AN ACT allowing law enforcement officers to receive retirement benefits and subsequently return to service.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 128‑24 is amended by adding a new subdivision to read:

(5b)    Notwithstanding sub‑subdivisions c. and d. of subdivision (5) of this section to the contrary, a beneficiary who retires on an early or service retirement as a law enforcement officer, or as a justice officer as defined in G.S. 17E‑2, shall continue to be paid their retirement allowance without restriction even if the beneficiary is subsequently employed as a law enforcement officer or justice officer as long as the employment follows a break in service of not less than one month and the employer pays into this Retirement System an amount equal to both the members' and employers' contributions required by law for the duration of the employment. Service by a beneficiary under this subdivision shall not count as membership service or increase the beneficiary's retirement benefits under this Retirement System.

SECTION 2.  G.S. 135‑3 is amended by adding a new subdivision to read:

(8b)    Notwithstanding sub‑subdivisions c. and d. of subdivision (8) of this section to the contrary, a beneficiary who retires on an early or service retirement as a law enforcement officer shall continue to be paid their retirement allowance without restriction even if the beneficiary is subsequently employed as a law enforcement officer, as long as the employment follows a break in service of not less than six months and the employer pays into this Retirement System an amount equal to both the members' and employers' contributions required by law for the duration of the employment. Service by a beneficiary under this subdivision shall not count as membership service or increase the beneficiary's retirement benefits under this Retirement System.

SECTION 3.  This act is effective when it becomes law.