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North Carolina House Bill H50

North Carolina 2025-2026 Regular Session

North Carolina House Bill H50 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 2
3+H 1
44 HOUSE BILL 50
5-Committee Substitute Favorable 3/18/25
5+
66
77 Short Title: LEO Special Separation Allowance Options. (Public)
8-Sponsors:
9-Referred to:
8+Sponsors: Representatives Pyrtle, Miller, Chesser, and Cotham (Primary Sponsors).
9+For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10+Referred to: Judiciary 1, if favorable, State and Local Government, if favorable, Pensions and
11+Retirement, if favorable, Rules, Calendar, and Operations of the House
1012 February 5, 2025
11-*H50-v-2*
13+*H50-v-1*
1214 A BILL TO BE ENTITLED 1
1315 AN ACT PROVIDING AN ADDITIONAL SPECIAL SEPARATION ALLOWANCE OPTION 2
1416 FOR STATE AND LOCAL LAW ENFORCEMENT OFFI CERS WITH AT LEAST 3
1517 THIRTY YEARS OF CREDITABLE SERVICE. 4
1618 The General Assembly of North Carolina enacts: 5
1719 SECTION 1. G.S. 143-166.41 reads as rewritten: 6
1820 "§ 143-166.41. Special separation allowance.allowance options for State law enforcement 7
1921 officers. 8
2022 (a) Annual Special Separation Allowance. – Notwithstanding any other provision of law, 9
2123 every sworn law-enforcement officer as defined by G.S. 135-1(11c) or G.S. 143-166.30(a)(4) 10
2224 employed by a State department, agency, or institution who qualifies under this section shall 11
2325 receive, receive an annual special separation allowance beginning in the month in which he the 12
2426 officer retires on a basic service retirement under the provisions of G.S. 135-5(a), an annual 13
2527 separation allowance equal to eighty-five hundredths percent (0.85%) of the annual equivalent 14
2628 of the base rate of compensation most recently applicable to him for each year of creditable 15
2729 service. G.S. 135-5(a). The allowance shall be paid in equal installments on the payroll frequency 16
2830 used by the employer. To qualify for the allowance the officer shall: 17
2931 (1) Have (i) completed 30 or more years of creditable service or, (ii) have attained 18
3032 55 years of age and completed five or more years of creditable service; and 19
3133 (2) Not have attained 62 years of age; and 20
3234 (3) Have completed at least five years of continuous service as a law enforcement 21
3335 officer as herein defined immediately preceding a service retirement. Any 22
3436 break in the continuous service required by this subsection because of 23
3537 disability retirement or disability salary continuation benefits shall not 24
3638 adversely affect an officer's qualification to receive the allowance, provided 25
3739 the officer returns to service within 45 days after the disability benefits cease 26
3840 and is otherwise qualified to receive the allowance.employer from which the 27
3941 officer retired. 28
4042 (a1) Repealed by Session Laws 2014-88, s. 3(j), effective July 30, 2014. 29
4143 (b) As used in this section, "creditable service" means the Definitions. – The following 30
4244 definitions apply in this section: 31
4345 (1) Allowance. – The annual special separation allowance for State law 32
44-enforcement officers provided for under this section. 33
45-(2) Creditable service. – The service for which credit is allowed under the 34
46-retirement system of which the officer is a member, provided that at least fifty 35 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 50-Second Edition
48-percent (50%) of the service is as a law enforcement officer as herein defined 1
49-or as a probation/parole officer as defined in G.S. 135-1(17a).member. 2
50-(3) Law enforcement officer. – As defined in either G.S. 135-1 or 3
51-G.S. 143-166.30(a). 4
52-(4) Officer. – A law enforcement officer. 5
53-(5) Probation/parole officer. – As defined in G.S. 135-1. 6
54-(b1) Eligibility for Allowance and Calculation of Allowance Amount. – To be eligible for 7
55-an allowance under this section, an officer is required to meet one of the following sets of criteria 8
56-that shall also determine the allowance amount: 9
57-(1) For officers meeting all of the following criteria, the annual special separation 10
58-allowance to be paid is equal to eighty-five hundredths percent (0.85%) of the 11
59-annual base rate of compensation most recently applicable to the officer for 12
60-each year of that officer's creditable service: 13
61-a. The officer (i) has completed 30 or more years of creditable service or 14
62-(ii) is 55 years of age or older and completed five or more years of 15
63-creditable service. 16
64-b. The officer is less than 62 years of age. 17
