North Carolina 2025-2026 Regular Session

North Carolina House Bill H477 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 3
3+H 2
44 HOUSE BILL 477
55 Committee Substitute Favorable 4/9/25
6-Committee Substitute #2 Favorable 4/15/25
76
87 Short Title: Retirement Death Benefits Rewrite.-AB (Public)
98 Sponsors:
109 Referred to:
1110 March 24, 2025
12-*H477 -v-3*
11+*H477 -v-2*
1312 A BILL TO BE ENTITLED 1
1413 AN ACT TO RECODIFY AND STANDARDIZE THE LAWS RELATING TO THE DEATH 2
1514 BENEFIT PLAN, INCLUD ING BY MAKING TECHNI CAL, CLARIFYING, AND 3
1615 CONFORMING CHANGES, UNDER THE TEACHERS' AND STATE EMPLOYEES' 4
1716 RETIREMENT SYSTEM, T HE LOCAL GOVERNMENTA L EMPLOYEES' 5
1817 RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, 6
1918 AND THE LEGISLATIVE RETIREMENT SYSTEM, TO MAKE CHANGES TO TH E 7
2019 SURVIVOR'S ALTERNATE BENEFIT UNDER THOSE RETIREMENT SYSTEMS, 8
2120 AND TO ENSURE SUFFICIENT FUNDING FOR LINE OF DUTY DEATH BENEFITS. 9
2221 The General Assembly of North Carolina enacts: 10
2322 11
2423 PART I. TECHNICAL RE CODIFICATION AND STA NDARDIZATION OF THE 12
2524 DEATH BENEFIT PLAN F OR MEMBERS OF THE TE ACHERS' AND STATE 13
2625 EMPLOYEES' RETIREMEN T SYSTEM 14
2726 SECTION 1.(a) Chapter 135 of the General Statutes is amended to add a new Article 15
2827 8 to be entitled "Death Benefit Plan for State Employees and Retirees" that consists of the 16
2928 following new sections: 17
3029 (1) G.S. 135-153. 18
3130 (2) G.S. 135-154. 19
3231 (3) G.S. 135-155. 20
3332 (4) G.S. 135-160. 21
3433 (5) G.S. 135-165. 22
3534 (6) G.S. 135-170. 23
3635 (7) G.S. 135-175. 24
3736 (8) G.S. 135-180. 25
3837 (9) G.S. 135-185. 26
3938 (10) G.S. 135-190. 27
4039 (11) G.S. 135-195. 28
4140 (12) G.S. 135-200. 29
4241 SECTION 1.(b) The first and second sentence of G.S. 135-7(g)(2) are recodified as 30
4342 the first and third sentence of subsection (a) of G.S. 135-154. 31
4443 SECTION 1.(c) The first sentence of the lead-in language in subsection 135-7(g) is 32
4544 recodified as the second sentence of subsection (a) of G.S. 135-154. 33
4645 SECTION 1.(d) The third sentence of G.S. 135-7(g)(2) is recodified as subsection 34
4746 (b) of G.S. 135-154. 35 General Assembly Of North Carolina Session 2025
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4948 SECTION 1.(e) The fourth, fifth, and sixth sentences of G.S. 135-7(g)(2) are 1
5049 recodified as the first three sentences of subsection (c) of G.S. 135-154. 2
5150 SECTION 1.(f) The third sentence of G.S. 135-7(g)(3) is recodified as the fourth 3
5251 sentence of subsection (c) of G.S. 135-154. 4
5352 SECTION 1.(g) The first sentence of G.S.135-7(g)(3) is recodified as subsection (d) 5
5453 of G.S. 135-154. 6
5554 SECTION 1.(h) The caption and the first sentence of the first paragraph of 7
5655 G.S. 135-5(l) are recodified as subsection (a) of G.S. 135-155. 8
5756 SECTION 1.(i) The second, third, and fourth sentences of the first paragraph of 9
5857 G.S. 135-5(l) are recodified as subsection (b) of G.S. 135-155. 10
5958 SECTION 1.(j) The seventh paragraph of G.S. 135-5(l) is recodified as subsection 11
6059 (a) of G.S. 135-160. 12
6160 SECTION 1.(j1) G.S. 135-6(e1) is recodified as subsection (b) of G.S. 135-160. 13
6261 SECTION 1.(k) The first sentence of the second paragraph of G.S. 135-5(l) is 14
6362 recodified as subsection (b) of G.S. 135-165. 15
6463 SECTION 1.(l) The second sentence of the second paragraph of G.S. 135-5(l) is 16
6564 recodified as subsection (c) of G.S. 135-165. 17
6665 SECTION 1.(m) The fourth sentence of the second paragraph of G.S. 135-5(l) is 18
6766 recodified as subsection (d) of G.S. 135-165. 19
6867 SECTION 1.(n) Sub-subdivision a. of subdivision (2) of the sixth paragraph of 20
6968 G.S. 135-5(l) is recodified as subdivision (3) of G.S. 135-170. 21
7069 SECTION 1.(o) Sub-subdivision b. of subdivision (2) of the sixth paragraph of 22
7170 G.S. 135-5(l) is recodified as subdivision (1) of G.S. 135-170. 23
7271 SECTION 1.(p) Sub-subdivision c. of subdivision (2) of the sixth paragraph of 24
7372 G.S. 135-5(l) is recodified as sub-subdivision a. of subdivision (2) of G.S. 135-170. 25
7473 SECTION 1.(q) Subdivision (3) of the sixth paragraph of G.S. 135-5(l) is recodified 26
7574 as sub-subdivision b. of subdivision (2) of G.S. 135-170. 27
7675 SECTION 1.(r) Subdivision (4) of the sixth paragraph of G.S. 135-5(l) is recodified 28
7776 as sub-subdivision c. of subdivision (2) of G.S. 135-170. 29
7877 SECTION 1.(s) The first sentence of the thirteenth paragraph of G.S. 135-5(l) is 30
7978 recodified as subsection (b) of G.S. 135-175. 31
8079 SECTION 1.(t) The sixth and seventh sentences of the thirteenth paragraph of 32
8180 G.S. 135-5(l) are recodified as subsection (c) of G.S. 135-175. 33
8281 SECTION 1.(u) The first sentence of the eighth paragraph of G.S. 135-5(l) is 34
8382 recodified as subsection (a) of G.S. 135-180. 35
8483 SECTION 1.(v) The second sentence of the eighth paragraph of G.S. 135-5(l) is 36
8584 recodified as subsection (c) of G.S. 135-180. 37
8685 SECTION 1.(w) The third sentence of the eighth paragraph of G.S. 135-5(l) is 38
8786 recodified as subsection (d) of G.S. 135-180. 39
8887 SECTION 1.(x) The caption and first and second sentences of G.S. 135-5(l1) are 40
8988 recodified as subsection (a) of G.S. 135-190. 41
9089 SECTION 1.(y) The third sentence of G.S. 135-5(l1) is recodified as subsection (b) 42
9190 of G.S. 135-190. 43
9291 SECTION 1.(z) The third sentence of the second paragraph of G.S. 135-5(l) is 44
9392 recodified as G.S. 135-195. 45
9493 SECTION 1.(aa) The fourth sentence of G.S. 135-5(l1) is recodified as 46
9594 G.S. 135-200. 47
9695 SECTION 2.(a) The remainder of G.S. 135-7(g) not recodified by Section 1 of this 48
9796 act is repealed. 49
9897 SECTION 2.(b) The remainder of G.S. 135-5(l) not recodified by Section 1 of this 50
9998 act is repealed. 51 General Assembly Of North Carolina Session 2025
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101100 SECTION 3. Article 8 of Chapter 135 of the General Statutes, as created by Section 1
102101 1 of this act, reads as rewritten: 2
103102 "Article 8. 3
104103 "Death Benefit Plan for State Employees. 4
105104 "§ 135-153. Definitions. 5
106105 The following definitions apply in this Article: 6
107106 (1) Benefit Trust. – The North Carolina Teachers' and State Employees' Benefit 7
108107 Trust under G.S. 135-154. 8
109108 (2) Death Benefit Plan. – The Death Benefit Plan for State Employees and 9
110109 Retirees under this Article. 10
111110 (3) Disability Income Plan. – The Disability Income Plan of North Carolina under 11
112111 Article 6 of this Chapter. 12
113112 (4) Reserved for future codification purposes. 13
114113 (5) Reserved for future codification purposes. 14
115114 (6) Participating plans. – All of the following: 15
116115 a. The Death Benefit Plan. 16
117116 b. The Local Governmental Death Benefit Plan under Part 2 of Article 3 17
118117 of Chapter 128 of the General Statutes. 18
119118 c. Contributory death benefits available to retired members of the 19
120119 Consolidated Judicial Retirement System under G.S. 135-64. 20
121120 d. Contributory death benefits available to retired members of the 21
122121 Legislative Retirement System under G.S. 120-4.27. 22
123122 e. The Separate Insurance Benefits Plan under G.S. 143-166.60. 23
124123 (7) Reserved for future codification purposes. 24
125124 (8) Reserved for future codification purposes. 25
126125 (9) Workers' compensation benefits. – Excluding any payments for a permanent 26
127126 partial disability rating, disability income benefits provided under Chapter 97 27
128127 of the General Statutes. 28
129128 "§ 135-154. North Carolina Teachers' and State Employees' Benefit Trust. 29
130129 (a) Benefit Trust. – A trust fund, the North Carolina Teachers' and State Employees' 30
131130 Benefit Trust, is hereby created as a master trust to which all receipts, transfers, appropriations, 31
132131 contributions, investment earnings, and other income belonging to the Plans participating plans 32
133132 shall be deposited, and from which all benefits and expenses against the Plans those participating 33
134133 plans shall be disbursed. It is the intent of the General Assembly that a this master trust fund be 34
135134 created that provides provide an irrevocable source of funding to be used, to the extent the fund's 35
136135 assets are sufficient, only for death benefits and disability benefits payable to the Plans' members, 36
137136 participants, and beneficiaries, pursuant to G.S. 120 4.27, G.S. 128 27(l), subsections (l2) through 37
138137 (l6) of G.S. 128 27, 135 5(l), 135 64(k), and 143 166.60. beneficiaries of the participating plans 38
139138 and reasonable expenses for the administration of the participating plans. The Boards of Trustees 39
140139 of the Teachers' and State Employees' Retirement System and the Local Governmental 40
141140 Employees' Retirement System shall be the trustee of the Benefit Trust. 41
142141 (b) No Commingling of Funds. – Within the Benefit Trust, the funds of each of the Plans 42
143142 participating plans shall be accounted for separately and not commingled. 43
144143 (c) Assets. – Assets of one participating plan cannot be used to pay for liabilities of 44
145144 another participating plan within the Benefit Trust. The assets of the trust fund Benefit Trust shall 45
146145 be used only for the exclusive benefit of persons who are or may be entitled to benefits under the 46
147146 Plans. participating plans. In no event, including dissolution, will the shall any assets of the trust 47
148147 fund Benefit Trust be distributed to any entity that is not a state, a political subdivision of a state, 48
149148 or another entity the income of which is excludable from its gross income by application of 49
150149 section 115(1) of the Internal Revenue Code. The assets of the Benefit Trust are not subject to 50
151150 the claims of creditors of the employers and non employers any of the following: 51 General Assembly Of North Carolina Session 2025
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153152 (1) An employer or nonemployer making contributions to the Trust, are not 1
154153 subject to the claims of any creditors of the Trust, trustees, and administrators, 2
155154 and are not subject to the claims of creditors of members, participants, and 3
156155 beneficiaries.Benefit Trust. 4
157156 (2) A trustee or administrator of the Benefit Trust. 5
158157 (3) A member. 6
159158 (4) Participants or beneficiaries of any participating plan. 7
160159 (d) Contributions. – Employer and non employer nonemployer contributions to the North 8
161160 Carolina Teachers' and State Employees' Benefit Trust and earnings on those contributions are 9
162161 irrevocable. 10
163162 "§ 135-155. Death Benefit Plan established. 11
164163 (a) Death Benefit Plan. Plan for State Employees and Retirees. – There is hereby created 12
165164 a Group Life Insurance Plan (hereinafter called the "Plan") which is established as the Death 13
166165 Benefit Plan for State Employees and Retirees, a group life insurance plan that is an employee 14
167166 welfare benefit plan that is separate and apart from the Retirement System and under which the 15
168167 members of the Retirement System shall participate and be eligible for group life insurance 16
169168 benefits.System. 17
170169 (b) Benefit Trust. – The Death Benefit Plan shall be part of the North Carolina Teachers' 18
171170 and State Employees' Benefit Trust, as established under G.S. 135-7(g). Trust. All receipts, 19
172171 transfers, appropriations, contributions, investment earnings, and other income belonging to the 20
173172 Death Benefit Plan shall be deposited in the Benefit Trust. All benefits and expenses against the 21
174173 Death Benefit Plan shall be disbursed from the Benefit Trust. 22
175174 "§ 135-160. Administration of Death Benefit Plan. 23
176175 (a) Provisions Applicable. – The Death Benefit Plan is administered by the Board of 24
177176 Trustees. The provisions of the Retirement System pertaining to Administration, G.S. 135-6, and 25
178177 management of funds, G.S. 135-7, are hereby made G.S. 135-6 and G.S. 135-7 are applicable to 26
179178 the Death Benefit Plan. 27
180179 (b) Effect of Vote Related to Contributory Death Benefit. – No decision of the Board of 28
181180 Trustees related to the Contributory Death Benefit fully contributory death benefit for retirees 29
182181 provided for under this Chapter, Chapter 120, or Chapter 127A of the General Statutes, any of 30
183182 the following shall take effect unless and until this same decision has been made and voted on 31
184183 by the Board of Trustees of the Local Governmental Employees Retirement System.System: 32
185184 (1) G.S. 120-4.27. 33
186185 (2) G.S. 135-64. 34
187186 (3) G.S. 134-166.60. 35
188187 (c) Rulemaking. – The Board of Trustees may adopt temporary or permanent rules, as 36
189188 necessary, for all aspects of administration of this Article. 37
190189 "§ 135-165. Death benefit for in-service members. 38
191190 (a) Eligibility. – A member who is not retired and who has completed at least one full 39
192191 year of membership in the Retirement System is a participant in, and eligible for death benefits 40
