NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 515

HOUSE BILL 481

 

 

AN ACT TO AMEND CHAPTER 128 OF THE GENERAL STATUTES RELATING TO THE NORTH CAROLINA LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 128‑24, Subsection 4, is hereby amended by rewriting all of paragraph "a" thereof to read as follows:

"a.        Notwithstanding any other provision of this Chapter, any member who separates from service prior to the time he shall have attained the age of sixty years, or if a uniformed policeman or fireman prior to the time he shall have attained the age of fifty‑five years, for any reason other than death or retirement for disability as provided in G.S. 128‑27, Subsection (c), after completing twenty or more years of creditable service, and who leaves his total accumulated contributions in the Retirement System, shall have the right to retire on a deferred retirement allowance upon the date he shall have attained the age of sixty years, or if a uniformed policeman or fireman upon the date he shall have attained the age of fifty‑five years; provided that such member may retire only upon written application to the board of trustees setting forth at what time, not less than thirty days nor more than ninety days next following the date of filing such application, he desires to be retired. Such deferred retirement allowance shall be computed in accordance with the provisions of G.S. 128‑27, Subsection (b), paragraphs (1), (2) and (3)."

Sec. 2.  (a) Subdivision (2) of Subsection (d) of G.S. 128‑27 is hereby amended by striking out the word "sixty" in lines 2 and 3 and inserting in each place in lieu thereof the word "sixty‑five".

(b)        Subsection (f) of G.S. 128‑27, as the same appears in the 1959 Supplement to the General Statutes, is hereby amended by rewriting the last sentence to read as follows:

"Notwithstanding any other provision of Chapter 128, there shall be deducted from any amount otherwise payable hereunder any amount due any participating employer by the member by reason of any outstanding overpayment of salary or by reason of the embezzlement of fees collected by the member for any participating employer; provided that, notwithstanding any other provisions of this Chapter, even if the member fails to demand the return of his accumulated contributions within ninety days from the day he ceases to be an employee, any amount due such participating employer by reason of any outstanding overpayment of salary or embezzlement of fees shall be paid to such participating employer upon demand; provided, further, that such participating employer shall have notified the executive secretary of any amount so due and that the Retirement System shall have no liability for amounts so deducted and transmitted to such participating employer nor for any failure by the Retirement System for any reason to make such deductions."

(c)        G.S. 128‑27 is hereby amended by adding a new subsection at the end thereof, to be designated as Subsection (i), and to read as follows:

"(i)        No action shall be commenced against the State or the Retirement System by any retired member or beneficiary respecting any deficiency in the payment of benefits more than three years after such dificient payment was made, and no action shall be commenced by the State or the Retirement System against any retired member or former member or beneficiary respecting any overpayment of benefits or contributions more than three years after such overpayment was made."

Sec. 3.  G.S. 128‑28 is hereby amended by rewriting Subsection (c) thereof to read as follows:

"(c)       Members of Board. The board shall consist of the board of trustees of the teachers' and State employees' Retirement System, and two local governmental officials designated by the Governor. One local governmental official shall be a mayor, a member of the governing body, or a full‑time officer of a city or town participating in the Retirement System, and one local governmental official shall be a county commissioner or a full‑time officer of a county participating in the Retirement System. The Governor shall designate these two local governmental officials on April 1 of years in which an election is held for the office of Governor, or as soon thereafter as possible, and the two local governmental officials designated by the Governor shall serve on the board in addition to the regular duties of their city, town, or county office: Provided that if for any reason any local governmental official so designated vacates the city, town, or county office which he held at the time of this designation, the Governor shall designate some other local governmental official to serve until the next regular date for the designation of local governmental officials to serve on the board."

Sec. 4.  Subsection (e) of G.S. 128‑28 is hereby amended by striking out the period at the end, inserting a colon in lieu thereof, and adding the following:

"Provided, that where a local governmental official designated by the Governor has taken an oath of office in connection with the local governmental office that he holds, the oath for his local governmental office shall be deemed to be sufficient, and he shall not be required to take the oath hereinabove provided."

Sec. 5.  The paragraph designated as "(2)" of G.S. 128‑21, as the same appears in the 1959 Cumulative Supplement to the General Statutes, is hereby amended by adding immediately after the word "health" in the last line the following words:

"any other separate, local governmental entity".

Sec. 6.  Subsection (f) of G.S. 128‑27, as the same appears in the 1959 Cumulative Supplement to the General Statutes, is hereby amended by striking out the period at the end of the first sentence, inserting a semicolon in lieu thereof, and adding the following words:

"Provided that, if the member at the time of separation from service shall have attained the age of sixty years or is otherwise entitled to a retirement allowance under this Chapter, he shall be paid the amount of his accumulated contributions plus the full amount of his accumulated regular interest thereon."

Sec. 7.  Subdivision (3) of Subsection (d) of G.S. 128‑27 and all other laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 8.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 26th day of May, 1961.