North Carolina SB 364: Shorter Separation for Retired ADAs and APDs.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 364

Short Title: Shorter Separation for Retired ADAs and APDs. (Public)
Sponsors: Senators Alexander and Johnson (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 24, 2025
*S364-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW RETIRED ASSISTANT DISTRICT ATTORNEYS AND RETIRED 2
ASSISTANT PUBLIC DEFENDERS TO RETURN TO WORK FOR THE STATE AFTER 3
A THIRTY-DAY SEPARATION. 4
The General Assembly of North Carolina enacts: 5
SECTION 1.(a) G.S. 135-1(20) reads as rewritten: 6
(20) "Retirement" under this Chapter, except as otherwise provided, means the 7
commencement of monthly retirement benefits along with termination of 8
employment and the complete separation from active service with no intent or 9
agreement, express or implied, to return to service. A retirement allowance 10
under the provisions of this Chapter may only be granted upon retirement of 11
a member. In order for a member's retirement to become effective in any 12
month, the member must perform no work for an employer, including 13
part-time, temporary, substitute, or contractor work, at any time during the six 14
months immediately following the effective date of retirement. retirement, 15
except that in the case of a member who is a retired assistant district attorney 16
or retired assistant public defender, the period of separation required is 30 17
days. A member who is a full-time faculty member of The University of North 18
Carolina may effect a retirement allowance under this Chapter, 19
notwithstanding the six-month requirement above, provided the member 20
immediately enters the University's Phased Retirement Program for Tenured 21
Faculty as that program existed on May 25, 2011. For purposes of this 22
subdivision, all of the following shall not be considered service or work: 23
...." 24
SECTION 1.(b) G.S. 135-3(d) reads as rewritten: 25
"(d) If a beneficiary who retired on an early or service retirement allowance under this 26
Chapter is reemployed by, or otherwise engaged to perform services for, an employer 27
participating in the Retirement System on a part-time, temporary, interim, or on a fee for service 28
basis, whether contractual or otherwise at any time during (i) the six months immediately 29
following the effective date of retirement, retirement or, (ii) if the beneficiary is a retired assistant 30
district attorney or retired assistant public defender, the 30 days immediately following the 31
effective date of retirement, then the option of the following subdivisions that has the lesser 32
financial impact on the member, as determined by the Retirement System, shall be applied: 33
...." 34
SECTION 1.(c) G.S. 135-106(b) reads as rewritten: 35

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 364-First Edition
"(b) After the commencement of benefits under this section, the benefits payable under 1
the terms of this section during the first 36 months of the long-term disability period shall be 2
equal to sixty-five percent (65%) of 1/12th of the annual base rate of compensation last payable 3
to the participant or beneficiary prior to the beginning of the short-term disability period as may 4
be adjusted for percentage increases as provided under G.S. 135-108, plus sixty-five percent 5
(65%) of 1/12th of the annual longevity payment to which the participant or beneficiary would 6
be eligible, to a maximum of three thousand nine hundred dollars ($3,900) per month reduced by 7
any primary Social Security disability benefits to which the beneficiary may be entitled, effective 8
as of the first of the month following the month of initial entitlement, and by monthly payments 9
for Workers' Compensation to which the participant or beneficiary may be entitled. When 10
primary Social Security disability benefits are increased by cost-of-living adjustments, the 11
increased reduction shall be applied in the first month following the month in which the member 12
becomes entitled to the increased Social Security benefit. The monthly benefit shall be further 13
reduced by the amount of any monthly payments from the federal Department of Veterans 14
Affairs, any other federal agency or any payments made under the provisions of G.S. 127A-108, 15
to which the participant or beneficiary may be entitled on account of the same disability. 16
Provided, in any event, the benefit payable shall be no less than ten dollars ($10.00) a month. 17
However, a disabled participant may elect to receive any salary continuation as provided in 18
G.S. 135-104 in lieu of long-term disability benefits; provided such election shall not extend the 19
first 36 consecutive calendar months of the long-term disability period. An election to receive 20
any salary continuation for any part of any given day shall be in lieu of any long-term benefit 21
payable for that day, provided further, any lump-sum payout for vacation leave shall be treated 22
as if the beneficiary