193192 under, the Death Benefit Plan in accordance with this section. 41
194193 (b) Benefits Upon Death While in Service. – If a member eligible for benefits under this 42
195194 section dies while in service, then, upon receipt of proof, proof of the death that is satisfactory to 43
196195 the Board of Trustees in their capacity as trustees under the Group Life Insurance Plan, of the 44
197196 death, in service, of a member who had completed at least one full calendar year of membership 45
198197 in the Retirement System, there Trustees, a lump sum death benefit amount shall be paid to such 46
199198 person as the member shall have nominated by electronic submission in a form approved by the 47
200199 Board of Trustees or by written designation duly acknowledged and filed with the Board of 48
201200 Trustees, if such person is living at the time of the member's death, otherwise to the member's 49
202201 legal representatives, a death benefit.paid. 50 General Assembly Of North Carolina Session 2025
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204203 (c) Such death Death Benefit Amount. – Subject to a minimum of twenty-five thousand 1
205204 dollars ($25,000) and to a maximum of fifty thousand dollars ($50,000), the lump sum death 2
206205 benefit shall be amount payable under this section is equal to the greater of:of the following 3
207206 amounts: 4
208207 (1) The compensation on which contributions to the Retirement System were 5
209208 made by the member during the calendar year preceding the year in which his 6
210209 the member's death occurs, oroccurred. 7
211210 (2) The greatest compensation on which contributions to the Retirement System 8
212211 were made by the member during a 12-month period of service within the 9
213212 24-month period of service ending on the last day of the month preceding the 10
214213 month in which his the member's last day of actual service occurs; 11
215214 subject to a minimum of twenty-five thousand dollars ($25,000) and to a maximum 12
216215 of fifty thousand dollars ($50,000).occurred. 13
217216 (d) Members Deemed to be in Service. – For the purpose of the Plan, this section, a 14
218217 member shall be deemed to be in service at the date of his the member's death if his the death 15
219218 occurs within 180 days from the last day of his actual service.service, as determined in 16
220219 accordance with G.S. 135-170. 17
221220 "§ 135-170. Last day of actual service; death benefit for in-service members. 18
222221 To determine the last day of actual service for the purposes of the death benefit for in-service 19
223222 members, all of the following apply: 20
224223 (1) When the employee has not been terminated, Uninterrupted service. – For a 21
225224 member with uninterrupted service, the last day of actual service is the date 22
226225 on which an absent member's sick and annual leave expire, unless the member 23
227226 is on an approved leave of absence and is deemed to be in service under the 24
228227 provisions of G.S. 135-4(h). If a member is deemed to be in service under 25
229228 G.S. 135-4(h), then the last day of actual service is the last day for which the 26
230229 member made a contribution to the Retirement System. 27
231230 (2) Interrupted service. – All of the following apply to a member whose service 28
232231 has been interrupted: 29
233232 a. When a member's For a member whose service is interrupted by reason 30
234233 of service in the Uniformed Services, as that term is defined in section 31
235234 4303(16) of the Uniformed Services Employment and Reemployment 32
236235 Rights Act, Public Law 103-353, and the participant member does not 33
237236 return immediately after that service to employment with a covered 34
238237 employer in this the Retirement System, the last day of actual service 35
239238 is the date on which the participant member was first eligible to be 36
240239 separated or released from his or her involuntary military service. 37
241240 b. For a period when a member who is on an approved leave of absence, 38
242241 his status with respect to the death benefit will be determined by the 39
243242 provisions of G.S. 135-4(h).but is not deemed to be in service under 40
244243 G.S. 135-4(h), the last day of actual service is either the last day for 41
245244 which the member made a contribution to the Retirement System or 42
246245 the date on which the member's sick and annual leave expired, 43
247246 whichever is later. 44
248247 c. A member on leave of absence from his a position as a teacher or State 45
249248 employee for the purpose of serving as a member or officer of the 46
250249 North Carolina General Assembly shall be deemed to be in service 47
251250 during sessions of the General Assembly and thereby covered by the 48
252251 provisions of the death benefit. The eligible for the death benefit under 49
253252 G.S. 135-165. The last day of actual service shall be the most recent 50
254253 legislative day of the applicable General Assembly session or the last 51 General Assembly Of North Carolina Session 2025
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256255 day the member performed work as a teacher or State employee, 1
257256 whichever is later. Notwithstanding G.S. 135-165(c), the amount of 2
258257 the death benefit for such a member who is on a leave of absence due 3
259258 to General Assembly service shall be the equivalent of the salary to 4
260259 which the member would have been entitled as a teacher or State 5
261260 employee during the 12-month period immediately prior to the month 6
262261 in which death occurred, not to be less than subject to a minimum of 7
263262 twenty-five thousand dollars ($25,000) nor to exceed and a maximum 8
264263 of fifty thousand dollars ($50,000). 9
265264 d. All of the following apply for a member who is either (i) receiving 10
266265 workers' compensation benefits during the period for which the 11
267266 member would have been otherwise eligible to receive short-term 12
268267 benefits or extended short-term benefits under G.S. 135-105 or (ii) a 13
269268 beneficiary under the Disability Income Plan: 14
270269 1. If the date the member last performed work as a teacher or 15
271270 State employee occurred within 180 days of the date the 16
272271 member died, then the last day of actual service is the last day 17
273272 the member performed that work. 18
274273 2. If the date the member last performed worked as a teacher or 19
275274 State employee occurred more than 180 days from the date the 20
276275 member died, then that member shall not be deemed in active 21
277276 service for the purposes of G.S. 135-165. 22
278277 (3) When the employee Terminated service. – For a member whose employment 23
279278 has been terminated, terminated for reasons other than retirement, whether by 24
280279 the employer or the employee, the last day of actual service is the last day the 25
281280 member actually worked.performed work as a teacher or State employee. 26
282281 "§ 135-175. Fully contributory death benefit for retired members. 27
283282 (a) Participation and Premiums. – All retired members may elect to participate in the 28
284283 Death Benefit Plan and therefore become eligible to receive death benefits under the Death 29
285284 Benefit Plan in accordance with this section. Elections shall be made prior to death and no later 30
286285 than 60 calendar days from the effective date of the member's retirement. Elections shall be 31
287286 received by the Board of Trustees prior to the death of the retired member. Retired members 32
288287 electing to receive a fully contributory death benefit under the Death Benefit Plan shall 33
289288 continuously pay monthly premiums on a fully contributory basis, as determined by the Board 34
290289 of Trustees, to the Benefit Trust. Premium payments shall be made through retirement allowance 35
291290 deductions or other methods adopted by the Board of Trustees. 36
292291 (b) Benefits Upon Death. – If a retired member who has elected to receive a fully 37
293292 contributory death benefit under to this section dies, then, upon receipt of proof, proof of the 38
294293 death that is satisfactory to the Board of Trustees in its capacity under this subsection, of the 39
295294 death of a retired member of the Retirement System on or after January 1, 2015, there Trustees, 40
296295 a lump sum death benefit amount shall be paid a death benefit to the person or persons designated 41
297296 by the member or, if not survived by a designated beneficiary, to the deceased retired member's 42
298297 legal representative; provided the retired member has elected, when first eligible, to make, and 43
299298 has continuously made, in advance of the member's death required contributions as determined 44
300299 by the Board of Trustees on a fully contributory basis, through retirement allowance deductions 45
301300 or other methods adopted by the Board of Trustees, to a group death benefit trust fund, the North 46
302301 Carolina Teachers' and State Employees' Benefit Trust, administered by the Board of Trustees 47
303302 Fund and Pension Accumulation Fund.paid. 48
304303 (c) This Death Benefit Amount. – The lump sum death benefit payable under this section 49
305304 shall be a lump-sum payment in the amount of one of the following amounts: 50 General Assembly Of North Carolina Session 2025
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307306 (1) If the death occurred on or after the first day of the twenty-fifth month of 1
308307 coverage under this section, the amount payable is ten thousand dollars 2
309308 ($10,000) upon the completion of 24 months of contributions required under 3
310309 this subsection. Should death occur ($10,000). 4
311310 (2) If the death occurred before the completion of 24 months of contributions 5
312311 required under this subsection, the deceased retired member's designated 6
313312 beneficiary or beneficiaries, or legal representative if not survived by a 7
314313 designated beneficiary, shall be paid first day of the twenty-fifth month of 8
315314 coverage under this section, the amount payable is the sum of the retired 9
316315 member's contributions required by this subsection premium payments made 10
317316 in accordance with this section plus interest in an amount to be determined by 11
318317 the Board of Trustees. 12
319318 "§ 135-180. Death benefits; workers' compensation benefits and Disability Income Plan 13
320319 beneficiaries. 14
321320 (a) Eligibility. – A member who is a beneficiary of the Disability Income Plan provided 15
322321 for in Article 6 of this Chapter, or a member who is in receipt of Workers' Compensation workers' 16
323322 compensation benefits during the period for which he or she the member would have otherwise 17
324323 been eligible to receive short-term benefits or extended short-term benefits and as provided in 18
325324 G.S. 135-105 benefits under G.S. 135-105 is eligible for death benefits under the Death Benefit 19
326325 Plan in accordance with this section if all of the following criteria are met: 20
327326 (1) The member is not retired. 21
328327 (2) The member is not eligible for death benefits under G.S. 135-165. 22
329328 (3) The member dies on or after 181 days from the last day of his or her actual 23
330329 service the member performed work as a teacher or State employee but prior 24
331330 to the date the workers' compensation benefits or benefits as provided in 25
332331 G.S. 135-105 under the Disability Income Plan would have ended, shall be 26
333332 eligible for group life insurance benefits as provided in this subsection, 27
334333 notwithstanding that the member is no longer an employee or teacher or that 28
335334 the member's death occurs after the eligibility period after active 29
336335 service.ended. 30
337336 (b) Benefits Upon Death. – Upon receipt of proof of the death of a member eligible for 31
338337 benefits under subsection (a) of this section that is satisfactory to the Board of Trustees, a lump 32
339338 sum death benefit amount shall be paid. 33
340339 (c) Benefit Amount. – The basis of the death benefit payable hereunder under this section 34
341340 shall be the higher of the death benefit computed as above amount calculated in accordance with 35
342341 G.S. 135-165(c) or a the death benefit amount based on compensation used in computing the 36
343342 benefit payable under G.S. 135-105 and G.S. 135-106, as may be adjusted for percentage 37
344343 post-disability increases, all subject to but shall not exceed the maximum dollar limitation as 38
345344 provided above.for the death benefit for in-service members under G.S. 135-165. 39
346345 (d) Exceptions. – A member in receipt of benefits from the Disability Income Plan under 40
347346 the provisions of G.S. 135-112 whose right to a benefit accrued under the former Disability 41
348347 Salary Continuation Plan shall not be covered under the provisions of this paragraph.entitled to 42
349348 benefits under the Death Benefit Plan under this Article. 43
350349 "§ 135-185. Beneficiaries under the Death Benefit Plan. 44
351350 (a) Designation. – A member shall designate a beneficiary or beneficiaries for each 45
352351 applicable benefit payable under this Article by electronic submission in a form approved by the 46
