North Carolina SB 701: Bring Back Our Heroes.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 701

Short Title: Bring Back Our Heroes. (Public)
Sponsors: Senators Britt, B. Newton, and Johnson (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S701-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW FOR THE CONTINUATION OF RETIREMENT BENEFITS FOR 2
CERTAIN LAW ENFORCEMENT OFFICERS AND TO PROVIDE AN ADDITIONAL 3
SPECIAL SEPARATION ALLOWANCE OPTION FOR STATE AND LOCAL LAW 4
ENFORCEMENT OFFICERS WITH AT LEAST THIRTY YEARS OF CREDITABLE 5
SERVICE. 6
The General Assembly of North Carolina enacts: 7
8
PART I. ALLOW FOR THE CONTINUATION OF RETIREMENT BENEFITS FOR 9
CERTAIN LAW ENFORCEMENT OFFICERS 10
11
IN SERVICE RETIREMENT ALLOWANCE DISTRIBUTIONS FOR CERTAIN LAW 12
ENFORCEMENT OFFICERS 13
SECTION 1.1.(a) Article 1 of Chapter 135 of the General Statutes is amended by 14
adding a new section to read: 15
"§ 135-5.6. In service distributions; certain State law enforcement officers. 16
(a) Notwithstanding any provisions of this Article to contrary, both of the following shall 17
apply to a member who is an employed or retired law enforcement officer: 18
(1) If the member is in service as a law enforcement officer who has reached 59.5 19
years of age, the member may elect to receive any retirement allowance for 20
which the member is otherwise eligible if the member has not separated from 21
service as a law enforcement officer with the employer under which the 22
member will begin receiving the retirement allowance. 23
(2) If the member is a retired law enforcement officer, after a bona fide separation 24
from service of not less than six months, the member may return to service as 25
a law enforcement officer with the employer under which the member began 26
receiving a retirement allowance and continue to receive that retirement 27
allowance. 28
(b) If a member in service elects to begin receiving a retirement allowance under this 29
subsection, then member is required, at the time of the election to begin receiving the allowance, 30
to make any elections and creditable service purchases that a member would be required to make 31
at, or prior to, retirement. This includes the election to begin making contributions to the retiree 32
death benefit under G.S. 135-5 and the election to transfer Supplement Retirement Income Plan 33
benefits under G.S. 143-166.30(d). 34

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 701-First Edition
(c) A member receiving a retirement allowance in accordance with this subsection shall 1
not accrue any additional membership service for any employment while the member is receiving 2
the retirement allowance. 3
(d) Notwithstanding any requirement in this Article requiring a member to make 4
employee contributions, once a member elects to begin receiving a retirement allowance under 5
this section, and while receiving that retirement allowance, the member will stop making 6
employee contributions to the Retirement System and the employer will be required to make 7
payments to the Retirement System in an amount equal to (i) the employer contributions required 8
under this Chapter, and (ii) the employee contributions the member would have otherwise been 9
required under this Article to make to the Annuity Savings Fund. The gross salary or wage paid 10
to a member who is receiving a retirement allowance under this section shall be reduced as if the 11
member was making the employee contribution otherwise required under this Article. 12
(e) A member receiving a retirement allowance under this section is not eligible to 13
participate in the Disability Income Plan of North Carolina under Article 6 of Chapter 135 of the 14
General Statutes. If the member becomes mentally or physically incapacitated and unable to 15
further perform duties of the member's employment while receiving a retirement allowance under 16
this section, then that member will continue to receive the retirement allowance that they had 17
elected to receive under this section. 18
(f) A member receiving a retirement allowance under this section is not eligible for State 19
contributions to the Supplemental Retirement Income Plan under G.S. 143-166.30(e). All State 20
contributions to the member's Supplemental Retirement Income Plan shall cease upon the 21
member's election to receive a retirement allowance under this section. 22
(g) A member receiving a retirement allowance under this section is eligible for benefits 23
under Article 12A of Chapter 143 of the General Statutes provided that the member meets the 24
conditions for eligibility required under the Public Safety Employees' Death Benefits Act. 25
(h) If a member receiving a retirement allowance under this section dies without having 26
otherwise separated from service from the employer under which the member had begun 27
receiving the retirement allowance, then the member will be treated as retired for the purpose of 28
a death benefit under G.S. 135-5