North Carolina HB 753: Law Enforcement Officers Return to Work.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 753

Short Title: LEOs Return to Work. (Public)
Sponsors: Representatives Carson Smith, Pyrtle, Greene, and Miller (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Pensions and Retirement, if favorable, Appropriations, if favorable, Rules,
Calendar, and Operations of the House
April 7, 2025
*H753-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW FOR THE CONTINUATION OF RETIREMENT BENEFITS FOR 2
CERTAIN LAW ENFORCEMENT OFFICERS. 3
The General Assembly of North Carolina enacts: 4
5
PART I. ALLOW FOR THE CONTINUATION OF RETIREMENT BENEFITS FOR 6
CERTAIN LAW ENFORCEMENT OFFICERS 7
8
IN SERVICE RETIREMENT ALLOWANCE DISTRIBUTIONS FOR CERTAIN LAW 9
ENFORCEMENT OFFICERS 10
SECTION 1.1.(a) Article 1 of Chapter 135 of the General Statutes is amended by 11
adding a new section to read: 12
"§ 135-5.8. In service distributions; certain State law enforcement officers. 13
(a) Notwithstanding any provisions of this Article to contrary, both of the following shall 14
apply to a member who is an employed or retired law enforcement officer: 15
(1) If the member is in service as a law enforcement officer who has reached 59.5 16
years of age, the member may elect to receive any retirement allowance for 17
which the member is otherwise eligible if the member has not separated from 18
service as a law enforcement officer with the employer under which the 19
member will begin receiving the retirement allowance. 20
(2) If the member is a retired law enforcement officer, after a bona fide separation 21
from service of not less than six months, the member may return to service as 22
a law enforcement officer and continue to receive that retirement allowance. 23
(b) If a member in service elects to begin receiving a retirement allowance under 24
subdivision (a)(1) of this section, then the member is required, at the time of the election to begin 25
receiving the allowance, to make any elections and creditable service purchases that a member 26
would be required to make at, or prior to, retirement. This includes the election to begin making 27
contributions to the retiree death benefit under G.S. 135-5 and the election to transfer Supplement 28
Retirement Income Plan benefits under G.S. 143-166.30(d). 29
(c) A member receiving a retirement allowance in accordance with this section shall not 30
accrue any additional membership service for any employment while the member is receiving 31
the retirement allowance. 32
(d) Notwithstanding any requirement in this Article that a member make employee 33
contributions, once a member elects to begin receiving a retirement allowance under subdivision 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 753-First Edition
(a)(1) of this section or return to service under subdivision (a)(2) of this section, and while 1
receiving a retirement allowance, the member will stop making, or for a return to service will not 2
begin to make, employee contributions to the Retirement System and the employer will be 3
required to make payments to the Retirement System in an amount equal to (i) the employer 4
contributions required under this Chapter and (ii) the employee contributions the member would 5
have otherwise been required under this Article to make to the Annuity Savings Fund. The gross 6
salary or wage paid to a member who is receiving a retirement allowance under this section shall 7
be reduced as if the member was making the employee contribution otherwise required under 8
this Article. 9
(e) A member receiving a retirement allowance under this section is not eligible to 10
participate in the Disability Income Plan of North Carolina under Article 6 of Chapter 135 of the 11
General Statutes. If the member becomes mentally or physically incapacitated and unable to 12
further perform duties of the member's employment while receiving a retirement allowance under 13
this section, then that member will continue to receive the retirement allowance that they had 14
elected to receive under this section. 15
(f) A member receiving a retirement allowance under this section is not eligible for State 16
contributions to the Supplemental Retirement Income Plan under G.S. 143-166.30(e). All State 17
contributions to the member's Supplemental Retirement Income Plan shall cease upon the 18
member's election to receive a retirement allowance under this section. 19
(g) A member receiving a retirement allowance under this section is eligible for benefits 20
under Article 12A of Chapter 143 of the General Statutes provided that the member meets the 21
conditions for eligibility required under the Public Safety Employees' Death Benefits Act. 22
(h) If a member receiving a retirement allowance under this section dies without having 23
otherwise separated from service from the employer, then the member will be treated as retired 24
for the purpose of a death benefit under G.S. 1