State Codes and Statutes

Statutes > North-carolina > Chapter_128 > GS_128-23

§128‑23.  Acceptance by cities, towns and counties.

(a)        Pursuant to thefavorable vote of a majority of the employees of any incorporated city or town,the governing body may, by resolution legally adopted and approved by the Boardof Trustees, elect to have its employees become eligible to participate in theRetirement System, and the said municipal governing body may make the necessaryappropriation therefor and if necessary levy annually taxes for payment of thesame.

(b)        Pursuant to thefavorable vote of a majority of the employees of the county, the board ofcommissioners of any county may, by resolution legally adopted and approved bythe Board of Trustees, elect to have its employees become eligible toparticipate in the Retirement System.  Each county is authorized to makeappropriations for these purposes and to fund them by levy of property taxespursuant to G.S. 153‑65 and by the allocation of other revenues whose useis not otherwise restricted by law.

(c)        Any eligibleemployer desiring to participate in the Retirement System shall file with theBoard of Trustees an application for participation under the conditionsincluded in this Article on a form approved by the Board of Trustees.  In suchapplication the employer shall agree to make the contributions required ofparticipating employers, to deduct from the salaries of employees who maybecome members the contributions required of members under this Article, and totransmit such contributions to the Board of Trustees.  It shall also agree to makethe employer's contributions for the participation in the Retirement System ofall employees entering the service of the employer, after its participationbegins, who shall become members.

(d)        Such contributionsas are made by employers shall be regarded as additions to the compensation ofsuch employees as are members of the Retirement System and deducted therefromfor the purpose of making the employer's contribution, in addition to thededuction from the compensation of employees on account of member contributions.

(e)        The agreement ofsuch employer to contribute on account of its employees shall be irrevocable,but should an employer for any reason become financially unable to make thenormal and accrued liability contributions payable on account of its employees,then such employer shall be deemed to be in temporary default.  Such temporarydefault shall not relieve such employer from any liability for itscontributions payable on account of its employees.

Notwithstanding anything tothe contrary, the Retirement System shall not be liable for the payment of anypensions or other benefits on account of the employees or pensioners of anyemployer under this Article, for which reserves have not been previouslycreated from funds contributed by such employer or its employees for suchbenefits.

(f)         Effective January1, 1955, there shall be three classes of employers to be designated Class A,Class B and Class C, respectively.  Each employer whose date of participationoccurs before July 1, 1951, shall be a Class A employer unless such an employerby written notice filed with the Board of Trustees on or before June 30, 1951,elected to be a Class B employer.  Each employer whose date of participationoccurs on or after July 1, 1951, but before January 1, 1955, shall be a Class Aemployer.  Each employer whose date of participation occurs on or after January1, 1955, shall be a Class C employer.

(g)        Notwithstanding anyother provisions of this Article, any employer who is not a participatingemployer and who employs law enforcement officers transferred from the LawEnforcement Officers' Retirement System to this Retirement System on January 1,1986, or who employs law enforcement officers electing to become members ofthis Retirement System on and after January 1, 1986, shall be employersparticipating in this Retirement System as this participation pertains to theirlaw enforcement officers.  The election of membership in this Retirement Systemshall be at the sole discretion of law enforcement officers of participatingemployers described in this subsection. (1939, c. 390, s. 3; 1951, c.274, s. 1; 1955, c. 1153, s. 1; 1971, c. 325, s. 5; 1973, c. 803, s. 16; 1985,c. 479, s. 196(c); 1991, c. 585, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_128 > GS_128-23

§128‑23.  Acceptance by cities, towns and counties.

(a)        Pursuant to thefavorable vote of a majority of the employees of any incorporated city or town,the governing body may, by resolution legally adopted and approved by the Boardof Trustees, elect to have its employees become eligible to participate in theRetirement System, and the said municipal governing body may make the necessaryappropriation therefor and if necessary levy annually taxes for payment of thesame.

(b)        Pursuant to thefavorable vote of a majority of the employees of the county, the board ofcommissioners of any county may, by resolution legally adopted and approved bythe Board of Trustees, elect to have its employees become eligible toparticipate in the Retirement System.  Each county is authorized to makeappropriations for these purposes and to fund them by levy of property taxespursuant to G.S. 153‑65 and by the allocation of other revenues whose useis not otherwise restricted by law.

(c)        Any eligibleemployer desiring to participate in the Retirement System shall file with theBoard of Trustees an application for participation under the conditionsincluded in this Article on a form approved by the Board of Trustees.  In suchapplication the employer shall agree to make the contributions required ofparticipating employers, to deduct from the salaries of employees who maybecome members the contributions required of members under this Article, and totransmit such contributions to the Board of Trustees.  It shall also agree to makethe employer's contributions for the participation in the Retirement System ofall employees entering the service of the employer, after its participationbegins, who shall become members.

(d)        Such contributionsas are made by employers shall be regarded as additions to the compensation ofsuch employees as are members of the Retirement System and deducted therefromfor the purpose of making the employer's contribution, in addition to thededuction from the compensation of employees on account of member contributions.

