(a) Notwithstanding anyother provision of law, every sworn law‑enforcement officer as defined byG.S. 135‑1(11b) or G.S. 143‑166.30(a)(4) employed by a Statedepartment, agency, or institution who qualifies under this section shallreceive, beginning in the month in which he retires on a basic serviceretirement under the provisions of G.S. 135‑5(a) or G.S. 143‑166(y),an annual separation allowance equal to eighty‑five hundredths percent(0.85%) of the annual equivalent of the base rate of compensation most recentlyapplicable to him for each year of creditable service. The allowance shall bepaid in equal installments on the payroll frequency used by the employer. Toqualify for the allowance the officer shall:
(1) Have (i) completed30 or more years of creditable service or, (ii) have attained 55 years of ageand completed five or more years of creditable service; and
(2) Not have attained 62years of age; and
(3) Have completed atleast five years of continuous service as a law enforcement officer as hereindefined immediately preceding a service retirement. Any break in the continuousservice required by this subsection because of disability retirement ordisability salary continuation benefits shall not adversely affect an officer'squalification to receive the allowance, provided the officer returns to servicewithin 45 days after the disability benefits cease and is otherwise qualifiedto receive the allowance.
(b) As used in thissection, "creditable service" means the service for which credit isallowed under the retirement system of which the officer is a member, providedthat at least fifty percent (50%) of the service is as a law enforcementofficer as herein defined.
(c) Payment to aretired officer under the provisions of this section shall cease at the firstof:
(1) The death of theofficer;
(2) The last day of themonth in which the officer attains 62 years of age; or
(3) The first day ofreemployment by any State department, agency, or institution, except that thissubdivision does not apply to an officer returning to State employment in aposition exempt from the State Personnel Act in an agency other than the agencyfrom which that officer retired.
(d) This section doesnot affect the benefits to which an individual may be entitled from State,federal, or private retirement systems. The benefits payable under this sectionshall not be subject to any increases in salary or retirement allowances thatmay be authorized by the General Assembly for employees of the State or retiredemployees of the State.
(e) The head of eachState department, agency, or institution shall determine the eligibility ofemployees for the benefits provided herein.
(f) The Director ofthe Budget may authorize from time to time the transfer of funds within thebudgets of each State department, agency, or institution necessary to carry outthe purposes of this Article. These funds shall be taken from thoseappropriated to the department, agency, or institution for salaries and relatedfringe benefits.
(g) The head of eachState department, agency, or institution shall make the payments set forth insubsection (a) to those persons certified under subsection (e) from fundsavailable under subsection (f). (1983 (Reg. Sess., 1984), c. 1034, s. 104; 1985, c.479, s. 143; 1985 (Reg. Sess., 1986), c. 1014, ss. 51, 52; 2002‑126, s.28.14; 2007‑69, s. 1.)
(a) Notwithstanding anyother provision of law, every sworn law‑enforcement officer as defined byG.S. 135‑1(11b) or G.S. 143‑166.30(a)(4) employed by a Statedepartment, agency, or institution who qualifies under this section shallreceive, beginning in the month in which he retires on a basic serviceretirement under the provisions of G.S. 135‑5(a) or G.S. 143‑166(y),an annual separation allowance equal to eighty‑five hundredths percent(0.85%) of the annual equivalent of the base rate of compensation most recentlyapplicable to him for each year of creditable service. The allowance shall bepaid in equal installments on the payroll frequency used by the employer. Toqualify for the allowance the officer shall:
(1) Have (i) completed30 or more years of creditable service or, (ii) have attained 55 years of ageand completed five or more years of creditable service; and
(2) Not have attained 62years of age; and
(3) Have completed atleast five years of continuous service as a law enforcement officer as hereindefined immediately preceding a service retirement. Any break in the continuousservice required by this subsection because of disability retirement ordisability salary continuation benefits shall not adversely affect an officer'squalification to receive the allowance, provided the officer returns to servicewithin 45 days after the disability benefits cease and is otherwise qualifiedto receive the allowance.
(b) As used in thissection, "creditable service" means the service for which credit isallowed under the retirement system of which the officer is a member, providedthat at least fifty percent (50%) of the service is as a law enforcementofficer as herein defined.