65-c. The officer has completed at least five years of continuous service as 18
66-a law enforcement officer immediately preceding the officer's service 19
67-retirement. Any break in this required continuous service that is a 20
68-result of disability retirement or disability salary continuation benefits 21
69-shall not adversely affect an officer's qualification to receive an 22
70-allowance under this subdivision so long as the officer returned to 23
71-service within 45 days after the disability benefits had ceased and is 24
72-otherwise qualified to receive the allowance. 25
73-d. At least fifty percent (50%) of the officer's creditable service is as a 26
74-law enforcement officer, or for service prior to July 1, 2017, as a 27
75-probation/parole officer. 28
76-(2) For officers meeting all of the following criteria, the annual special separation 29
77-allowance to be paid is equal to eighty-five hundredths percent (0.85%) of the 30
78-annual equivalent of the base rate of compensation at the time the officer 31
79-attained 30 years of service multiplied by 30: 32
80-a. Prior to attaining 62 years of age, the officer has completed 30 or more 33
81-years of creditable service, at least fifty percent (50%) of which was 34
82-as a law enforcement officer, or for service prior to July 1, 2017, as a 35
83-probation/parole officer. 36
84-b. The officer has completed at least five years of continuous service as 37
85-a law enforcement officer immediately preceding the officer's service 38
86-retirement. Any break in this required continuous service that is a 39
87-result of disability retirement or disability salary continuation benefits 40
88-shall not adversely affect an officer's qualification to receive an 41
89-allowance under this subdivision so long as the officer returned to 42
90-service within 45 days after the disability benefits had ceased and is 43
91-otherwise qualified to receive the allowance. 44
92-If an officer meets all of the criteria under each subdivision of this subsection, then the 45
93-employer making the allowance payments shall allow the officer to choose which of the two 46
94-calculation formulas to use for that officer's allowance. This election by the officer is a one-time, 47
95-irrevocable election and shall be made prior to the first allowance payment. If no election is made 48
96-by the officer, then the calculation amount under subdivision (2) of this subsection shall be used. 49
97-(c) Cessation of Payment. – Payment of the allowance to a retired officer under the 50
98-provisions of this section shall cease at the first of:occurrence of one of the following: 51 General Assembly Of North Carolina Session 2025
99-House Bill 50-Second Edition Page 3
100-(1) The death of the officer;officer. 1
101-(2) The last day of the month in which either of the following applies: 2
102-a. If the officer is receiving an allowance in an amount determined under 3
103-subdivision (b1)(1) of this section, the officer attains 62 years of age; 4
104-orage. 5
105-b. If the officer is receiving an allowance in an amount determined under 6
106-subdivision (b1)(2) of this section, there has been a period of receiving 7
107-the allowance that is equivalent to the total of 62 years minus the age 8
108-at which the officer first completed 30 years of creditable service. 9
109-(3) The first day of reemployment by any State department, agency, or institution, 10
110-except that this subdivision does not apply to an officer returning to State 11
111-employment in a position exempt from the North Carolina Human Resources 12
112-Act in an agency other than the agency from which that officer retired. 13
113-(d) Impact of Other Benefits or Actions. – This section does not affect the benefits to 14
114-which an individual may be entitled from State, federal, or private retirement systems. The 15
115-benefits payable under this section shall not be subject to any increases in salary or retirement 16
116-allowances that may be authorized by the General Assembly for employees of the State or retired 17
117-employees of the State. 18
118-(e) Eligibility Determinations. – The head of each State department, agency, or institution 19
119-shall determine the eligibility of employees for the benefits provided herein.under this section. 20
120-(f) Transfer of Funds. – The Director of the Budget may authorize from time to time the 21
121-transfer of funds within the budgets of each State department, agency, or institution necessary to 22
122-carry out the purposes of this Article. section. These funds shall be taken from those funds 23
123-appropriated to the department, agency, or institution for salaries and related fringe benefits. 24
