§ 143‑166.42. Specialseparation allowances for local officers.
(a) On and afterJanuary 1, 1987, every sworn law enforcement officer as defined by G.S. 128‑21(11b)or G.S. 143‑166.50(a)(3) employed by a local government employer whoqualifies under this section shall receive, beginning in the month in which theofficer retires on a basic service retirement under the provisions of G.S. 128‑27(a),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 the officer for each year of creditable service. The allowanceshall be paid in equal installments on the payroll frequency used by theemployer. To qualify 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 a local government employer in any capacity.
Notwithstanding the provisionsof subdivision (3) of this subsection, a local government employer may employretired officers in a public safety position in a capacity not requiringparticipation in the Local Governmental Employees' Retirement System, and doingso shall not cause payment to cease to those officers under the provisions ofthis section.
(d) This section doesnot affect the benefits to which an individual may be entitled from State,local, federal, or private retirement systems. The benefits payable under thissection shall not be subject to any increases in salary or retirementallowances that may be authorized by local government employers or for retiredemployees of local governments.
(e) The governing bodyof each local employer shall determine the eligibility of employees for thebenefits provided herein.
(f) The governing bodyof each local employer shall make the payments set forth in subsection (a) ofthis section to those persons certified under subsection (e) of this sectionfrom funds available. (1985 (Reg. Sess., 1986), c. 1019, s. 2; 2009‑396, s. 1.)
§ 143‑166.42. Specialseparation allowances for local officers.
(a) On and afterJanuary 1, 1987, every sworn law enforcement officer as defined by G.S. 128‑21(11b)or G.S. 143‑166.50(a)(3) employed by a local government employer whoqualifies under this section shall receive, beginning in the month in which theofficer retires on a basic service retirement under the provisions of G.S. 128‑27(a),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 the officer for each year of creditable service. The allowanceshall be paid in equal installments on the payroll frequency used by theemployer. To qualify 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 a local government employer in any capacity.
Notwithstanding the provisionsof subdivision (3) of this subsection, a local government employer may employretired officers in a public safety position in a capacity not requiringparticipation in the Local Governmental Employees' Retirement System, and doingso shall not cause payment to cease to those officers under the provisions ofthis section.
(d) This section doesnot affect the benefits to which an individual may be entitled from State,local, federal, or private retirement systems. The benefits payable under thissection shall not be subject to any increases in salary or retirementallowances that may be authorized by local government employers or for retiredemployees of local governments.
(e) The governing bodyof each local employer shall determine the eligibility of employees for thebenefits provided herein.
(f) The governing bodyof each local employer shall make the payments set forth in subsection (a) ofthis section to those persons certified under subsection (e) of this sectionfrom funds available. (1985 (Reg. Sess., 1986), c. 1019, s. 2; 2009‑396, s. 1.)
§ 143‑166.42. Specialseparation allowances for local officers.
(a) On and afterJanuary 1, 1987, every sworn law enforcement officer as defined by G.S. 128‑21(11b)or G.S. 143‑166.50(a)(3) employed by a local government employer whoqualifies under this section shall receive, beginning in the month in which theofficer retires on a basic service retirement under the provisions of G.S. 128‑27(a),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 the officer for each year of creditable service. The allowanceshall be paid in equal installments on the payroll frequency used by theemployer. To qualify 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 a local government employer in any capacity.
Notwithstanding the provisionsof subdivision (3) of this subsection, a local government employer may employretired officers in a public safety position in a capacity not requiringparticipation in the Local Governmental Employees' Retirement System, and doingso shall not cause payment to cease to those officers under the provisions ofthis section.
(d) This section doesnot affect the benefits to which an individual may be entitled from State,local, federal, or private retirement systems. The benefits payable under thissection shall not be subject to any increases in salary or retirementallowances that may be authorized by local government employers or for retiredemployees of local governments.
(e) The governing bodyof each local employer shall determine the eligibility of employees for thebenefits provided herein.
(f) The governing bodyof each local employer shall make the payments set forth in subsection (a) ofthis section to those persons certified under subsection (e) of this sectionfrom funds available. (1985 (Reg. Sess., 1986), c. 1019, s. 2; 2009‑396, s. 1.)
