North Carolina HB 1419: Firefighters' & Rescue Workers' Retirement.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H 1
HOUSE BILL 1419

Short Title: Firefighters' & Rescue Workers' Retirement. (Public)
Sponsors: Representatives Wright; M. Crawford and Jeffus.
Referred to: Pensions and Retirement.
April 26, 2001

A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE FOR CAREER FIREFIGHTERS' AND RESCUE SQUAD 2
WORKERS' BENEFITS IN THE LOCAL GOVERNMENTAL EMPLOYEES' 3
RETIREMENT SYSTEM. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 128-21 is amended by adding two new subdivisions to 6
read: 7
"(17a) "Career firefighter" means a person (i) who is a full-time paid 8
employee of an employer that participates in the Local Governmental 9
Employees' Retirement System and maintains a fire department 10
certified by the North Carolina Department of Insurance, and (ii) who 11
is actively serving in a position with assigned primary duties and 12
responsibilities for the prevention, detection, and suppression of fire. 13
(17b) "Career rescue squad worker" means a person (i) who is a full-time 14
paid employee of an employer that participates in the Local 15
Governmental Employees' Retirement System and maintains a rescue 16
squad or emergency medical services team certified by the North 17
Carolina Department of Insurance, and (ii) who is actively serving in a 18
position with assigned primary duties and responsibilities for the 19
alleviation of human suffering and assistance to persons who are in 20
difficulty, who are injured, or who become suddenly ill, by providing 21
proper and efficient care or emergency medical services." 22
SECTION 2. G. S. 128-27(b18) read as rewritten: 23
"(b18) Service Retirement Allowance of Member Retiring on or After July 1, 2000. 24
2000, but Before January 1, 2002. – Upon retirement from service in accordance with 25
subsection (a) or (a1) above, on or after July 1, 2000, a member shall receive the 26
following service retirement allowance: 27

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2001
Page 2 House Bill 1419 - First Edition
(1) A member who is a law enforcement officer or an eligible former law 1
enforcement officer shall receive a service retirement allowance 2
computed as follows: 3
a. If the member's service retirement date occurs on or after his 4
55th birthday and completion of five years of creditable service 5
as a law enforcement officer, or after the completion of 30 years 6
of creditable service, the allowance shall be equal to one and 7
seventy-eight hundredths percent (1.78%) of his average final 8
compensation, multiplied by the number of years of his 9
creditable service. 10
b. If the member's service retirement date occurs on or after his 11
50th birthday and before his 55th birthday with 15 or more 12
years of creditable service as a law enforcement officer and 13
prior to the completion of 30 years of creditable service, his 14
retirement allowance shall be equal to the greater of: 15
1. The service retirement allowance payable under G.S. 16
128-27(b18)(1)a. reduced by one-third of one percent 17
(1/3 of 1%) thereof for each month by which his 18
retirement date precedes the first day of the month 19
coincident with or next following the month the member 20
would have attained his 55th birthday; 21
2. The service retirement allowance as computed under 22
G.S. 128-27(b18)(1)a. reduced by five percent (5%) 23
times the difference between 30 years and his creditable 24
service at retirement. 25
(2) A member who is not a law enforcement officer or an eligible former 26
law enforcement officer shall receive a service retirement allowance 27
computed as follows: 28
a. If the member's service retirement date occurs on or after his 29
65th birthday upon the completion of five years of creditable 30
service or after the completion of 30 years of creditable service 31
or on or after his 60th birthday upon the completion of 25 years 32
of creditable service, the allowance shall be equal to one and 33
seventy-eight hundredths percent (1.78%) of average final 34
compensation, multiplied by the number of years of creditable 35
service. 36
b. If the member's service retirement date occurs after his 60th 37
birthday and before his 65th birthday and prior to his 38
completion of 25 years or more of creditable service, his 39
retirement allowance shall be computed as in G.S. 128-40
27(b18)(2)a. but shall be reduced by one-quarter of one percent 41
(1/4 of 1%) thereof for each month by which his retirement date 42
precedes the first day of the month coincident with or next 43
following his 65th birthday. 44

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2001
House Bill 1419 - First Edition Page 3
c. If the member's early service retirement date occurs on or after 1
his 50th birthday and before his 60th birthday and after 2
completion of 20 years of creditable service but prior to the 3
completion of 30 years of creditable service, his early service 4
retirement allowance shall be equal to the greater of: 5
1. The service retirement allowance as