124-(g) Responsibility for Payment. – The head of each State department, agency, or 25
125-institution shall make the payments set forth in subsection (a) this section to those persons 26
126-certified under subsection (e) of this section from funds available under subsection (f).(f) of this 27
127-section." 28
128-SECTION 2. G.S. 143-166.42 reads as rewritten: 29
129-"§ 143-166.42. Special separation allowances allowance options for local law enforcement 30
130-officers. 31
131-(a) Annual Special Separation Allowance. – On and after January 1, 1987, every sworn 32
132-law enforcement officer as defined by G.S. 128-21(11d) or G.S. 143-166.50(a)(3) employed by 33
133-a local government employer who qualifies under this section shall receive, receive an annual 34
134-special separation allowance beginning in the month in which the officer retires on a basic service 35
135-retirement under the provisions of G.S. 128-27(a), an annual separation allowance equal to 36
136-eighty-five hundredths percent (0.85%) of the annual equivalent of the base rate of compensation 37
137-most recently applicable to the officer for each year of creditable service. G.S. 128-27(a). The 38
138-allowance shall be paid in equal installments on the payroll frequency used by the employer. To 39
139-qualify for the allowance, the officer shall: 40
140-(1) Have (i) completed 30 or more years of creditable service or (ii) have attained 41
141-55 years of age and completed five or more years of creditable service; and 42
142-(2) Not have attained 62 years of age; and 43
143-(3) Have completed at least five years of continuous service as a law enforcement 44
144-officer as herein defined immediately preceding a service retirement. Any 45
145-break in the continuous service required by this subsection because of 46
146-disability retirement or disability salary continuation benefits shall not 47
147-adversely affect an officer's qualification to receive the allowance, provided 48
148-the officer returns to service within 45 days after the disability benefits cease 49
149-and is otherwise qualified to receive the allowance.employer from which the 50
150-officer retired. 51 General Assembly Of North Carolina Session 2025
151-Page 4 House Bill 50-Second Edition
152-(b) As used in this section, "creditable service" means the service Definitions. – The 1
153-following definitions apply in this section: 2
154-(1) Allowance. – The annual special separation allowance for local law 3
155-enforcement officers provided for under this section. 4
156-(2) Creditable service. – The service for which credit is allowed under the 5
157-retirement system of which the officer is a member, provided that at least fifty 6
158-percent (50%) of the service is as a law enforcement officer as herein 7
159-defined.member. 8
160-(3) Law enforcement officer. – As defined in G.S. 128-21 or G.S. 143-166.50(a). 9
161-(4) Officer. – Law enforcement officer. 10
162-(b1) Qualification for Allowance and Calculation of Allowance. – To be eligible for an 11
163-allowance under this section, an officer is required to meet one of the following sets of criteria, 12
164-which shall also determine the allowance amount: 13
165-(1) For officers meeting all of the following criteria, the annual special separation 14
166-allowance to be paid is equal to eighty-five hundredths percent (0.85%) of the 15
167-annual base rate of compensation most recently applicable to the officer for 16
168-each year of that officer's creditable service: 17
169-a. The officer (i) has completed 30 or more years of creditable service or 18
170-(ii) is 55 years of age or older and completed five or more years of 19
171-creditable service. 20
172-b. The officer is less than 62 years of age. 21
173-c. The officer has completed at least five years of continuous service as 22
174-a law enforcement officer immediately preceding the officer's service 23
175-retirement. Any break in this required continuous service that is a 24
176-result of disability retirement or disability salary continuation benefits 25
177-shall not adversely affect an officer's qualification to receive an 26
178-allowance under this subdivision so long as the officer returned to 27
179-service within 45 days after the disability benefits had ceased and is 28
180-otherwise qualified to receive the allowance. 29
181-d. At least fifty percent (50%) of the officer's creditable service is as a 30
182-law enforcement officer. 31
183-(2) For officers meeting all of the following criteria, the annual special separation 32
184-allowance to be paid is equal to eighty-five hundredths percent (0.85%) of the 33
185-annual equivalent of the base rate of compensation at the time the officer 34