(c) Payment to aretired officer under the provisions of this section shall cease at the firstof:
(1) The death of theofficer;
(2) The last day of themonth in which the officer attains 62 years of age; or
(3) The first day ofreemployment by any State department, agency, or institution, except that thissubdivision does not apply to an officer returning to State employment in aposition exempt from the State Personnel Act in an agency other than the agencyfrom which that officer retired.
(d) This section doesnot affect the benefits to which an individual may be entitled from State,federal, or private retirement systems. The benefits payable under this sectionshall not be subject to any increases in salary or retirement allowances thatmay be authorized by the General Assembly for employees of the State or retiredemployees of the State.
(e) The head of eachState department, agency, or institution shall determine the eligibility ofemployees for the benefits provided herein.
(f) The Director ofthe Budget may authorize from time to time the transfer of funds within thebudgets of each State department, agency, or institution necessary to carry outthe purposes of this Article. These funds shall be taken from thoseappropriated to the department, agency, or institution for salaries and relatedfringe benefits.
(g) The head of eachState department, agency, or institution shall make the payments set forth insubsection (a) to those persons certified under subsection (e) from fundsavailable under subsection (f). (1983 (Reg. Sess., 1984), c. 1034, s. 104; 1985, c.479, s. 143; 1985 (Reg. Sess., 1986), c. 1014, ss. 51, 52; 2002‑126, s.28.14; 2007‑69, s. 1.)
(a) Notwithstanding anyother provision of law, every sworn law‑enforcement officer as defined byG.S. 135‑1(11b) or G.S. 143‑166.30(a)(4) employed by a Statedepartment, agency, or institution who qualifies under this section shallreceive, beginning in the month in which he retires on a basic serviceretirement under the provisions of G.S. 135‑5(a) or G.S. 143‑166(y),an annual separation allowance equal to eighty‑five hundredths percent(0.85%) of the annual equivalent of the base rate of compensation most recentlyapplicable to him for each year of creditable service. The allowance shall bepaid in equal installments on the payroll frequency used by the employer. Toqualify for the allowance the officer shall:
(1) Have (i) completed30 or more years of creditable service or, (ii) have attained 55 years of ageand completed five or more years of creditable service; and
(2) Not have attained 62years of age; and
(3) Have completed atleast five years of continuous service as a law enforcement officer as hereindefined immediately preceding a service retirement. Any break in the continuousservice required by this subsection because of disability retirement ordisability salary continuation benefits shall not adversely affect an officer'squalification to receive the allowance, provided the officer returns to servicewithin 45 days after the disability benefits cease and is otherwise qualifiedto receive the allowance.
(b) As used in thissection, "creditable service" means the service for which credit isallowed under the retirement system of which the officer is a member, providedthat at least fifty percent (50%) of the service is as a law enforcementofficer as herein defined.
(c) Payment to aretired officer under the provisions of this section shall cease at the firstof:
(1) The death of theofficer;
(2) The last day of themonth in which the officer attains 62 years of age; or
(3) The first day ofreemployment by any State department, agency, or institution, except that thissubdivision does not apply to an officer returning to State employment in aposition exempt from the State Personnel Act in an agency other than the agencyfrom which that officer retired.
(d) This section doesnot affect the benefits to which an individual may be entitled from State,federal, or private retirement systems. The benefits payable under this sectionshall not be subject to any increases in salary or retirement allowances thatmay be authorized by the General Assembly for employees of the State or retiredemployees of the State.
(e) The head of eachState department, agency, or institution shall determine the eligibility ofemployees for the benefits provided herein.
(f) The Director ofthe Budget may authorize from time to time the transfer of funds within thebudgets of each State department, agency, or institution necessary to carry outthe purposes of this Article. These funds shall be taken from thoseappropriated to the department, agency, or institution for salaries and relatedfringe benefits.
(g) The head of eachState department, agency, or institution shall make the payments set forth insubsection (a) to those persons certified under subsection (e) from fundsavailable under subsection (f). (1983 (Reg. Sess., 1984), c. 1034, s. 104; 1985, c.479, s. 143; 1985 (Reg. Sess., 1986), c. 1014, ss. 51, 52; 2002‑126, s.28.14; 2007‑69, s. 1.)
