GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H D
HOUSE BILL DRH10109-MRp-64
Short Title: Military to Teacher Ret. Incentive. (Public)
Sponsors: Representative Biggs.
Referred to:
*DRH10109 -MRp-64*
A BILL TO BE ENTITLED 1
AN ACT TO INCENTIVIZE INDIVIDUALS WITH ACTIVE DUTY SERVICE IN THE 2
ARMED FORCES OF THE UNITED STATES TO BECOME TEACHERS BY 3
PROVIDING SERVICE CREDIT UNDER THE TEACHERS ' AND STATE EMPLOYEES ' 4
RETIREMENT SYSTEM . 5
The General Assembly of North Carolina enacts: 6
SECTION 1. G.S. 135-4 reads as rewritten: 7
"§ 135-4. Creditable service. 8
… 9
(a1) The following definitions apply in this section: 10
(1) Active duty. – As defined in 38 U.S.C. § 101, except that this term does not 11
include periods of active duty in the Armed Forces of the United States 12
creditable in any other retirement system except the National Guard and does 13
not include periods of active duty for training. 14
(2) Active duty for training. – As defined in 38 U.S.C. § 101. 15
(3) Service in the uniformed services. – As defined in 38 U.S.C. § 4303. 16
… 17
(f) Armed Service Credit. –All of the following apply to certain service in the Armed 18
Forces of the United States: 19
… 20
(g) Teachers and other State employees who served in the uniformed services as defined 21
in the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 22
4303, services, who were not dishonorably discharged, and who returned to the service of the 23
State within a period of two years from date of discharge shall be credited with prior service for 24
such the period of service in the uniformed services for the maximum period that they are entitled 25
to reemployment under the Uniformed Services Employment and Reemployment Rights Act of 26
1994, 38 U.S.C. § 4301, et seq., or other federal law, and the salary or compensation of such a 27
the teacher or State employee during that period of service is deemed to be that salary or 28
compensation the employee would have received but for the period of service had the employee 29
remained continuously employed, if the determination of that salary or compensation is 30
reasonably certain. If the determination of the salary or compensation is not reasonably certain, 31
then it is deemed to be that employee's average rate of compensation during the 12-month period 32
immediately preceding the period of service. When a member who has served in the uniformed 33
services returns to work in compliance with the conditions of this subsection, that member's 34
employer shall remit to the System all employer and employee contributions for the full period 35
of that member's military service. 36
H.B. 498
Mar 24, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRH10109-MRp-64
(g1) Notwithstanding any other provision of this Article to the contrary, a member with 1
active duty service in the uniformed services who subsequently becomes a teacher is eligible for 2
creditable service in accordance with this subsection. All of the following apply: 3
(1) In order to be eligible for creditable service under this subsection, the 4
following criteria shall be met: 5
a. The member was not dishonorably discharged from service in the 6
uniformed services. 7
b. The member's active duty service in the uniformed services occurred 8
prior to that member's employment as a teacher and was not concurrent 9
with any time period for which membership service was earned in the 10
Retirement System. 11
c. The member has satisfied the licensure requirements to be a teacher 12
pursuant to G.S. 115C-270.20. 13
d. The member is currently employed as a teacher. Satisfactory evidence 14
of the active duty service in the uniformed services claimed by the 15
member shall be submitted to the Board of Trustees prior to that 16
member's separation from service as a teacher or retirement. 17
(2) The amount of creditable service for which a member is eligible under this 18
subsection shall not exceed four years. Subject to this maximum, the amount 19
of service credit a member receives under this subsection is equal to length of 20
the member's active duty service in the uniformed services. For periods of 21
service in the uniformed services that exceed four years, a member may 22
purchase credit for that excess service under G.S. 135-4.5, subject to the 23
qualifications and limitations under that section. 24
(3) The member's employer shall pay a lump sum amount credited to the Pension 25
Accumulation Fund for a member receiving creditable service under this 26
subsection. The amount payable shall be equal to the full liability increase of 27
the Retirement System due to the additional service credit plus an 28
administrative fee that is set by the Board of Trustees. The full liability 29
increase shall be calculated on the basis of the same assumptions used for the 30
purposes of the actuarial valuation of the liabilities of the Retirement System, 31
except for the following assumptions specific to this calculation: (i) the 32
allowance shall be assumed to commence at the earliest age at which the 33
member could retire on an unreduced retirement allowance and (ii) there shall 34
be assumed annual postretirement allowance increases set by the Board of 35
Trustees upon the advice of the consulting actuary. 36
…." 37
SECTION 2.(a) G.S. 135-4(f)(1) and G.S. 135-4(f)(2) are repealed. 38
SECTION 2.(b) G.S. 135-5(a3)(1) reads as rewritten: 39
"(1) Determine an amount equal to the member's accumulated contributions as 40
required under G.S. 135-8(b)(1) for all years during which the member earned 41
membership service, other than service earned through armed service credit 42
under G.S. 135-4(f), G.S. 135-4(g), G.S. 135-4 or G.S. 135-4.5, used in the 43
calculation of the retirement allowance that the member would receive under 44
this section." 45
SECTION 2.(c) G.S. 128-27(a3)(1) reads as rewritten: 46
"(1) Determine an amount equal to the member's accumulated contributions as 47
required under G.S. 128-30(b)(1) for all years during which the member 48
earned membership service, other than service earned through armed service 49
credit under G.S. 128-26(a1), G.S. 128-26(j1), G.S. 128-26 or G.S. 128-26.5, 50 General Assembly Of North Carolina Session 2025
DRH10109-MRp-64 Page 3
used in the calculation of the retirement allowance that the member would 1
receive under this section." 2
SECTION 3. This act is effective when it becomes law and applies to members who 3
are first hired as teachers on or after that date. 4