186-attained 30 years of service multiplied by 30: 35
187-a. Prior to attaining 62 years of age, the officer has completed 30 or more 36
188-years of creditable service, at least fifty percent (50%) of which was 37
189-as a law enforcement officer. 38
190-b. The officer has completed at least five years of continuous service as 39
191-a law enforcement officer immediately preceding the officer's service 40
192-retirement. Any break in this required continuous service that is a 41
193-result of disability retirement or disability salary continuation benefits 42
194-shall not adversely affect an officer's qualification to receive an 43
195-allowance under this subdivision so long as the officer returned to 44
196-service within 45 days after the disability benefits had ceased and is 45
197-otherwise qualified to receive the allowance. 46
198-If an officer meets all of the criteria under each subdivision of this subsection, then the 47
199-employer making the allowance payments shall allow the officer to choose which of the two 48
200-calculation formulas to use for that officer's allowance. This election by the officer is a one-time, 49
201-irrevocable election and shall be made prior to the first allowance payment. If no election is made 50
202-by the officer, then the calculation amount under subdivision (2) of this subsection shall be used. 51 General Assembly Of North Carolina Session 2025
203-House Bill 50-Second Edition Page 5
204-(c) Cessation of Payment. – Payment of the allowance to a retired officer under the 1
205-provisions of this section shall cease at the first of:occurrence of one of the following: 2
206-(1) The death of the officer;officer. 3
207-(2) The last day of the month in which either of the following applies: 4
208-a. If the officer is receiving an allowance in an amount determined under 5
209-subdivision (b1)(1) of this section, the officer attains 62 years of age; 6
210-orage. 7
211-b. If the officer is receiving an allowance in an amount determined under 8
212-subdivision (b1)(2) of this section, there has been a period of receiving 9
213-the allowance that is equivalent to the total of 62 years minus the age 10
214-at which the officer first completed 30 years of creditable service. 11
215-(3) The first day of reemployment by a local government employer in any 12
216-capacity. 13
217-(c1) Exceptions to the Cessation of Payments. – Notwithstanding the provisions of 14
218-subdivision (3) of subsection (c) of this section, payments to a retired officer shall not cease when 15
219-a local government employer employs a retired officer for any of the following:in any of the 16
220-following manners: 17
221-(1) In a public safety position in a capacity not requiring participation in the Local 18
222-Governmental Employees' Retirement System. 19
223-(2) In service to a county board of elections on an election day or during the hours 20
224-for early voting under Part 5 of Article 14A of Chapter 163 of the General 21
225-Statutes in a capacity that complies with G.S. 128-21(19) and does not result 22
226-in cessation or suspension of the retiree's benefit from the Local Government 23
227-Employees' Retirement System. 24
228-(d) Impact of Other Benefits or Actions. – This section does not affect the benefits to 25
229-which an individual may be entitled from State, local, federal, or private retirement systems. The 26
230-benefits payable under this section shall not be subject to any increases in salary or retirement 27
231-allowances that may be authorized by local government employers or for retired employees of 28
232-local governments. 29
233-(e) Eligibility Determinations. – The governing body of each local employer shall 30
234-determine the eligibility of employees for the benefits provided herein.under this section. 31
235-(f) Responsibility for Payment. – The governing body of each local employer shall make 32
236-the payments set forth in subsection (a) of this section to those persons certified under subsection 33
237-(e) of this section from funds available." 34
238-SECTION 3. This act becomes effective July 1, 2025, and applies to law 35
239-enforcement officers retiring on or after that date. 36
46+enforcement officers provided for under this section. 33 General Assembly Of North Carolina Session 2025
47+Page 2 House Bill 50-First Edition
48+(2) Creditable service. – The service for which credit is allowed under the 1
49+retirement system of which the officer is a member, provided that at least fifty 2
50+percent (50%) of the service is as a law enforcement officer as herein defined 3
51+or as a probation/parole officer as defined in G.S. 135-1(17a).officer. 4