353352 Board of Trustees or by written designation duly acknowledged and filed with the Board of 47
354353 Trustees. 48
355354 (b) Benefits Payable. – Each applicable benefit payable under this Article shall be paid 49
356355 to the designated beneficiary or beneficiaries to receive the benefit. If no beneficiaries are 50 General Assembly Of North Carolina Session 2025
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358357 designated or living at the time of the member's death, then the benefit shall be paid to the 1
359358 member's legal representative. 2
360359 "§ 135-190. Reciprocity of Death Benefit Plan. 3
361360 (a) Reciprocity of Death Benefit Plan. – Only for the purpose of determining eligibility 4
362361 for the death benefit benefits provided for in subsection (l) of this section, under this Article, 5
363362 membership service standing to the credit of (i) a member of the Legislative Retirement System 6
364363 or the Consolidated Judicial Retirement System or (ii) a retired member of the Legislative 7
365364 Retirement System or the Consolidated Judicial Retirement System whose retirement benefit was 8
366365 suspended upon entrance into membership in the Teachers' and State Employees' Retirement 9
367366 System shall be added to the membership service standing to the credit of a member of the 10
368367 Teachers' and State Employees' Retirement System. However, in the event that a participant or 11
369368 beneficiary is a retired member of the Legislative Retirement System or the Consolidated Judicial 12
370369 Retirement System whose retirement benefit was suspended upon entrance into membership in 13
371370 the Teachers' and State Employees' Retirement System, such membership service standing to the 14
372371 credit of the retired member prior to retirement shall be likewise counted. 15
373372 (b) Prohibitions. – Membership service under this section shall not be counted twice for 16
374373 the same period of time. 17
375374 "§ 135-195. Accumulated contributions separate. 18
376375 Such death benefit Death benefit amounts payable under this Article shall be payable apart 19
377376 and separate from the payment of the member's accumulated contributions under the Retirement 20
378377 System on his the member's death pursuant to the provisions of subsection (f) of this 21
379378 section.G.S. 135-5. 22
380379 "§ 135-200. Benefits disallowed under this Article. 23
381380 In Notwithstanding anything in this Article to the contrary, no event shall a death benefit 24
382381 provided for in G.S. 135-5(l) under this Article shall be paid at the death of a member if a death 25
383382 benefit is paid related to that member under G.S. 135-63." 26
384383 27
385384 PART II. TECHNICAL R ECODIFICATION AND ST ANDARDIZATION OF THE 28
386385 DEATH BENEFIT PLAN F OR MEMBERS OF THE LO CAL GOVERNMENTAL 29
387386 EMPLOYEES' RETIREMEN T SYSTEM 30
388387 SECTION 4.(a) Article 3 of Chapter 128 of the General Statutes is amended to add 31
389388 a new Part 1 to be entitled "Local Governmental Employees Retirement System" consisting of 32
390389 G.S. 128-21 through G.S. 128-38.29. 33
391390 SECTION 4.(a1) Article 3 of Chapter 128 of the General Statutes is amended to add 34
392391 a new Part 2 to be entitled "Local Governmental Death Benefit Plan" that consists of the 35
393392 following new sections: 36
394393 (1) G.S. 128-38.30. 37
395394 (2) G.S. 128-38.31. 38
396395 (3) G.S. 128-38.35. 39
397396 (4) G.S. 128-38.36. 40
398397 (5) G.S. 128-38.40. 41
399398 (6) G.S. 128-38.45. 42
400399 (7) G.S. 128-38.46. 43
401400 SECTION 4.(b) The caption and the second sentence of G.S. 128-27(l) are 44
402401 recodified as subsection (a) of G.S. 128-38.30. 45
403402 SECTION 4.(c) The third, fourth, and fifth sentences of the first paragraph of 46
404403 G.S. 128-27(l) are recodified as subsection (b) of G.S. 128-38.30. 47
405404 SECTION 4.(d) The seventh paragraph of G.S. 128-27(l) is recodified as subsection 48
406405 (a) of G.S. 128-38.31. 49
407406 SECTION 4.(d1) G.S. 128-28(f1) is recodified as subsection (b) of G.S. 128-38.31. 50 General Assembly Of North Carolina Session 2025
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409408 SECTION 4.(e) The first sentence of the first paragraph of G.S. 128-27(l) is 1
410409 recodified as the first sentence of subsection (a) of G.S. 128-38.35. 2
411410 SECTION 4.(f) The first sentence of G.S. 128-27(l1) is recodified as the second 3
412411 sentence of subsection (a) of G.S. 128-38.35. 4
413412 SECTION 4.(g) The first sentence of the second paragraph of G.S. 128-27(l) is 5
414413 recodified as subsection (b) of G.S. 128-38.35. 6
415414 SECTION 4.(h) The second sentence of the second paragraph of G.S. 128-27(l) is 7
416415 recodified as subsection (c) of G.S. 128-38.35. 8
417416 SECTION 4.(i) The fourth sentence of the second paragraph of G.S. 128-27(l) is 9
418417 recodified as subsection (d) of G.S. 128-38.35. 10
419418 SECTION 4.(j) Sub-subdivision a. of subdivision (2) of the sixth paragraph of 11
420419 G.S. 128-27(l) is recodified as subdivision (3) of G.S. 128-38.36. 12
421420 SECTION 4.(k) Sub-subdivision b. of subdivision (2) of the sixth paragraph of 13
422421 G.S. 128-27(l) is recodified as subdivision (1) of G.S. 128-38.36. 14
423422 SECTION 4.(l) Sub-subdivision c. of subdivision (2) of the sixth paragraph of 15
424423 G.S. 128-27(l) is recodified as sub-subdivision a. of subdivision (2) of G.S. 128-38.36. 16
425424 SECTION 4.(m) Subdivision (3) of the sixth paragraph of G.S. 128-27(l) is 17
426425 recodified as sub-subdivision b. of subdivision (2) of G.S. 128-38.36. 18
427426 SECTION 4.(n) Subdivision (4) of the sixth paragraph of G.S. 128-27(l) is 19
428427 recodified as sub-subdivision c. of subdivision (2) of G.S. 128-38.36. 20
429428 SECTION 4.(o) The first sentence of the first paragraph of G.S. 128-27(l6) is 21
430429 recodified as subsection (b) of G.S. 128-38.40. 22
431430 SECTION 4.(p) The second paragraph of G.S. 128-27(l6) is recodified as subsection 23
432431 (c) of G.S. 128-38.40. 24
433432 SECTION 4.(q) The third sentence of the second paragraph of G.S. 128-27(l) is 25
434433 recodified as G.S. 128-38.46. 26
435434 SECTION 5.(a) The remainder of subsections (l), (l1), and (l6) of G.S. 128-27 not 27
436435 recodified by Section 4 of this act are repealed. 28
437436 SECTION 5.(b) Subsections (l2), (l3), (l4), and (l5) of G.S. 128-27 are repealed. 29
438437 SECTION 6.(a) G.S. 128-21 reads as rewritten: 30
439438 "§ 128-21. Definitions. 31
440439 The following words and phrases as used definitions apply in this Article, unless a different 32
441440 meaning is plainly required by the context, shall have the following meanings:context: 33
442441 … 34
443442 (6a) "Benefit Trust" means the North Carolina Teachers' and State Employees' 35
444443 Benefit Trust under G.S. 135-154. 36
445444 … 37
446445 (8a) "Death Benefit Plan" means the Local Governmental Death Benefit Plan 38
447446 established under Part 2 of this Article. 39
448447 (8b) "Duly acknowledged" means notarized, including electronic notarization, or 40
449448 verified through an identity authentication service approved by the 41
450449 Department of State Treasurer. 42
451450 …." 43
452451 SECTION 6.(b) Part 2 of Article 3 of Chapter 128 of the General Statutes, as created 44
453452 by Section 4 of this act, reads as rewritten: 45
454453 "Part 2. Local Governmental Death Benefit Plan. 46
455454 "§ 128-38.30. Death Benefit Plan established. 47
456455 (a) Death Benefit Plan. – There is hereby created a Group Life Insurance Plan (hereinafter 48
457456 called the "Plan") which is established as the Local Governmental Death Benefit Plan, a group 49
458457 life insurance plan that is an employee welfare benefit plan that is separate and apart from the 50 General Assembly Of North Carolina Session 2025
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460459 Retirement System and under which the members of the Retirement System shall participate and 1
461460 be eligible for group life insurance benefits.System. 2
462461 (b) Benefit Trust. – The Death Benefit Plan shall be part of the North Carolina Teachers' 3
463462 and State Employees' Benefit Trust, as established under G.S. 135-7(g). Trust. All receipts, 4
464463 transfers, appropriations, contributions, investment earnings, and other income belonging to the 5
465464 Death Benefit Plan shall be deposited in the Benefit Trust. All benefits and expenses against the 6
466465 Death Benefit Plan shall be disbursed from the Benefit Trust. 7
467466 "§ 128-38.31. Administration of Death Benefit Plan. 8
468467 (a) Provisions Applicable. – The Death Benefit Plan is administered by the Board of 9
469468 Trustees. The provisions of the Retirement System pertaining to administration, G.S. 128-28, and 10
470469 management of funds, G.S. 128-29, are hereby made G.S. 128-28 and G.S. 128-29 are applicable 11
471470 to the Death Benefit Plan. 12
472471 (b) Effect of Vote Related to Contributory Death Benefit. – No decision of the Board of 13
473472 Trustees related to the Contributory Death Benefit fully contributory death benefit for retirees 14
474473 provided for under this Article Part shall take effect unless and until this same decision has been 15
475474 made and voted on by the Board of Trustees of the Teachers' and State Employees' Retirement 16
476475 System. 17
477476 (c) Rulemaking. – The Board of Trustees may adopt temporary or permanent rules, as 18
478477 necessary, for all aspects of administration of this Part. 19
479478 "§ 128-38.35. Death benefit for in-service members. 20
480479 (a) The provisions of this subsection shall become effective for any employer only after 21
481480 Participation. – Benefits under this section are only available to an otherwise eligible in-service 22
482481 member if that member's employer has opted to participate in the Death Benefit Plan or if the 23
483482 member is a law enforcement officer. All of the following apply: 24
484483 (1) If an employer elects to participate in the Death Benefit Plan with regards to 25
485484 in-service members who are not law enforcement officers employed by the 26
486485 employer, then an agreement to that effect has been shall be executed by the 27
487486 employer and the Executive Director of the Retirement System. Under all 28
488487 requirements and conditions as otherwise provided for in subsection (l) of this 29
489488 section, except for the requirement that the provisions are effective only after 30
490489 an agreement has been executed by the employer and the Executive Director 31
491490 of the Retirement Systems Division, Participation in, and eligibility for death 32
492491 benefits under, the Death Benefit Plan in accordance with this section shall be 33
493492 begin only after this agreement has been executed. 34
494493 (2) Employers are required to participate in the Death Benefit Plan with regard to 35
495494 all law enforcement officers employed by the employer who are members of 36
496495 the Retirement System shall participate and be eligible for group life insurance 37
497496 benefits under the Group Life Insurance Plan, and employers shall fund the 38
498497 cost of these benefits. 39
499498 (a1) Eligibility. – Subject to employer participation in the Death Benefit Plan for members 40
500499 who are not law enforcement officers, a member who has not retired and who has completed at 41
501500 least one full year of membership in the Retirement System is a participant in, and eligible for 42
502501 the death benefits under, the Death Benefit Plan in accordance with this section. 43
503502 (b) Benefits Upon Death While in Service. – If a member eligible for benefits under this 44
504503 section dies while in service, then, upon receipt of proof, proof of the death that is satisfactory to 45
505504 the Board of Trustees in their capacity as trustees under the Group Life Insurance Plan, of the 46
506505 death, in service, of a member who had completed at least one full calendar year of membership 47
507506 in the Retirement System, there Trustees, a lump sum death benefit amount shall be paid to such 48
508507 person as the member shall have nominated by electronic submission in a form approved by the 49
509508 Board of Trustees or by written designation duly acknowledged and filed with the Board of 50 General Assembly Of North Carolina Session 2025
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511510 Trustees, if such person is living at the time of the member's death, otherwise to the member's 1
512511 legal representatives, a death benefit.paid. 2
513512 (c) Such death Death Benefit Amount. – Subject to a minimum of twenty-five thousand 3
514513 dollars ($25,000) and to a maximum of fifty thousand dollars ($50,000), the lump sum death 4
515514 benefit shall be amount payable under this section is equal to the greater of:of the following 5
516515 amounts: 6
517516 (1) The compensation on which contributions to the Retirement System were 7
518517 made by the member during the calendar year preceding the year in which his 8
519518 the member's death occurs, oroccurred. 9
520519 (2) The greatest compensation on which contributions to the Retirement System 10
521520 were made by the member during a 12-month period of service within the 11
