North Carolina HB 487: Shorter Separation for Retired Assistant District Attorneys and Assistant Public Defenders.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 487
Committee Substitute Favorable 4/9/25

Short Title: Shorter Separation for Retired ADAs and APDs. (Public)
Sponsors:
Referred to:
March 25, 2025
*H487-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW CERTAIN RETIRED ASSISTANT DISTRICT ATTORNEYS AND 2
RETIRED ASSISTANT PUBLIC DEFENDERS TO RETURN TO WORK FOR THE 3
STATE AFTER A TWO-MONTH 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 earned at least five years of 16
membership service as an assistant district attorney or assistant public 17
defender, as certified by the Administrative Office of the Courts, the 18
Conference of District Attorneys, or the Director of Indigent Services, the 19
period of separation required is two months if the beneficiary becomes 20
employed by the Judicial Branch. A member who is a full-time faculty 21
member of The University of North Carolina may effect a retirement 22
allowance under this Chapter, notwithstanding the six-month requirement 23
above, provided the member immediately enters the University's Phased 24
Retirement Program for Tenured Faculty as that program existed on May 25, 25
2011. For purposes of this subdivision, all of the following shall not be 26
considered service or work: 27
...." 28
SECTION 1.(b) G.S. 135-3(d) reads as rewritten: 29
"(d) If a beneficiary who retired on an early or service retirement allowance under this 30
Chapter is reemployed by, or otherwise engaged to perform services for, an employer 31
participating in the Retirement System on a part-time, temporary, interim, or on a fee for service 32
basis, whether contractual or otherwise at any time during (i) the six months immediately 33
following the effective date of retirement, retirement or, (ii) if the beneficiary earned at least five 34
years of membership service as an assistant district attorney or assistant public defender, as 35
certified by the Administrative Office of the Courts, the Conference of District Attorneys, or the 36

General Assembly Of North Carolina Session 2025
Page 2 House Bill 487-Second Edition
Director of Indigent Services, the two months immediately following the effective date of 1
retirement if the beneficiary becomes employed by the Judicial Branch, then the option of the 2
following subdivisions that has the lesser financial impact on the member, as determined by the 3
Retirement System, shall be applied: 4
...." 5
SECTION 1.(c) G.S. 135-106(b) reads as rewritten: 6
"(b) After the commencement of benefits under this section, the benefits payable under 7
the terms of this section during the first 36 months of the long-term disability period shall be 8
equal to sixty-five percent (65%) of 1/12th of the annual base rate of compensation last payable 9
to the participant or beneficiary prior to the beginning of the short-term disability period as may 10
be adjusted for percentage increases as provided under G.S. 135-108, plus sixty-five percent 11
(65%) of 1/12th of the annual longevity payment to which the participant or beneficiary would 12
be eligible, to a maximum of three thousand nine hundred dollars ($3,900) per month reduced by 13
any primary Social Security disability benefits to which the beneficiary may be entitled, effective 14
as of the first of the month following the month of initial entitlement, and by monthly payments 15
for Workers' Compensation to which the participant or beneficiary may be entitled. When 16
primary Social Security disability benefits are increased by cost-of-living adjustments, the 17
increased reduction shall be applied in the first month following the month in which the member 18
becomes entitled to the increased Social Security benefit. The monthly benefit shall be further 19
reduced by the amount of any monthly payments from the federal Department of Veterans 20
Affairs, any other federal agency or any payments made under the provisions of G.S. 127A-108, 21
to which the participant or beneficiary may be entitled on account of the same disability. 22
Provided, in any event, the benefit payable shall be no less than ten dollars ($10.00) a month. 23
However, a disabled participant may elect to receive any salary continuation as