restoration to service as an employee, regularly employed, or employment or being engaged to perform services on a part‑time, full‑time, temporary, interim, or fee for service basis. Service by a beneficiary under this subdivision shall not count as membership service or increase the beneficiary's retirement benefits under this Retirement System."
SECTION 1.(c)  G.S. 143‑166.41(c) reads as rewritten:
"(c)	Payment to a retired officer under the provisions of this section shall cease at the first of:
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(3)	The first day of reemployment by any State department, agency, or institution, except that this subdivision does not apply to an officer returning to State employment in a public safety position or in a position exempt from the North Carolina Human Resources Act in an agency other than the agency from which that officer retired. For the purposes of this subdivision "public safety position" means a position as a law enforcement officer, as defined in G.S. 135‑1 or G.S. 143‑166.30, but does not include a position as a probation or parole officer, as defined in G.S. 135‑1."
SECTION 1.(d)  G.S. 143‑166.42(c1) reads as rewritten:
"(c1)	Notwithstanding the provisions of subdivision (3) of subsection (c) of this section, payments to a retired officer shall not cease when a local government employer employs a retired officer for any of the following:
(1)	In a public safety position. For the purposes of this subdivision "public safety position" means a position as a law enforcement officer, as defined in G.S. 128‑21 or G.S. 143‑166.50, or a position as a justice officer, as defined in G.S. 17E‑2.
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SECTION 1.(e)  G.S. 143‑166.85 reads as rewritten:
"§ 143‑166.85.  Benefits.
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(d)	
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SECTION 2.(a)  Effective Date and Applicability. – This act is effective when it becomes law and does not confer an entitlement to retroactive payment of Special Separation Allowance payments, Sheriffs' Supplemental Pension Fund payments, or retirement allowance payments that were suspended on account of reemployment prior to the effective date of this act.
SECTION 2.(b)  Sunset. – G.S. 128‑24, 135‑3, 143‑166.41(c), 143‑166.42(c1), and 143‑166.85, as enacted by Section 1 of this act, shall expire four years from the date this act becomes law.