GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

SESSION LAW 2009-11

HOUSE BILL 94

AN ACT to amend the definition of retirement To clarify that service as an unpaid volunteer in a local school administrative unit is not considered service for the purpose of that definition.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 135-1(20) reads as rewritten:

"(20)    "Retirement" means the termination of employment and the complete separation from active service with no intent or agreement, express or implied, to return to service. A retirement allowance under the provisions of this Chapter may only be granted upon retirement of a member. In order for a member's retirement to become effective in any month, the member must render no service, including part-time, temporary, substitute, or contractor service, at any time during the six months immediately following the effective date of retirement. For purposes of this subdivision, service as a member of a school board or as an unpaid bona fide volunteer in a local school administrative unit shall not be considered service."

SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 24^th day of March, 2009.

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                    s/  Beverly E. Perdue

                                                                         Governor

Approved 5:00 p.m. this 26^th day of March, 2009