52+(3) Law enforcement officer. – As defined in either G.S. 135-1 or 5
53+G.S. 143-166.30(a). 6
54+(4) Officer. – A law enforcement officer. 7
55+(5) Probation/parole officer. – As defined in G.S. 135-1. 8
56+(b1) Eligibility for Allowance and Calculation of Allowance Amount. – To be eligible for 9
57+an allowance under this section, an officer is required to meet one of the following sets of criteria 10
58+that shall also determine the allowance amount: 11
59+(1) For officers meeting all of the following criteria, the annual special separation 12
60+allowance to be paid is equal to eighty-five hundredths percent (0.85%) of the 13
61+annual base rate of compensation most recently applicable to the officer for 14
62+each year of that officer's creditable service: 15
63+a. The officer (i) has completed 30 or more years of creditable service or 16
64+(ii) is 55 years of age or older and completed five or more years of 17
65+creditable service. 18
66+b. The officer is less than 62 years of age. 19
67+c. The officer has completed at least five years of continuous service as 20
68+a law enforcement officer immediately preceding the officer's service 21
69+retirement. Any break in this required continuous service that is a 22
70+result of disability retirement or disability salary continuation benefits 23
71+shall not adversely affect an officer's qualification to receive an 24
72+allowance under this subdivision so long as the officer returned to 25
73+service within 45 days after the disability benefits had ceased and is 26
74+otherwise qualified to receive the allowance. 27
75+(2) For officers meeting all of the following criteria, the annual special separation 28
76+allowance to be paid is equal to eighty-five hundredths percent (0.85%) of the 29
77+annual equivalent of the base rate of compensation at the time the officer 30
78+attained 30 years of service multiplied by 30: 31
79+a. The officer has completed 30 or more years of creditable service prior 32
80+to attaining 62 years of age. 33
81+b. The officer has completed at least five years of continuous service as 34
82+a law enforcement officer immediately preceding the officer's service 35
83+retirement. Any break in this required continuous service that is a 36
84+result of disability retirement or disability salary continuation benefits 37
85+shall not adversely affect an officer's qualification to receive an 38
86+allowance under this subdivision so long as the officer returned to 39
87+service within 45 days after the disability benefits had ceased and is 40
88+otherwise qualified to receive the allowance. 41
89+If an officer meets all of the criteria under each subdivision of this subsection, then the 42
90+employer making the allowance payments shall allow the officer to choose which of the two 43
91+calculation formulas to use for that officer's allowance. This election by the officer is a one-time, 44
92+irrevocable election and shall be made prior to the first allowance payment. If no election is made 45
93+by the officer, then the calculation amount under subdivision (2) of this subsection shall be used. 46
94+(c) Cessation of Payment. – Payment of the allowance to a retired officer under the 47
95+provisions of this section shall cease at the first of:occurrence of one of the following: 48
96+(1) The death of the officer;officer. 49
97+(2) The last day of the month in which either of the following applies: 50 General Assembly Of North Carolina Session 2025
98+House Bill 50-First Edition Page 3
99+a. If the officer is receiving an allowance in an amount determined under 1
100+subdivision (b1)(1) of this section, the officer attains 62 years of age; 2
101+orage. 3
102+b. If the officer is receiving an allowance in an amount determined under 4
103+subdivision (b1)(2) of this section, there has been a period of receiving 5
104+the allowance that is equivalent to the total of 62 years minus the age 6
105+at which the officer first completed 30 years of creditable service. 7
106+(3) The first day of reemployment by any State department, agency, or institution, 8
107+except that this subdivision does not apply to an officer returning to State 9
108+employment in a position exempt from the North Carolina Human Resources 10
109+Act in an agency other than the agency from which that officer retired. 11
110+(d) Impact of Other Benefits or Actions. – This section does not affect the benefits to 12
111+which an individual may be entitled from State, federal, or private retirement systems. The 13
112+benefits payable under this section shall not be subject to any increases in salary or retirement 14
113+allowances that may be authorized by the General Assembly for employees of the State or retired 15