522521 24-month period of service ending on the last day of the month preceding the 12
523522 month in which his the member's last day of actual service occurs; 13
524523 subject to a minimum of twenty-five thousand dollars ($25,000) and a 14
525524 maximum of fifty thousand dollars ($50,000).occurred. 15
526525 (d) Members Deemed to be in Service. – For the purpose of the Plan, section, a member 16
527526 shall be deemed to be in service at the date of his the member's death if his the death occurs 17
528527 within 180 days from the last day of his actual service.service, as determined in accordance with 18
529528 G.S. 128-38.36. 19
530529 "§ 128-38.36. Last day of actual service; death benefit for in-service members. 20
531530 To determine the last day of actual service for the purposes of a death benefit for in-service 21
532531 members, all of the following apply: 22
533532 (1) When the employee has not been terminated, Uninterrupted service. – For 23
534533 members with uninterrupted service, the last day of actual service is the date 24
535534 on which an absent member's sick and annual leave expire.expire unless the 25
536535 member is on an approved leave of absence and is deemed to be in service 26
537536 under G.S. 128-26(g). If a member is deemed to be in service under 27
538537 G.S. 128-26(g), then the last day of actual service is the last day for which the 28
539538 member made a contribution to the Retirement System. 29
540539 (2) Interrupted service. – All of the following apply to a member whose service 30
541540 has been interrupted: 31
542541 a. When a member's For a member whose service is interrupted by reason 32
543542 of service in the Uniformed Services, as that term is defined in section 33
544543 4303(16) of the Uniformed Services Employment and Reemployment 34
545544 Rights Act, Public Law 103-353, and the participant member does not 35
546545 return immediately after that service to employment with a covered 36
547546 employer in this the Retirement System, the last day of actual service 37
548547 is the date on which the participant member was first eligible to be 38
549548 separated or released from his or her involuntary military service. 39
550549 b. For a period when a member who is on an approved leave of absence, 40
551550 his status with respect to the death benefit will be determined by the 41
552551 provisions of G.S. 128-26(g).but who is not deemed to be in service 42
553552 under G.S. 128-26(g), the last day of actual service is either the last 43
554553 day for which the member made a contribution to the Retirement 44
555554 System or the date on which the member's sick and annual leave 45
556555 expired, whichever is later. 46
557556 c. A member on leave of absence from his a position as a local 47
558557 governmental employee for the purpose of serving as a member or 48
559558 officer of the North Carolina General Assembly shall be deemed to be 49
560559 in service during sessions of the General Assembly and thereby 50
561560 covered by the provisions of the death benefit, if applicable. The 51 General Assembly Of North Carolina Session 2025
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563562 eligible for the death benefit under G.S. 128-38.35. The last day of 1
564563 actual service shall be the most recent legislative day of the applicable 2
565564 General Assembly session or the last day the member performed work 3
566565 as a local governmental employee, whichever is later. Notwithstanding 4
567566 G.S. 128-38.35(c), the amount of the death benefit for such a member 5
568567 who is on a leave of absence due to General Assembly service shall be 6
569568 the equivalent of the salary to which the member would have been 7
570569 entitled as a local governmental employee during the 12-month period 8
571570 immediately prior to the month in which death occurred, not to be less 9
572571 than subject to a minimum of twenty-five thousand dollars ($25,000) 10
573572 nor to exceed and a maximum of fifty thousand dollars ($50,000). 11
574573 (3) When the employee Terminated service. – For a member whose employment 12
575574 has been terminated, terminated for reasons other than retirement, whether by 13
576575 the employer or the employee, the last day of actual service is the last day the 14
577576 member actually worked.performed work as a local governmental employee. 15
578577 "§ 128-38.40. Fully contributory death benefit for retired members. 16
579578 (a) Participation and Premiums. – All retired members may elect to participate in the 17
580579 Death Benefit Plan and therefore become eligible to receive death benefits under the Death 18
581580 Benefit Plan in accordance with this section. Elections shall be made prior to death and no later 19
582581 than 60 calendar days from the effective date of the member's retirement. Elections shall be 20
583582 received by the Board of Trustees prior to the death of the retired member. Retired members 21
584583 electing to receive a fully contributory death benefit under the Death Benefit Plan shall 22
585584 continuously pay monthly premiums on a fully contributory basis, as determined by the Board 23
586585 of Trustees, to the North Carolina Teachers' and State Employees' Benefit Trust established under 24
587586 G.S. 135-7(g). Premium payments shall be made through retirement allowance deductions or 25
588587 other methods adopted by the Board of Trustees. 26
589588 (b) Benefits Upon Death. – If a retired member who has elected to receive a fully 27
590589 contributory death benefit under this section dies, then, upon receipt of proof, proof of the death 28
591590 that is satisfactory to the Board of Trustees in its capacity under this subsection, of the death of 29
592591 a retired member of the Retirement System on or after January 1, 2015, there Trustees, a lump 30
593592 sum death benefit amount shall be paid a death benefit to the person or persons designated by the 31
594593 member or, if not survived by a designated beneficiary, to the deceased retired member's legal 32
595594 representative; provided the retired member has elected, when first eligible, to make, and has 33
596595 continuously made, in advance of the member's death required contributions as determined by 34
597596 the Board of Trustees on a fully contributory basis, through retirement allowance deductions or 35
598597 other methods adopted by the Board of Trustees, to a group death benefit trust fund, the North 36
599598 Carolina Teachers' and State Employees' Benefit Trust, administered by the Board of Trustees 37
600599 separate and apart from the Retirement System's Annuity Savings Fund and Pension 38
601600 Accumulation Fund.paid. 39
602601 (c) The Death Benefit Amount. – The lump sum death benefit payable under this 40
603602 subsection section shall be a lump-sum payment in the amount of one of the following amounts: 41
604603 (1) If the death occurred on or after the first day of the twenty-fifth month of 42
605604 coverage under this section, then the amount payable is ten thousand dollars 43
606605 ($10,000) upon the completion of 24 months of contributions required under 44
607606 this subsection. Should death occur ($10,000). 45
608607 (2) If the death occurred before the completion of 24 months of contributions 46
609608 required under this subsection, the deceased retired member's designated 47
610609 beneficiary or beneficiaries, or legal representative if not survived by a 48
611610 designated beneficiary, shall be paid first day of the twenty-fifth month of 49
612611 coverage under this section, then the amount payable is the sum of the retired 50
613612 member's contributions required by this subsection premium payments made 51 General Assembly Of North Carolina Session 2025
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613+House Bill 477-Second Edition Page 13
615614 in accordance with this section plus interest in an amount to be determined by 1
616615 the Board of Trustees. 2
617616 "§ 128-45. Beneficiaries under the Death Benefit Plan. 3
618617 (a) Designation. – A member shall designate a beneficiary or beneficiaries for each 4
619618 applicable benefit payable under this Part by electronic submission in a form approved by the 5
620619 Board of Trustees or by written designation duly acknowledged and filed with the Board of 6
621620 Trustees. 7
622621 (b) Benefits Payable. – Each applicable benefit payable under this Part shall be paid to 8
623622 the designated beneficiary or beneficiaries to receive the benefit. If no beneficiaries are 9
624623 designated or living at the time of the member's death, then the benefit shall be paid to the 10
625624 member's legal representative. 11
626625 "§ 128-38.46. Accumulated contributions separate. 12
627626 Such death benefit Death benefit amounts payable under this Part shall be payable apart and 13
628627 separate from the payment of the member's accumulated contributions under the Retirement 14
629628 System on his the member's death pursuant to the provisions of subsection (f) of this 15
630629 section.G.S. 128-27(f)." 16
631630 17
632631 PART III. STANDARDIZATION OF DEATH BENEF ITS FOR MEMBERS OF T HE 18
633632 CONSOLIDATED JUDICIA L RETIREMENT SYSTEM 19
634633 SECTION 7.(a) G.S. 135-53 is amended by adding a new subdivision to read: 20
635634 "(3a) "Benefit Trust" means the North Carolina Teachers' and State Employees' 21
636635 Benefit Trust under G.S. 135-154." 22
637636 SECTION 7.(b) G.S. 135-52 is amended by adding a new subsection to read: 23
638637 "(c) Fully contributory death benefits under this Article are established as a group life 24
639638 insurance plan that is an employee welfare benefit plan that is separate and apart from the 25
640639 Retirement System and administered by the Board of Trustees. Fully contributory death benefits 26
641640 for retirees under this Article are part of the Benefit Trust. All receipts, transfers, appropriations, 27
642641 contributions, investment earnings, and other income associated with the fully contributory death 28
643642 benefits for retirees under this Article shall be deposited in the Benefit Trust. All benefits and 29
644643 expenses against the fully contributory death benefits for retirees under this Article shall be 30
645644 disbursed from the Benefit Trust." 31
646645 SECTION 7.(c) Subsections (b) and (d) of G.S. 135-63 are repealed. 32
647646 SECTION 7.(d) G.S. 135-63, as amended by subsection (c) of this section, reads as 33
648647 rewritten: 34
649648 "§ 135-63. Benefits on death before retirement. 35
650649 (a) Upon In-Service Benefit. – If a member dies while in service, then, upon receipt of 36
651650 proof, proof of the death that is satisfactory to the Board of Trustees, of the death of a member 37
652651 in service, there shall be paid in a lump sum death benefit shall be paid to such person as the 38
653652 beneficiary or beneficiaries that the member shall have nominated designated by electronic 39
654653 submission in a form approved by the Board of Trustees or by written designation duly 40
655654 acknowledged and filed with the Board of Trustees, if such person is Trustees. If no beneficiaries 41
656655 are designated or living at the time of the member's death, otherwise then the death benefit shall 42
657656 be paid to the member's legal representatives, a representative. The amount of the death benefit 43
658657 payable under this subsection is equal to the sum of (i) the member's accumulated contributions, 44
659658 plus (ii) the member's final compensation; provided, however, that if the member has attained his 45
660659 or her fiftieth birthday with at least five years of membership service at the member's date of 46
661660 death, and if the designated recipient of the death benefits is the compensation, unless a member's 47
662661 surviving spouse who survives him or her, and if the spouse so elects, is eligible for and elects to 48
663662 receive a survivor's alternate benefit under subsection (a1) of this section. 49
664663 (a1) Survivor's Alternate Benefit. – The surviving spouse of a member who was age 50 or 50
665664 older with at least five years of membership service at the time of death may elect a survivor's 51 General Assembly Of North Carolina Session 2025
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667666 alternate benefit. If the surviving spouse elects a survivor's alternate benefit, then the lump-sum 1
668667 death benefit provided for herein under subsection (a) of this section shall consist only of a 2
669668 payment equal to the member's final compensation and there shall be paid to the surviving spouse 3
670669 an annual retirement allowance, payable monthly, which monthly. The monthly payments shall 4
671670 commence on the first day of the calendar month coinciding with or next following the death of 5
672671 the member and shall be continued member. All of the following apply to the survivor's alternate 6
673672 benefit: 7
674673 (1) The survivor's alternate benefit shall continue on the first day of each month 8
675674 thereafter until the remarriage or death of the spouse. 9
676675 (2) The amount of any such the survivor's alternate benefit retirement allowance 10
677676 shall be equal to one half of the amount of the retirement allowance to which 11
