NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1225

SENATE BILL 1056

 

 

AN ACT TO ALLOW UNUSED SICK LEAVE AS CREDITABLE SERVICE AND TO LIMIT THE EFFECT OF LUMP SUM PAYMENTS IN COMPUTING AVERAGE FINAL COMPENSATION IN THE LAW ENFORCEMENT OFFICERS' BENEFIT AND RETIREMENT FUND.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 143-166(i) is amended by adding a new sentence at the end of the second paragraph to read:

"Compensation on which the member contributes shall not include any payments for unused sick leave."

Sec. 2.  G.S. 143-166(i) is further amended by deleting in the third paragraph thereof the word "and" following the phrase "(2) A sum not to exceed three times the value of service of such member as determined by the Board of Commissioners;" and further deleting in the third paragraph the phrase "(3) A sum not to exceed ten percent (10%) of gross salary that would have been paid to the retiring members, had he been compensated for all accumulated sick leave at the time of retirement, which amount would be in lieu of any other compensation for accumulated sick leave;".

Sec. 3.  G.S. 143-166(i) is further amended by rewriting the first sentence of the fourth paragraph to read:

"It shall be the duty of the State of North Carolina to finance and contribute for the benefit of each member employed by the State as a law enforcement officer a five percent (5%) contribution in addition to employer contribution provided in paragraph (i) of this Article."

Sec. 4.  G.S. 143-166(y) is amended by adding a new sentence at the end of the second paragraph to read:

"When the last 12 months of compensation prior to retirement are used in computing average final compensation, the compensation for such 12-month period shall not include any payments for unused sick leave."

Sec. 5.  G.S. 143-166(y) is further amended by adding a new paragraph following the second paragraph thereof to read:

"On and after July 1, 1980, creditable service on which the retirement allowance is based shall include one month of credit for each 20 days or fraction thereof of sick leave standing to the member's credit upon retirement, as certified by the member's employer, but not to exceed one month's credit for each two years of membership service or fraction thereof earned by the member. Unused sick leave for purposes of this section shall not be deemed to be standing to the credit of the member to the extent the member is compensated for such leave. Creditable service for purposes of determining eligibility for service retirement, disability retirement, early retirement, a vested deferred allowance, or any other benefit allowed under this Article shall not include unused sick leave standing to the credit of the member."

Sec. 6.  There is hereby appropriated the sums of five hundred thirteen thousand five hundred dollars ($513,500) from the General Fund and one hundred thirty-six thousand three hundred fifty dollars ($136,350) from the Highway Fund to a Statewide Reserve for fiscal year 1980-81 to cover the provisions of this act for both locally employed officers and officers employed by the State at an employer's contribution rate of fifty one-hundredths percent (0.50%) of payroll.

Sec. 7.  This act shall become effective July 1, 1980.

In the General Assembly read three times and ratified, this the 24th day of June, 1980.