State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_135 > GS_135-18_10

§ 135‑18.10.  Forfeitureof retirement benefits for certain felonies.

(a)        Except as providedin G.S. 135‑4(gg), the Board of Trustees shall not pay any retirementbenefits or allowances, except for a return of member contributions plusinterest, to any member who is convicted of any felony under the federal lawslisted in subsection (b) of this section or the laws of this State listed insubsection (c) of this section if all of the following apply:

(1)        The federal or Stateoffense is committed while serving as an elected government official.

(2)        The conduct on whichthe federal or State offense is based is directly related to the member'sservice as an elected government official.

(b)        The federaloffenses covered by this section are as follows:

(1)        A felony violationof 18 U.S.C. § 201 (Bribery of public officials and witnesses), 18 U.S.C. § 286(Conspiracy to defraud the Government with respect to claims), 18 U.S.C. § 287(False, fictitious or fraudulent claims), 18 U.S.C. § 371 (Conspiracy to commitoffense or to defraud United States), 18 U.S.C. § 597 (Expenditures toinfluence voting), 18 U.S.C. § 599 (Promise of appointment by candidate), 18U.S.C. § 606 (Intimidation to secure political contributions), 18 U.S.C. § 641(Public money, property, or records), 18 U.S.C. § 666 (Embezzlement and theft),18 U.S.C. § 1001 (Statements or entries generally), 18 U.S.C. § 1341 (Fraudsand swindles), 18 U.S.C. § 1343 (Fraud by wire, radio, or television), 18U.S.C. § 1503 (Influencing or injuring officer or juror generally), 18 U.S.C. §1951 (Interference with commerce by threats or violence), 18 U.S.C. § 1952(Interstate and foreign travel or transportation in aid of racketeeringenterprises), 18 U.S.C. § 1956 (Laundering of monetary instruments), 18 U.S.C.§ 1962 (Prohibited activities), or section 7201 of the Internal Revenue Code(Attempt to evade or defeat tax).

(2)        Reserved for futurecodification purposes.

(c)        The offenses underthe laws of this State covered by this section are as follows:

(1)        A felony violation ofArticle 29, 30, or 30A of Chapter 14 of the General Statutes (Relating tobribery, obstructing justice, and secret listening) or G.S. 14‑228(Buying and selling offices), or Part 1 of Article 14 of Chapter 120 of theGeneral Statutes (Code of Legislative Ethics), Article 20 or 22 of Chapter 163of the General Statutes (Relating to absentee ballots, corrupt practices andother offenses against the elective franchise, and regulating of contributionsand expenditures in political campaigns).

(2)        Perjury or falseinformation as follows:

a.         Perjury committedunder G.S. 14‑209 in falsely denying the commission of an act thatconstitutes an offense within the purview of an offense listed in subdivision(1) of subsection (c) of this section.

b.         Subornation of perjurycommitted under G.S. 14‑210 in connection with the false denial ofanother as specified by subdivision (2) of this subsection.

c.         Perjury underArticle 22A of Chapter 163 of the General Statutes.

(d)        All moniesforfeited under this section shall be remitted to the Civil Penalty andForfeiture Fund. (2007‑179,s. 3(a).)