678677 the member would have been entitled had the member retired under the 12
679678 provisions of G.S. 135-57(a) on the first day of the calendar month coinciding 13
680679 with or next following the member's date of death, reduced by two percent 14
681680 (2%) thereof for each full year, if any, by which the age of the member at his 15
682681 or her date of death exceeds that of the member's spouse. 16
683682 (3) If the retirement allowance to the spouse shall terminate terminates on the 17
684683 remarriage or death of the spouse before the total of the retirement allowance 18
685684 payments made equals the amount of the member's accumulated contributions 19
686685 at date of death, then the excess of such those accumulated contributions over 20
687686 the total of the retirement allowances paid to the spouse shall be paid in a lump 21
688687 sum to such person as the beneficiary or beneficiaries the member shall have 22
689688 nominated designated by electronic submission in a form approved by the 23
690689 Board of Trustees or by written designation duly acknowledged and filed with 24
691690 the Board of Trustees, if such person is Trustees. If no beneficiary is 25
692691 designated or living at the time such payment falls due, otherwise the lump 26
693692 sum payment becomes due under this subdivision, then the lump sum payment 27
694693 shall be made to the former member's legal representatives. 28
695694 … 29
696695 (c) Not in Service Benefit. – Upon receipt of proof, satisfactory to the Board of Trustees, 30
697696 of the death of a member not in service, there shall be paid in a lump sum to such person as the 31
698697 beneficiary that the member shall have nominated designated by electronic submission in a form 32
699698 approved by the Board of Trustees or by written designation duly acknowledged and filed with 33
700699 the Board of Trustees, if such person is Trustees. If no beneficiary is designated or living at the 34
701700 time of the member's death, otherwise the lump sum death benefit shall be paid to the member's 35
702701 legal representatives, a representatives. The lump sum death benefit payable under this 36
703702 subsection is equal to the member's accumulated contributions. 37
704703 …." 38
705704 SECTION 7.(e) Subsections (f) through (j) of G.S. 135-64 are repealed. 39
706705 SECTION 7.(f) G.S. 135-64, as amended by subsection (e) of this section, reads as 40
707706 rewritten: 41
708707 "§ 135-64. Benefits on death after retirement. 42
709708 (a) In the event of the death of If a former member while in receipt of dies after a service 43
710709 retirement allowance pursuant to his retirement under the provisions of G.S. 135-57, G.S. 135-57 44
711710 or after a the former member's sixty-fifth birthday while in receipt of a retirement allowance 45
712711 pursuant to his retirement under the provisions of after a disability retirement under G.S. 135-59, 46
713712 then there shall be paid to the former member's surviving spouse, if any, an annual retirement 47
714713 allowance, payable monthly, which monthly. The monthly payments shall commence on the first 48
715714 day of the calendar month next following the date of death of the former member and shall be 49
716715 continued on the first day of each month thereafter until the remarriage or death of the spouse. 50
717716 The amount of any such the retirement allowance under this subsection shall be equal to one half 51 General Assembly Of North Carolina Session 2025
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717+House Bill 477-Second Edition Page 15
719718 of the allowance that was payable to the former member for the month immediately prior to his 1
720719 the member's month of death, or which that would have been so payable had an optional mode 2
721720 of payment not been elected under the provisions of G.S. 135-61, reduced by two percent (2%) 3
722721 thereof for each full year, if any, by which the age of the former member at date of death exceeds 4
723722 that of his the spouse. 5
724723 (b) In the event of the death of If a former member dies prior to his the former member's 6
725724 sixty-fifth birthday while in receipt of a after a disability retirement allowance pursuant to his 7
726725 retirement under the provisions of G.S. 135-59, then there shall be paid to the former member's 8
727726 surviving spouse, if any, an annual retirement allowance, payable monthly, which monthly. The 9
728727 monthly payments shall commence on the first day of the calendar month next following the date 10
729728 of death of the former member and shall be continued on the first day of each month thereafter 11
730729 until the remarriage or death of the spouse. The amount of any such the retirement allowance 12
731730 under this subsection shall be equal to one half of the allowance to which the former member 13
732731 would have been entitled under the provisions of G.S. 135-58 if he the member had remained in 14
733732 service from his the disability retirement date to his the date of death with no change in his the 15
734733 former member's final compensation or status and had then retired, reduced by two percent (2%) 16
735734 thereof for each full year, if any, by which the age of the former member at date of death exceeds 17
736735 that of his the spouse. 18
737736 (c) In the event of the death of If a former member dies while in receipt of a retirement 19
738737 allowance under the provisions of G.S. 135-58, 135-60, or 135-61, and if such that former 20
739738 member is not survived by a spouse to whom a retirement allowance is payable under the 21
740739 provisions of subsection (a) or subsection (b) above, of this section nor survived by a beneficiary 22
741740 to whom a monthly survivorship benefit is payable under one of the optional modes of payment 23
742741 under G.S. 135-61, then there shall be paid to such person as a lump sum death benefit to the 24
743742 beneficiary that the member shall have nominated designated by electronic submission in a form 25
744743 approved by the Board of Trustees or by written designation duly acknowledged and filed with 26
745744 the Board of Trustees, if such person is Trustees. If no beneficiary is designated or living at the 27
746745 time of the member's death, otherwise then the lump sum death benefit shall be paid to the 28
747746 member's legal representatives, a representative. The lump sum death benefit payable under this 29
748747 subsection shall be equal to the excess, if any, of the accumulated contributions of the member 30
749748 at his the member's date of retirement over the total of the retirement allowances paid to him the 31
750749 member prior to his death. 32
751750 (d) In the event that If a retirement allowance becomes payable to the spouse of a former 33
752751 member under the provisions of subsection (a) or subsection (b) above, of this section or to the 34
753752 designated survivor of a former member under one of the optional modes of payment under 35
754753 G.S. 135-61, and such that retirement allowance to the spouse shall terminate terminated on the 36
755754 remarriage or death of the spouse, or on the death of spouse or the designated survivor, survivor 37
756755 before the total of the retirement allowances paid to the former member and his the spouse or the 38
757756 designated survivor combined equals the amount of the member's accumulated contributions at 39
758757 his the member's date of retirement, then the excess of such those accumulated contributions over 40
759758 the total of the retirement allowances paid to the former member and his the spouse or the 41
760759 designated survivor combined shall be paid in a lump sum to such person as the beneficiary that 42
761760 the member shall have nominated designated by electronic submission in a form approved by the 43
762761 Board of Trustees or by written designation duly acknowledged and filed with the Board of 44
763762 Trustees, if such person Trustees. If no beneficiary is designated or is living at the time such 45
764763 payment under this subsection falls due, otherwise then the lump sum shall be paid to the former 46
765764 member's legal representatives. 47
766765 (e) In the event of the death of If a retired former judge dies while in receipt of a 48
767766 retirement allowance under the provisions of G.S. 135-58(d), then there shall be paid to the 49
768767 former judge's surviving spouse, if any, an annual retirement allowance payable monthly, which 50
769768 monthly. The monthly payments shall commence on the first day of the calendar month next 51 General Assembly Of North Carolina Session 2025
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769+Page 16 House Bill 477-Second Edition
771770 following the date of death of the former judge and shall be continued on the first day of each 1
772771 month thereafter until the remarriage or death of the spouse. The amount of any such the 2
773772 retirement allowance under this subsection shall be equal to one half of the allowance that was 3
774773 payable to the former judge for the month immediately prior to his the month of death, reduced 4
775774 by two percent (2%) thereof for each full year, if any, by which the age of the former judge at 5
776775 date of death exceeds that of his the spouse. 6
777776 … 7
778777 (k) Upon the death of a retired member on or after January 1, 2015, there All retired 8
779778 members may elect to participate in the fully contributory death benefit for retirees. All of the 9
780779 following apply to the fully contributory death benefit for retirees: 10
781780 (1) Elections to participate in the fully contributory death benefit for retirees shall 11
782781 be made prior to the member's death and no later than 60 calendar days from 12
783782 the effective date of the member's retirement. Elections shall be received by 13
784783 the Board of Trustees prior to the death of the retired member. 14
785784 (2) Retired members electing to receive a fully contributory death benefit under 15
786785 this subsection shall continuously pay monthly premiums on a fully 16
787786 contributory basis, as determined by the Board of Trustees. Premium 17
788787 payments shall be made through retirement allowance deductions or other 18
789788 methods adopted by the Board of Trustees. 19
790789 (3) If a retired member who has elected to receive a fully contributory death 20
791790 benefit under this subsection dies, then, upon receipt of proof of death that is 21
792791 satisfactory to the Board of Trustees, a lump sum death benefit amount shall 22
793792 be paid a death benefit to the person or persons beneficiary or beneficiaries 23
794793 designated by the member or, if not survived by a designated beneficiary, 24
795794 member. If no beneficiary is designated or living, then the death benefit shall 25
796795 be paid to the deceased retired member's legal representative; provided the 26
797796 retired member has elected, when first eligible, to make, and has continuously 27
798797 made, in advance of the member's death required contributions as determined 28
799798 by the Board of Trustees on a fully contributory basis, through retirement 29
800799 allowance deductions or other methods adopted by the Board of Trustees, to 30
801800 a group death benefit trust fund, the North Carolina Teachers' and State 31
802801 Employees' Benefit Trust, administered by the Board of Trustees separate and 32
803802 apart from the Retirement System's Annuity Savings Fund and Pension 33
804803 Accumulation Fund. Employer and non-employer contributions to the Benefit 34
805804 Trust and earnings on those contributions are irrevocable. The assets of the 35
806805 Benefit Trust are dedicated to providing benefits to members and beneficiaries 36
807806 in accordance with the Plan's benefit terms. The assets of the Benefit Trust are 37
808807 not subject to the claims of creditors of the employees and non-employees 38
809808 making contributions to the Benefit Trust, are not subject to the claims of any 39
810809 creditors of the Benefit Trust's trustees and administrators, and are not subject 40
811810 to the claims of creditors of members and beneficiaries. Benefit Trust assets 41
812811 may be used for reasonable expenses to administer benefits provided by the 42
813812 Fund as approved by the Board of Trustees.representative. 43
814813 (4) The amount of the lump sum fully contributory death benefit payable under 44
815814 this subsection shall be a lump-sum payment in the amount of is one of the 45
816815 following: 46
817816 a. If the death occurred on or after the first day of the twenty-fifth month 47
818817 of coverage under this subsection, then the amount payable is ten 48
819818 thousand dollars ($10,000) upon the completion of 24 months of 49
820819 contributions required under this subsection. Should death occur 50
821820 ($10,000). 51 General Assembly Of North Carolina Session 2025
822-House Bill 477-Third Edition Page 17
821+House Bill 477-Second Edition Page 17
823822 b. If the death occurred before the completion of 24 months of 1
824823 contributions required under this subsection, the deceased retired 2
825824 member's designated beneficiary or beneficiaries, or legal 3
826825 representative if not survived by a designated beneficiary, shall be paid 4