(e)        The agreement ofsuch employer to contribute on account of its employees shall be irrevocable,but should an employer for any reason become financially unable to make thenormal and accrued liability contributions payable on account of its employees,then such employer shall be deemed to be in temporary default.  Such temporarydefault shall not relieve such employer from any liability for itscontributions payable on account of its employees.

Notwithstanding anything tothe contrary, the Retirement System shall not be liable for the payment of anypensions or other benefits on account of the employees or pensioners of anyemployer under this Article, for which reserves have not been previouslycreated from funds contributed by such employer or its employees for suchbenefits.

(f)         Effective January1, 1955, there shall be three classes of employers to be designated Class A,Class B and Class C, respectively.  Each employer whose date of participationoccurs before July 1, 1951, shall be a Class A employer unless such an employerby written notice filed with the Board of Trustees on or before June 30, 1951,elected to be a Class B employer.  Each employer whose date of participationoccurs on or after July 1, 1951, but before January 1, 1955, shall be a Class Aemployer.  Each employer whose date of participation occurs on or after January1, 1955, shall be a Class C employer.

(g)        Notwithstanding anyother provisions of this Article, any employer who is not a participatingemployer and who employs law enforcement officers transferred from the LawEnforcement Officers' Retirement System to this Retirement System on January 1,1986, or who employs law enforcement officers electing to become members ofthis Retirement System on and after January 1, 1986, shall be employersparticipating in this Retirement System as this participation pertains to theirlaw enforcement officers.  The election of membership in this Retirement Systemshall be at the sole discretion of law enforcement officers of participatingemployers described in this subsection. (1939, c. 390, s. 3; 1951, c.274, s. 1; 1955, c. 1153, s. 1; 1971, c. 325, s. 5; 1973, c. 803, s. 16; 1985,c. 479, s. 196(c); 1991, c. 585, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_128 > GS_128-23

§128‑23.  Acceptance by cities, towns and counties.

(a)        Pursuant to thefavorable vote of a majority of the employees of any incorporated city or town,the governing body may, by resolution legally adopted and approved by the Boardof Trustees, elect to have its employees become eligible to participate in theRetirement System, and the said municipal governing body may make the necessaryappropriation therefor and if necessary levy annually taxes for payment of thesame.

(b)        Pursuant to thefavorable vote of a majority of the employees of the county, the board ofcommissioners of any county may, by resolution legally adopted and approved bythe Board of Trustees, elect to have its employees become eligible toparticipate in the Retirement System.  Each county is authorized to makeappropriations for these purposes and to fund them by levy of property taxespursuant to G.S. 153‑65 and by the allocation of other revenues whose useis not otherwise restricted by law.

(c)        Any eligibleemployer desiring to participate in the Retirement System shall file with theBoard of Trustees an application for participation under the conditionsincluded in this Article on a form approved by the Board of Trustees.  In suchapplication the employer shall agree to make the contributions required ofparticipating employers, to deduct from the salaries of employees who maybecome members the contributions required of members under this Article, and totransmit such contributions to the Board of Trustees.  It shall also agree to makethe employer's contributions for the participation in the Retirement System ofall employees entering the service of the employer, after its participationbegins, who shall become members.

(d)        Such contributionsas are made by employers shall be regarded as additions to the compensation ofsuch employees as are members of the Retirement System and deducted therefromfor the purpose of making the employer's contribution, in addition to thededuction from the compensation of employees on account of member contributions.

(e)        The agreement ofsuch employer to contribute on account of its employees shall be irrevocable,but should an employer for any reason become financially unable to make thenormal and accrued liability contributions payable on account of its employees,then such employer shall be deemed to be in temporary default.  Such temporarydefault shall not relieve such employer from any liability for itscontributions payable on account of its employees.

Notwithstanding anything tothe contrary, the Retirement System shall not be liable for the payment of anypensions or other benefits on account of the employees or pensioners of anyemployer under this Article, for which reserves have not been previouslycreated from funds contributed by such employer or its employees for suchbenefits.

(f)         Effective January1, 1955, there shall be three classes of employers to be designated Class A,Class B and Class C, respectively.  Each employer whose date of participationoccurs before July 1, 1951, shall be a Class A employer unless such an employerby written notice filed with the Board of Trustees on or before June 30, 1951,elected to be a Class B employer.  Each employer whose date of participationoccurs on or after July 1, 1951, but before January 1, 1955, shall be a Class Aemployer.  Each employer whose date of participation occurs on or after January1, 1955, shall be a Class C employer.

(g)        Notwithstanding anyother provisions of this Article, any employer who is not a participatingemployer and who employs law enforcement officers transferred from the LawEnforcement Officers' Retirement System to this Retirement System on January 1,1986, or who employs law enforcement officers electing to become members ofthis Retirement System on and after January 1, 1986, shall be employersparticipating in this Retirement System as this participation pertains to theirlaw enforcement officers.  The election of membership in this Retirement Systemshall be at the sole discretion of law enforcement officers of participatingemployers described in this subsection. (1939, c. 390, s. 3; 1951, c.274, s. 1; 1955, c. 1153, s. 1; 1971, c. 325, s. 5; 1973, c. 803, s. 16; 1985,c. 479, s. 196(c); 1991, c. 585, s. 1.)