114+employees of the State. 16
115+(e) Eligibility Determinations. – The head of each State department, agency, or institution 17
116+shall determine the eligibility of employees for the benefits provided herein.under this section. 18
117+(f) Transfer of Funds. – The Director of the Budget may authorize from time to time the 19
118+transfer of funds within the budgets of each State department, agency, or institution necessary to 20
119+carry out the purposes of this Article. section. These funds shall be taken from those funds 21
120+appropriated to the department, agency, or institution for salaries and related fringe benefits. 22
121+(g) Responsibility for Payment. – The head of each State department, agency, or 23
122+institution shall make the payments set forth in subsection (a) this section to those persons 24
123+certified under subsection (e) of this section from funds available under subsection (f).(f) of this 25
124+section." 26
125+SECTION 2. G.S. 143-166.42 reads as rewritten: 27
126+"§ 143-166.42. Special separation allowances allowance options for local law enforcement 28
127+officers. 29
128+(a) Annual Special Separation Allowance. – On and after January 1, 1987, every sworn 30
129+law enforcement officer as defined by G.S. 128-21(11d) or G.S. 143-166.50(a)(3) employed by 31
130+a local government employer who qualifies under this section shall receive, receive an annual 32
131+special separation allowance beginning in the month in which the officer retires on a basic service 33
132+retirement under the provisions of G.S. 128-27(a), an annual separation allowance equal to 34
133+eighty-five hundredths percent (0.85%) of the annual equivalent of the base rate of compensation 35
134+most recently applicable to the officer for each year of creditable service. G.S. 128-27(a). The 36
135+allowance shall be paid in equal installments on the payroll frequency used by the employer. To 37
136+qualify for the allowance, the officer shall: 38
137+(1) Have (i) completed 30 or more years of creditable service or (ii) have attained 39
138+55 years of age and completed five or more years of creditable service; and 40
139+(2) Not have attained 62 years of age; and 41
140+(3) Have completed at least five years of continuous service as a law enforcement 42
141+officer as herein defined immediately preceding a service retirement. Any 43
142+break in the continuous service required by this subsection because of 44
143+disability retirement or disability salary continuation benefits shall not 45
144+adversely affect an officer's qualification to receive the allowance, provided 46
145+the officer returns to service within 45 days after the disability benefits cease 47
146+and is otherwise qualified to receive the allowance.employer from which the 48
147+officer retired. 49
148+(b) As used in this section, "creditable service" means the service Definitions. – The 50
149+following definitions apply in this section: 51 General Assembly Of North Carolina Session 2025
150+Page 4 House Bill 50-First Edition
151+(1) Allowance. – The annual special separation allowance for local law 1
152+enforcement officers provided for under this section. 2
153+(2) Creditable service. – The service for which credit is allowed under the 3
154+retirement system of which the officer is a member, provided that at least fifty 4
155+percent (50%) of the service is as a law enforcement officer as herein 5
156+defined.officer. 6
157+(3) Law enforcement officer. – As defined in G.S. 128-21 or G.S. 143-166.50(a). 7
158+(4) Officer. – Law enforcement officer. 8
159+(b1) Qualification for Allowance and Calculation of Allowance. – To be eligible for an 9
160+allowance under this section, an officer is required to meet one of the following sets of criteria, 10
161+which shall also determine the allowance amount: 11
162+(1) For officers meeting all of the following criteria, the annual special separation 12
163+allowance to be paid is equal to eighty-five hundredths percent (0.85%) of the 13
164+annual base rate of compensation most recently applicable to the officer for 14
165+each year of that officer's creditable service: 15
166+a. The officer (i) has completed 30 or more years of creditable service or 16
167+(ii) is 55 years of age or older and completed five or more years of 17
168+creditable service. 18
169+b. The officer is less than 62 years of age. 19
170+c. The officer has completed at least five years of continuous service as 20
171+a law enforcement officer immediately preceding the officer's service 21
172+retirement. Any break in this required continuous service that is a 22
173+result of disability retirement or disability salary continuation benefits 23