827826 first day of the twenty-fifth month of coverage under this subsection, 5
828827 then the amount payable is the sum of the retired member's 6
829828 contributions required by this subsection premium payments made in 7
830829 accordance with this subsection plus interest in an amount to be 8
831830 determined by the Board of Trustees." 9
832831 10
833832 PART IV. STANDARDIZA TION OF DEATH BENEFI TS FOR MEMBERS OF TH E 11
834833 LEGISLATIVE RETIREME NT SYSTEM 12
835834 SECTION 8.(a) G.S. 120-4.8 is amended by adding a new subdivision to read: 13
836835 "(4d) Benefit Trust. – The North Carolina Teachers' and State Employees' Benefit 14
837836 Trust under G.S. 135-154." 15
838837 SECTION 8.(b) G.S. 120-4.10 reads as rewritten: 16
839838 "§ 120-4.10. Administration of retirement system.Article. 17
840839 (a) The Board of Trustees of the Teachers' and State Employees' Retirement System shall 18
841840 be the trustee of the Retirement System. The provisions of this Article shall be administered by 19
842841 the Board of Trustees. 20
843842 (b) Fully contributory death benefits under this Article are established as a group life 21
844843 insurance plan that is an employee welfare benefit plan that is separate and apart from the 22
845844 Retirement System and administered by the Board of Trustees. Fully contributory death benefits 23
846845 for retirees under this Article are part of the Benefit Trust. All receipts, transfers, appropriations, 24
847846 contributions, investment earnings, and other income associated with the fully contributory death 25
848847 benefits for retirees under this Article shall be deposited in the Benefit Trust. All benefits and 26
849848 expenses against the fully contributory death benefits for retirees under this Article shall be 27
850849 disbursed from the Benefit Trust." 28
851850 SECTION 8.(c) G.S. 120-4.26A reads as rewritten: 29
852851 "§ 120-4.26A. Benefits on death after retirement. 30
853852 (a) In the event of the death of If a retired member dies while in receipt of a retirement 31
854853 allowance under the provisions of this Article, there a lump sum death benefit shall be paid to 32
855854 such person or persons as the beneficiary that the retiree shall have nominated designated by 33
856855 electronic submission in a form approved by the Board of Trustees or by written designation duly 34
857856 acknowledged and filed with the Board of Trustees, if such person or persons Trustees. If no 35
858857 beneficiary or beneficiaries are designated or are living at the time of the retiree's death, otherwise 36
859858 then the lump sum death benefit shall be paid to the retiree's legal representatives, a 37
860859 representative. The lump sum death benefit payable under this subsection is equal to the excess, 38
861860 if any, of the accumulated contributions of the retiree at the date of retirement over the total of 39
862861 the retirement allowances paid prior to the death of the retiree. 40
863862 (b) In the event that If a retirement allowance becomes that became payable to the 41
864863 designated survivor of a retired member under the provisions of G.S. 120-4.26 and such 42
865864 retirement allowance to the survivor shall terminate terminates upon the death of the survivor 43
866865 before the total of the retirement allowances paid to the retiree and the designated survivor 44
867866 combined equals the amount of the accumulated contributions of the retiree at the date of 45
868867 retirement, then the excess, if any, excess of such those accumulated contributions over the total 46
869868 of the retirement allowances paid to the retiree and the survivor combined shall be paid in a lump 47
870869 sum to such person or persons as the beneficiary that the retiree shall have nominated designated 48
871870 by electronic submission in a form approved by the Board of Trustees or by written designation 49
872871 duly acknowledged and filed with the Board of Trustees, if such person or persons are Trustees. 50
873872 If no beneficiary is designated or living at the time such payment falls due, otherwise the lump 51 General Assembly Of North Carolina Session 2025
874-Page 18 House Bill 477-Third Edition
873+Page 18 House Bill 477-Second Edition
875874 sum payment becomes due under this subsection, then the payment shall be made to the retiree's 1
876875 legal representative." 2
877876 SECTION 8.(d) G.S. 120-4.27 reads as rewritten: 3
878877 "§ 120-4.27. Death benefit.while in service; fully contributory death benefit for retirees. 4
879878 (a) The designated beneficiary of a member who dies while in service after completing 5
880879 one year of creditable service shall receive a lump-sum payment of an amount equal to the 6
881880 deceased member's highest annual salary, to a maximum of fifteen thousand dollars ($15,000). 7
882881 For purposes of this death benefit "in service" means currently serving as a member of the North 8
883882 Carolina General Assembly. "In service" also means service in the Uniformed Services, as that 9
884883 term is defined in section 4303(16) of the Uniformed Services Employment and Reemployment 10
885884 Rights Act, Public Law 103-353, if that service begins during the member's term of office. If the 11
886885 participant does not return immediately after that service to employment with a covered employer 12
887886 in this Retirement System, then the participant shall be deemed "in service" until the date on 13
888887 which the participant was first eligible to be separated or released from his or her involuntary 14
889888 military service. 15
890889 The death benefit provided by this section shall be designated a group life insurance benefit 16
891890 payable under an employee welfare benefit plan that is separate and apart from the Retirement 17
892891 System but under which the members of the Retirement System shall participate and be eligible 18
893892 for group life insurance benefits. The Board of Trustees is authorized to provide the death benefit 19
894893 in the form of group life insurance either by purchasing a contract or contracts of group life 20
895894 insurance with any life insurance company or companies licensed and authorized to transact 21
896895 business in the State of North Carolina for the purpose of insuring the lives of qualified members 22
897896 in service, or by establishing or affiliating with a separate trust fund. 23
898897 Upon receipt of proof, satisfactory to the Board of Trustees, of the death of a retired member 24
899898 of the Retirement System or Retirement Fund on or after July 1, 1988, but before January 1, 25
900899 1999, there shall be paid a death benefit to the surviving spouse of a deceased retired member, 26
901900 or to the deceased retired member's legal representative if not survived by a spouse; provided the 27
902901 retired member has elected, when first eligible, to make, and has continuously made, in advance 28
903902 of his death required contributions as determined by the Retirement System on a fully 29
904903 contributory basis, through retirement allowance deductions or other methods adopted by the 30
905904 Retirement System, to a group death benefit trust fund administered by the Board of Trustees 31
906905 separate and apart from the Retirement System's Annuity Savings Fund and Pension 32
907906 Accumulation Fund. This death benefit shall be a lump-sum payment in the amount of five 33
908907 thousand dollars ($5,000) upon the completion of twenty-four months of contributions required 34
909908 under this subsection. Should death occur before the completion of twenty-four months of 35
910909 contributions required under this subsection, the deceased retired member's surviving spouse or 36
911910 legal representative if not survived by a spouse shall be paid the sum of the retired member's 37
912911 contributions required by this subsection plus interest to be determined by the Board of Trustees. 38
913912 Upon receipt of proof, satisfactory to the Board of Trustees, of the death of a retired member 39
914913 of the Retirement System or Retirement Fund on or after January 1, 1999, but before July 1, 40
915914 2004, there shall be paid a death benefit to the surviving spouse of a deceased retired member, 41
916915 or to the deceased retired member's legal representative if not survived by a spouse; provided the 42
917916 retired member has elected, when first eligible, to make, and has continuously made, in advance 43
918917 of his death required contributions as determined by the Retirement System on a fully 44
919918 contributory basis, through retirement allowance deductions or other methods adopted by the 45
920919 Retirement System, to a group death benefit trust fund administered by the Board of Trustees 46
921920 separate and apart from the Retirement System's Annuity Savings Fund and Pension 47
922921 Accumulation Fund. This death benefit shall be a lump-sum payment in the amount of six 48
923922 thousand dollars ($6,000) upon the completion of 24 months of contributions required under this 49
924923 subsection. Should death occur before the completion of 24 months of contributions required 50
925924 under this subsection, the deceased retired member's surviving spouse or legal representative if 51 General Assembly Of North Carolina Session 2025
926-House Bill 477-Third Edition Page 19
925+House Bill 477-Second Edition Page 19
927926 not survived by a spouse shall be paid the sum of the retired member's contributions required by 1
928927 this subsection plus interest to be determined by the Board of Trustees. 2
929928 Upon receipt of proof, satisfactory to the Board of Trustees, of the death of a retired member 3
930929 of the Retirement System or Retirement Fund on or after July 1, 2004, but before July 1, 2007, 4
931930 there shall be paid a death benefit to the surviving spouse of a deceased retired member, or to the 5
932931 deceased retired member's legal representative if not survived by a spouse; provided the retired 6
933932 member has elected, when first eligible, to make, and has continuously made, in advance of his 7
934933 death required contributions as determined by the Retirement System on a fully contributory 8
935934 basis, through retirement allowance deductions or other methods adopted by the Retirement 9
936935 System, to a group death benefit trust fund administered by the Board of Trustees separate and 10
937936 apart from the Retirement System's Annuity Savings Fund and Pension Accumulation Fund. This 11
938937 death benefit shall be a lump-sum payment in the amount of nine thousand dollars ($9,000) upon 12
939938 the completion of 24 months of contributions required under this subsection. Should death occur 13
940939 before the completion of 24 months of contributions required under this subsection, the deceased 14
941940 retired member's surviving spouse or legal representative if not survived by a spouse shall be 15
942941 paid the sum of the retired member's contributions required by this subsection plus interest to be 16
943942 determined by the Board of Trustees. 17
944943 Upon receipt of proof, satisfactory to the Board of Trustees, of the death of a retired member 18
945944 of the Retirement System or Retirement Fund on or after July 1, 2007, but before January 1, 19
946945 2015, there shall be paid a death benefit to the surviving spouse of a deceased retired member, 20
947946 or to the deceased retired member's legal representative if not survived by a spouse; provided the 21
948947 retired member has elected, when first eligible, to make, and has continuously made, in advance 22
949948 of his death required contributions as determined by the Retirement System on a fully 23
950949 contributory basis, through retirement allowance deductions or other methods adopted by the 24
951950 Retirement System, to a group death benefit trust fund administered by the Board of Trustees 25
952951 separate and apart from the Retirement System's Annuity Savings Fund and Pension 26
953952 Accumulation Fund. This death benefit shall be a lump-sum payment in the amount of ten 27
954953 thousand dollars ($10,000) upon the completion of 24 months of contributions required under 28
955954 this subsection. Should death occur before the completion of 24 months of contributions required 29
956955 under this subsection, the deceased retired member's surviving spouse or legal representative if 30
957956 not survived by a spouse shall be paid the sum of the retired member's contributions required by 31
958957 this subsection plus interest to be determined by the Board of Trustees. 32
959958 Upon receipt of proof, satisfactory to the Board of Trustees, of the death of a retired member 33
960959 of the Retirement System or Retirement Fund on or after January 1, 2015, there 34
961960 (b) All retired members may elect to participate in a fully contributory death benefit for 35
962961 retirees. All of the following apply to the fully contributory death benefit for retirees: 36
963962 (1) Elections to participate in the fully contributory death benefit for retirees shall 37
964963 be made prior to the member's death and no later than 60 calendar days from 38
965964 the effective date of the member's retirement. Elections shall be received by 39
966965 the Board of Trustees prior to the death of the retired member. 40
967966 (2) Retired members electing to receive a fully contributory death benefit under 41
968967 this subsection shall continuously pay monthly premiums on a fully 42
969968 contributory basis, as determined by the Board of Trustees. Premium 43
970969 payments shall be made through retirement allowance deductions or other 44
971970 methods adopted by the Board of Trustees. 45
972971 (3) If a retired member who has elected to receive a fully contributory death 46
973972 benefit under this subsection dies, then, upon receipt of proof of the death that 47
974973 is satisfactory to the Board of Trustees, a lump sum death benefit amount shall 48
975974 be paid a death benefit to the person or persons beneficiary or beneficiaries 49
976975 designated by the member or, if not survived by a designated beneficiary, 50
977976 member. If no beneficiary is designated or living, then the death benefit shall 51 General Assembly Of North Carolina Session 2025
978-Page 20 House Bill 477-Third Edition
977+Page 20 House Bill 477-Second Edition
979978 be paid to the deceased retired member's legal representative; provided the 1
980979 retired member has elected, when first eligible, to make, and has continuously 2
981980 made, in advance of the member's death required contributions as determined 3
982981 by the Retirement System on a fully contributory basis, through retirement 4
983982 allowance deductions or other methods adopted by the Retirement System, to 5
984983 a group death benefit trust fund, the North Carolina Teachers' and State 6
985984 Employees' Benefit Trust, administered by the Board of Trustees separate and 7
986985 apart from the Retirement System's Annuity Savings Fund and Pension 8
987986 Accumulation Fund. Employer and non-employer contributions to the Benefit 9
988987 Trust and earnings on those contributions are irrevocable. The assets of the 10
989988 Benefit Trust are dedicated to providing benefits to members and beneficiaries 11
990989 in accordance with the Plan's benefit terms. The assets of the Benefit Trust are 12
991990 not subject to the claims of creditors of the employees and non-employees 13
992991 making contributions to the Benefit Trust, are not subject to the claims of any 14
993992 creditors of the Benefit Trust's trustees and administrators, and are not subject 15
994993 to the claims of creditors of members and beneficiaries. Benefit Trust assets 16
995994 may be used for reasonable expenses to administer benefits provided by the 17
996995 Fund as approved by the Board of Trustees.representative. 18
997996 (4) A member shall designate a beneficiary or beneficiaries for the death benefit 19
998997 payable under this subsection by electronic submission in a form approved by 20
999998 the Board of Trustees or by written designation duly acknowledged and filed 21
1000999 with the Board of Trustees. 22
10011000 (5) The amount of the lump sum fully contributory death benefit payable under 23
10021001 this subsection shall be a lump-sum payment in the amount of is one of the 24
10031002 following: 25
10041003 a. If the death occurred on or after the first day of the twenty-fifth month 26
10051004 of coverage under this subsection, then the amount payable is ten 27
10061005 thousand dollars ($10,000) upon the completion of 24 months of 28
10071006 contributions required under this subsection. Should death occur 29
10081007 ($10,000). 30
10091008 b. If the death occurred before the completion of 24 months of 31
10101009 contributions required under this subsection, the deceased retired 32
10111010 member's designated beneficiary or beneficiaries, or legal 33
10121011 representative if not survived by a designated beneficiary, shall be paid 34
10131012 first day of the twenty-fifth month of coverage under this subsection, 35
10141013 then the amount payable is the sum of the retired member's 36
10151014 contributions required by premium payments made in accordance with 37
10161015 this subsection plus interest in an amount to be determined by the 38
10171016 Board of Trustees." 39
10181017 40
10191018 PART V. TECHNICAL AN D CONFORMING CHANGES RELATED TO 41
10201019 RECODIFICATION AND S TANDARDIZATION 42
10211020 SECTION 9.(a) G.S. 135-5(m) reads as rewritten: 43
10221021 "(m) Survivor's Alternate Benefit. – Upon the death of a member in service, the beneficiary 44
10231022 designated to receive a return of accumulated contributions shall have the right to elect to receive 45
10241023 in lieu thereof the reduced retirement allowance provided by Option 2 of subsection (g) above of 46
10251024 this section computed by assuming that the member had retired on the first day of the month 47
10261025 following the date of the member's death, provided that all four of the following conditions apply: 48
10271026 … 49
10281027 For the purpose of this benefit, a member is considered to be in service at the date of his the 50
10291028 member's death if his the death occurs within 180 days from the last day of his the member's 51 General Assembly Of North Carolina Session 2025
1030-House Bill 477-Third Edition Page 21
1029+House Bill 477-Second Edition Page 21
10311030 actual service. The last day of actual service shall be determined as provided in subsection (l) of 1
10321031 this section. G.S. 135-170. Upon the death of a member in service, the surviving spouse may 2
10331032 make all purchases for creditable service as provided for under this Chapter Article for which the 3
10341033 member had made application in writing prior to the date of death, provided that the date of death 4
10351034 occurred prior to or within 60 days after notification of the cost to make the purchase. The term 5
10361035 "in service" as used in this subsection includes a member in receipt of a benefit under the 6
10371036 Disability Income Plan as provided in Article 6 of this Chapter. 7
10381037 …." 8
10391038 SECTION 9.(b) G.S. 128-27(m) reads as rewritten: 9
10401039 "(m) Survivor's Alternate Benefit. – Upon the death of a member in service, the beneficiary 10
10411040 designated to receive a return of accumulated contributions shall have the right to elect to receive 11
10421041 in lieu thereof the reduced retirement allowance provided by Option two of subsection (g) above 12
10431042 of this section computed by assuming that the member had retired on the first day of the month 13
10441043 following the date of the member's death, provided that all four of the following conditions apply: 14
10451044 … 15
10461045 For the purpose of this benefit, a member is considered to be in service at the date of his the 16
10471046 member's death if his the death occurs within 180 days from the last day of his the member's 17
10481047 actual service. The last day of actual service shall be determined as provided in subsection (l) of 18
10491048 this section. G.S. 128-38.36. Upon the death of a member in service, the surviving spouse may 19
10501049 make all purchases for creditable service as provided for under this Chapter for which the 20
10511050 member had made application in writing prior to the date of death, provided that the date of death 21
10521051 occurred prior to or within 60 days after notification of the cost to make the purchase. 22
10531052 …." 23
10541053 SECTION 10.(a) G.S. 135-3(c) reads as rewritten: 24
10551054 "(c) Members who are participating in an intergovernmental exchange of personnel under 25
10561055 the provisions of Article 10 of Chapter 126 may retain their membership status and receive all 26
10571056 benefits provided by this Chapter during the period of the exchange provided the requirements 27
10581057 of Article 10 of Chapter 126 are met; provided further, that a met. A member participating in an 28
10591058 intergovernmental exchange of personnel under Article 10 of Chapter 126 shall, notwithstanding 29
10601059 whether the member and the member's employer are making contributions to the member's 30
10611060 account during the exchange period, be entitled to the death benefit and, if applicable, benefits 31
10621061 under the Death Benefit Plan under Article 8 of this Chapter, if the member otherwise qualifies 32
10631062 under the provisions of this Article and provided further Article, except that no duplicate benefits 33
10641063 shall be paid." 34
10651064 SECTION 10.(b) G.S. 128-24(6) reads as rewritten: 35
10661065 "(6) Employees of a sending agency participating in an intergovernmental exchange of 36
10671066 personnel under the provisions of Article 10 of Chapter 126 shall remain members entitled to all 37
10681067 benefits of the Retirement System provided that the requirements of Article 10 of Chapter 126 38
10691068 are met; provided further, that a met. A member may retain membership status while serving as 39
10701069 an assigned employee or employee on leave under the provisions of Article 10 of Chapter 126 40
10711070 for purposes of receiving the death benefit and, if applicable, benefits under the Death Benefit 41
10721071 Plan regardless of whether he and his the member and the member's employer are contributing 42
10731072 to his the member's account during the exchange period period, except that no duplicate benefits 43
10741073 shall be paid." 44
10751074 SECTION 11.(a) G.S. 135-8(f) reads as rewritten: 45
10761075 "(f) Collection of Contributions. – The following shall apply apply to the collection of 46
10771076 contributions:contributions under this Chapter: 47
10781077 …." 48
10791078 SECTION 11.(b) G.S. 128-30(g) reads as rewritten: 49
10801079 "(g) Collection of Contributions. – The following shall apply apply to the collection of 50
10811080 contributions:contributions under this Article: 51 General Assembly Of North Carolina Session 2025
1082-Page 22 House Bill 477-Third Edition
1081+Page 22 House Bill 477-Second Edition
10831082 …." 1
10841083 SECTION 12.(a) G.S. 143-166.60(b) reads as rewritten: 2
10851084 "(b) The Boards of Trustees of the Teachers' and State Employees' Retirement System and 3
10861085 the Local Governmental Employees' Retirement System shall jointly administer the Plan and 4
10871086 shall, under the terms and conditions otherwise appearing in this Article, provide Plan benefits 5
10881087 either (i) by establishing a separate trust fund or, (ii) by causing the Plan to affiliate with a master 6
10891088 trust, Plan. The Separate Insurance Benefits Plan is part of the North Carolina Teachers' and State 7
10901089 Employees' Benefits Trust, providing the same benefits for participants. Employer and 8
10911090 non-employer contributions to the Benefit Trust and earnings on those contributions are 9
10921091 irrevocable. The assets of the Benefit Trust are dedicated to providing benefits to participants, 10
10931092 surviving spouses, participants' estates, and persons named by the participant to receive the 11
10941093 benefit. The assets of the Benefit Trust are not subject to the claims of creditors of the employees 12
10951094 and non-employees making contributions to the Benefit Trust, are not subject to the claims of 13
10961095 any creditors of the Benefit Trust's trustees and administrators, and are not subject to the claims 14
10971096 of creditors of participants. Benefit Trust assets may be used for reasonable expenses to 15
10981097 administer benefits provided by the Fund as approved by the Board of Trustees.Benefit Trust 16
10991098 established under G.S. 135-154. All receipts, transfers, appropriations, contributions, investment 17
11001099 earnings, and other income belonging to the Separate Insurance Benefits Plan shall be deposited 18
11011100 in the Benefit Trust. All benefits and expenses against the Separate Insurance Benefits Plan for 19
11021101 retirees shall be disbursed from the Benefit Trust." 20
11031102 SECTION 12.(b) G.S. 143-166.70(5) is expired. 21
11041103 22
11051104 PART VI. SURVIVOR'S ALTERNATE BENEFIT C HANGES 23
11061105 SECTION 13.(a) G.S. 135-5(m)(1) expires June 30, 2025. 24
11071106 SECTION 13.(b) G.S. 135-5(m), as amended by Section 9(a) of this act, reads as 25
11081107 rewritten: 26
11091108 "(m) Survivor's Alternate Benefit. – Upon the death of a member in service, the beneficiary 27
11101109 designated to receive a return of accumulated contributions shall have the right to elect to receive 28
11111110 in lieu thereof the reduced retirement allowance provided by Option 2 of subsection (g) of this 29
11121111 section computed by assuming that the member had retired on the first day of the month following 30
11131112 the date of the member's death, provided that all four of the following conditions apply: 31
11141113 … 32
11151114 (1a) The member falls into one of the following categories: 33
11161115 a. The member had attained the minimum age, creditable service amount, 34
11171116 or combination of both necessary to be eligible to commence 35
11181117 retirement with an early or service retirement allowance. 36
11191118 b. The member had completed at least five years of membership service, 37
11201119 in which case the retirement allowance shall be computed in 38
11211120 accordance with G.S. 135-5(b21)(1)c. or G.S. 135-5(b21)(2)c., 39
11221121 whichever is applicable, notwithstanding any age or service 40