174+shall not adversely affect an officer's qualification to receive an 24
175+allowance under this subdivision so long as the officer returned to 25
176+service within 45 days after the disability benefits had ceased and is 26
177+otherwise qualified to receive the allowance. 27
178+(2) For officers meeting all of the following criteria, the annual special separation 28
179+allowance to be paid is equal to eighty-five hundredths percent (0.85%) of the 29
180+annual equivalent of the base rate of compensation at the time the officer 30
181+attained 30 years of service multiplied by 30: 31
182+a. The officer has completed 30 or more years of creditable service prior 32
183+to attaining 62 years of age. 33
184+b. The officer has completed at least five years of continuous service as 34
185+a law enforcement officer immediately preceding the officer's service 35
186+retirement. Any break in this required continuous service that is a 36
187+result of disability retirement or disability salary continuation benefits 37
188+shall not adversely affect an officer's qualification to receive an 38
189+allowance under this subdivision so long as the officer returned to 39
190+service within 45 days after the disability benefits had ceased and is 40
191+otherwise qualified to receive the allowance. 41
192+If an officer meets all of the criteria under each subdivision of this subsection, then the 42
193+employer making the allowance payments shall allow the officer to choose which of the two 43
194+calculation formulas to use for that officer's allowance. This election by the officer is a one-time, 44
195+irrevocable election and shall be made prior to the first allowance payment. If no election is made 45
196+by the officer, then the calculation amount under subdivision (2) of this subsection shall be used. 46
197+(c) Cessation of Payment. – Payment of the allowance to a retired officer under the 47
198+provisions of this section shall cease at the first of:occurrence of one of the following: 48
199+(1) The death of the officer;officer. 49
200+(2) The last day of the month in which either of the following applies: 50 General Assembly Of North Carolina Session 2025
201+House Bill 50-First Edition Page 5
202+a. If the officer is receiving an allowance in an amount determined under 1
203+subdivision (b1)(1) of this section, the officer attains 62 years of age; 2
204+orage. 3
205+b. If the officer is receiving an allowance in an amount determined under 4
206+subdivision (b1)(2) of this section, there has been a period of receiving 5
207+the allowance that is equivalent to the total of 62 years minus the age 6
208+at which the officer first completed 30 years of creditable service. 7
209+(3) The first day of reemployment by a local government employer in any 8
210+capacity. 9
211+(c1) Exceptions to the Cessation of Payments. – Notwithstanding the provisions of 10
212+subdivision (3) of subsection (c) of this section, payments to a retired officer shall not cease when 11
213+a local government employer employs a retired officer for any of the following:in any of the 12
214+following manners: 13
215+(1) In a public safety position in a capacity not requiring participation in the Local 14
216+Governmental Employees' Retirement System. 15
217+(2) In service to a county board of elections on an election day or during the hours 16
218+for early voting under Part 5 of Article 14A of Chapter 163 of the General 17
219+Statutes in a capacity that complies with G.S. 128-21(19) and does not result 18
220+in cessation or suspension of the retiree's benefit from the Local Government 19
221+Employees' Retirement System. 20
222+(d) Impact of Other Benefits or Actions. – This section does not affect the benefits to 21
223+which an individual may be entitled from State, local, federal, or private retirement systems. The 22
224+benefits payable under this section shall not be subject to any increases in salary or retirement 23
225+allowances that may be authorized by local government employers or for retired employees of 24
226+local governments. 25
227+(e) Eligibility Determinations. – The governing body of each local employer shall 26
228+determine the eligibility of employees for the benefits provided herein.under this section. 27
229+(f) Responsibility for Payment. – The governing body of each local employer shall make 28
230+the payments set forth in subsection (a) of this section to those persons certified under subsection 29
231+(e) of this section from funds available." 30
232+SECTION 3. This act becomes effective July 1, 2025, and applies to law 31
233+enforcement officers retiring on or after that date. 32