11231122 requirements. In no case shall the retirement allowance under this 41
11241123 sub-subdivision be less than the actuarial equivalent of the return of 42
11251124 accumulated contributions, computed using the beneficiary's age as of 43
11261125 the first day of the month following the date of the member's death. 44
11271126 (2) At the time of the member's death, one and only one beneficiary is eligible to 45
11281127 receive a return of his the member's accumulated contributions. 46
11291128 (3) The member had not instructed the Board of Trustees in writing that he the 47
11301129 member did not wish the provisions of this subsection to apply. 48
11311130 (4) The member had not commenced to receive a retirement allowance as 49
11321131 provided under this Chapter. 50
11331132 …." 51 General Assembly Of North Carolina Session 2025
1134-House Bill 477-Third Edition Page 23
1133+House Bill 477-Second Edition Page 23
11351134 SECTION 13.(c) Subsection (b) of this section is effective July 1, 2025, and applies 1
11361135 to member deaths occurring on or after that date. 2
11371136 SECTION 14.(a) G.S. 128-27(m)(1) expires on June 30, 2025. 3
11381137 SECTION 14.(b) G.S. 128-27(m), as amended by Section 9(b) of this act, reads as 4
11391138 rewritten: 5
11401139 "(m) Survivor's Alternate Benefit. – Upon the death of a member in service, the beneficiary 6
11411140 designated to receive a return of accumulated contributions shall have the right to elect to receive 7
11421141 in lieu thereof the reduced retirement allowance provided by Option two of subsection (g) of this 8
11431142 section computed by assuming that the member had retired on the first day of the month following 9
11441143 the date of the member's death, provided that all four of the following conditions apply: 10
11451144 … 11
11461145 (1a) The member falls into one of the following categories: 12
11471146 a. The member had attained the minimum age, creditable service amount, 13
11481147 or combination of both necessary to be eligible to commence 14
11491148 retirement with an early or service retirement allowance. 15
11501149 b. The member had completed at least five years of membership service, 16
11511150 in which case the retirement allowance shall be computed in 17
11521151 accordance with G.S. 128-27(b22)(1)c. or G.S. 128-27(b22)(2)c., 18
11531152 whichever is applicable, notwithstanding any age or service 19
11541153 requirements. In no case shall the retirement allowance under this 20
11551154 sub-subdivision be less than the actuarial equivalent of the return of 21
11561155 accumulated contributions, computed using the beneficiary's age as of 22
11571156 the first day of the month following the date of the member's death. 23
11581157 (2) At the time of the member's death, one and only one beneficiary is eligible to 24
11591158 receive a return of his the member's accumulated contributions. 25
11601159 (3) The member had not instructed the Board of Trustees in writing that he the 26
11611160 member did not wish the provisions of this subsection apply. 27
11621161 (4) The member had not commenced to receive a retirement allowance as 28
11631162 provided under this Chapter. 29
11641163 …." 30
11651164 SECTION 14.(c) Subsection (b) of this section is effective July 1, 2025, and applies 31
11661165 to member deaths occurring on or after that date. 32
11671166 SECTION 15.(a) G.S. 135-63(a1), as amended by Section 7(d) of this act, reads as 33
11681167 rewritten: 34
11691168 "(a1) Survivor's Alternate Benefit. – The surviving spouse of a member who was age 50 or 35
11701169 older with had completed at least five years of membership service at the time of death may elect 36
11711170 a survivor's alternate benefit. If the surviving spouse elects a survivor's alternate benefit, then the 37
11721171 lump-sum death benefit provided for under subsection (a) of this section shall consist only of a 38
11731172 payment equal to the member's final compensation and there shall be paid to the surviving spouse 39
11741173 an annual retirement allowance, payable monthly. The monthly payments shall commence on the 40
11751174 first day of the calendar month coinciding with or next following the death of the member. All 41
11761175 of the following apply to the survivor's alternate benefit: 42
11771176 … 43
11781177 (2) The amount of the survivor's alternate benefit retirement allowance shall be 44
11791178 equal to one half of the amount of the retirement allowance to which the 45
11801179 member would have been entitled had the member retired under the provisions 46
11811180 of G.S. 135-57(a) on the first day of the calendar month coinciding with or 47
11821181 next following the member's date of death, reduced by two percent (2%) 48
11831182 thereof for each full year, if any, by which the age of the member at his or her 49
11841183 date of death exceeds that of the member's spouse.spouse, notwithstanding 50
11851184 any age or service requirements. In no case shall the retirement allowance 51 General Assembly Of North Carolina Session 2025
1186-Page 24 House Bill 477-Third Edition
1185+Page 24 House Bill 477-Second Edition
11871186 under this subdivision be less than the actuarial equivalent of the return of 1
11881187 accumulated contributions, computed using the beneficiary's age as of the first 2
11891188 day of the month following the date of the member's death. 3
11901189 …." 4
11911190 SECTION 15.(b) G.S. 120-4.28 reads as rewritten: 5
11921191 "§ 120-4.28. Survivor's alternate benefit. 6
11931192 (a) The designated beneficiary of If a member who dies in service before retirement but 7
11941193 after age 60 and after completing five years of creditable service or after completing 12 years of 8
11951194 creditable service service, then the principal beneficiary designated by that member to receive a 9
11961195 return of accumulated contributions under G.S. 120-4.25 is entitled to Option 2 prescribed by 10
11971196 G.S. 120-4.26.G.S. 120-4.26, notwithstanding any age or service requirements. In no case shall 11
11981197 the retirement allowance under this subsection be less than the actuarial equivalent of the return 12
11991198 of accumulated contributions, computed using the beneficiary's age as of the first day of the 13
12001199 month following the date of the member's death. 14
12011200 (b) In the event that If a retirement allowance becomes payable under this section to the 15
12021201 principal beneficiary designated to receive a return of accumulated contributions pursuant to this 16
12031202 subsection and that principal beneficiary dies before the total of the retirement allowances paid 17
12041203 equals is equal to or greater than the amount of those the member's accumulated contributions 18
12051204 over the total of the retirement allowances paid to the beneficiary, contributions, then the 19
12061205 allowance excess of those accumulated contributions over the total of the retirement allowance 20
12071206 paid to the principal beneficiary shall be paid in a lump sum to the person or persons the member 21
12081207 has designated as the contingent beneficiary for return of accumulated contributions, if the person 22
12091208 or persons contributions under G.S. 120-4.25. 23
12101209 (c) If a retirement allowance becomes payable under this section and the principal 24
12111210 beneficiary is not living at the time the payment falls due, then the retirement allowance shall be 25
12121211 paid to the contingent beneficiary designated to receive a return of accumulated contributions 26
12131212 under G.S. 120-4.25. If that contingent beneficiary dies before the total of the retirement 27
12141213 allowances paid is equal to or greater than the amount of the member's accumulated 28
12151214 contributions, then the excess of those accumulated contributions over the total of the retirement 29
12161215 allowances paid to the contingent beneficiary shall be paid in a lump sum to the contingent 30
12171216 beneficiary's legal representative. 31
12181217 (d) If no beneficiaries are living at the time the payment required under this section first 32
12191218 falls due, otherwise to then the allowance shall be paid in a lump sum to the principal beneficiary's 33
12201219 legal representative. In the event that a retirement allowance becomes payable to the contingent 34
12211220 beneficiary designated to receive a return of accumulated contributions pursuant to subsection 35
12221221 (m) of this section and that beneficiary dies before the total of the retirement allowances paid 36
12231222 equals the amount of the accumulated contributions of the member at the date of the member's 37
12241223 death, the excess of those accumulated contributions over the total of the retirement allowances 38
12251224 paid to the beneficiary shall be paid in a lump sum to the contingent beneficiary's legal 39
12261225 representative." 40
12271226 SECTION 15.(c) This section is effective July 1, 2025, and applies to member deaths 41
12281227 occurring on or after that date. 42
1229-SECTION 15.(d) There is appropriated from the General Fund to the Department of 43
1230-State Treasurer the sum of two million seven hundred two thousand dollars ($2,702,000) in 44
1231-recurring funds for the 2025-2027 biennium to expand eligibility for the survivor's alternate 45
1232-benefit in the Teachers' and State Employees' Retirement System, the Local Governmental 46
1233-Employees' Retirement System, the Consolidated Judicial Retirement System, and the 47
1234-Legislative Retirement System. 48
1235- 49
1236-PART VII. ENSURE SUF FICIENT FUNDING FOR LINE OF DUTY DEATH 50
1237-BENEFITS 51 General Assembly Of North Carolina Session 2025
1238-House Bill 477-Third Edition Page 25
1239-SECTION 16.(a) G.S. 135-154, as created and amended by Part I of this act, is 1
1240-amended by adding a new subsection to read: 2
1241-"(e) Separate Fund for Line of Duty Death Benefits. – The Board of Trustees may make 3
1242-additional funding available to the Department of State Treasurer to ensure the timely payment 4
1243-of death benefits awarded by the Industrial Commission under the Public Safety Employees' 5
1244-Death Benefits Act, Article 12A of Chapter 143 of the General Statutes, by depositing a 6
1245-percentage of the State's employer contribution rate established for the benefits provided under 7
1246-G.S. 135-165 into a separate fund from the Benefits Trust. This percentage shall not exceed four 8
1247-hundredths percent (0.04%) in any given fiscal year. The Department of State Treasurer is 9
1248-authorized to use the funds deposited into this separate fund for the sole purpose of paying for 10
1249-death benefits awarded by the Industrial Commission under the Public Safety Employees' Death 11
1250-Benefits Act and may do so only if all other State funds appropriated to the Department for the 12
1251-fiscal year for the payment of those death benefits have been fully expended. Any funds deposited 13
1252-by the Department of State Treasurer into a separate fund in accordance with this subsection that 14
1253-remain unspent as of June 30 of the same fiscal year shall be transferred to the Benefit Fund as 15
1254-an additional employer contribution." 16
1255-SECTION 16.(b) This section becomes effective July 1, 2025. 17
1256- 18
1257-PART VIII. EFFECTIVE DATE 19
1258-SECTION 17. Except as otherwise provided, this act is effective when it becomes 20
1259-law. 21
1228+ 43
1229+PART VII. ENSURE SUF FICIENT FUNDING FOR LINE OF DUTY DEATH 44
1230+BENEFITS 45
1231+SECTION 16.(a) G.S. 135-154, as created and amended by Part I of this act, is 46
1232+amended by adding a new subsection to read: 47
1233+"(e) Separate Fund for Line of Duty Death Benefits. – The Board of Trustees may make 48
1234+additional funding available to the Department of State Treasurer to ensure the timely payment 49
1235+of death benefits awarded by the Industrial Commission under the Public Safety Employees' 50
1236+Death Benefits Act, Article 12A of Chapter 143 of the General Statutes, by depositing a 51 General Assembly Of North Carolina Session 2025
1237+House Bill 477-Second Edition Page 25
1238+percentage of the State's employer contribution rate established for the benefits provided under 1
1239+G.S. 135-165 into a separate fund from the Benefits Trust. This percentage shall not exceed four 2
1240+hundredths percent (0.04%) in any given fiscal year. The Department of State Treasurer is 3
1241+authorized to use the funds deposited into this separate fund for the sole purpose of paying for 4
1242+death benefits awarded by the Industrial Commission under the Public Safety Employees' Death 5
1243+Benefits Act and may do so only if all other State funds appropriated to the Department for the 6
1244+fiscal year for the payment of those death benefits have been fully expended. Any funds deposited 7
1245+by the Department of State Treasurer into a separate fund in accordance with this subsection that 8
1246+remain unspent as of June 30 of the same fiscal year shall be transferred to the Benefit Fund as 9
1247+an additional employer contribution." 10
1248+SECTION 16.(b) This section becomes effective July 1, 2025. 11
1249+ 12
1250+PART VIII. EFFECTIVE DATE 13
1251+SECTION 17. Except as otherwise provided, this act is effective when it becomes 14
1252+law. 15