AN ACT to cause the forfeiture of benefits under the teachers' and state employees' retirement system, the local government employees' retirement system, the CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, and the legislative retirement system for committing certain criminal offenses while in office and to update associated retirement records.

The General Assembly of North Carolina enacts:

part i. FORFEITURE OF RETIREMENT BENEFITS UNDER THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM

SECTION 1.1.  G.S. 135‑1 reads as rewritten:

§ 135‑1.  Definitions.

The following words and phrases as used in this Chapter, unless a different meaning is plainly required by the context, shall have the following meanings:

…

(7c)      Conduct directly related to the office or employment shall mean conduct by the member resulting in a felony conviction that:

a.         Is an offense identified in G.S. 115C‑270.35(b), and the commission of the offense occurred while the member was employed in a public school or working in a public school subject to a memorandum of understanding.

b.         Is an offense which required the revocation of the member's licensure or certification required for the member's employment or office at the time of the commission of the offense.

c.         Is conduct that was directly related to the member's employment or office as determined by the Board of Trustees.

(7c)(7d)     Consumer Price Index shall mean the Consumer Price Index for All Urban Consumers (CPI‑U), U.S. City Average, all items, not seasonally adjusted, standard reference base, as published by the Bureau of Labor Statistics of the U.S. Department of Labor.

….

SECTION 1.2.  G.S. 135‑18.10 reads as rewritten:

§ 135‑18.10.  Forfeiture of retirement benefits for certain felonies committed while serving as elected government official.

…

(c1)      If a member is convicted of embezzlement under subsection (b) or (c) of this section, each employer who reported compensation for the member must recertify the accuracy of all compensation reported for the member. The recertification of compensation must occur within 120 days of notice of the conviction provided by the Retirement Systems Division and must be received prior to any distribution by the Retirement System to the member. The employer may request an extension of the recertification of compensation for an additional 60 days upon written request duly acknowledged by the Retirement Systems Division. Should the recertification not be provided within 180 days after the notice of conviction, then the member's right to receive a distribution from the Retirement System is reinstated and eligible to receive a distribution based on the previously reported compensation. Notwithstanding the foregoing, if the employer subsequently recertifies the compensation, then the distributions by the Retirement System will be adjusted accordingly.

….

SECTION 1.3.  G.S. 135‑18.10A reads as rewritten:

§ 135‑18.10A.  Forfeiture of retirement benefits for certain felonies related to employment or holding office.

(a)        Except as provided in G.S. 135‑4(ii), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony under federal law law, or the laws of this State State, or removed from office under G.S. 128‑16 or G.S. 7A‑173(c) if all of the following apply:

(1)        The offense is committed while the member is in service.

(2)        The conduct resulting in the member's conviction is directly related to the member's office or employment.

(a1)      If the Board of Trustees receives an order from a judge determining that the member's removal from office was due to conduct directly related to the member's service and directing the Board not to pay retirement benefits or allowances to the member, except for a return of member contributions plus interest, then the Board shall not pay to the member any benefits or allowances except as provided in G.S. 135‑4(ii). The order shall state the dates on which the conduct occurred.

…

(c1)      If a member is convicted of embezzlement, each employer who reported compensation for the member must recertify the accuracy of all compensation reported for the member. The recertification of compensation must occur within 120 days of notice of the conviction provided by the Retirement Systems Division and must be received prior to any distribution by the Retirement System to the member. The employer may request an extension of the recertification of compensation for an additional 60 days upon written request duly acknowledged by the Retirement Systems Division. Should the recertification not be provided within 180 days after the notice of conviction, then the member's right to receive a distribution from the Retirement System is reinstated and eligible to receive a distribution based on the previously reported compensation. Notwithstanding the foregoing, if the employer subsequently recertifies the compensation, then the distributions by the Retirement System will be adjusted accordingly.

SECTION 1.4.  Article 1 of Chapter 135 of the General Statutes is amended by adding a new section to read:

§ 135‑18.10C.  Annual report to the Board of Trustees of forfeited retirement benefits due to felonies committed while serving as elected government officials and felonies related to employment or holding office.

Notwithstanding Chapter 132 of the General Statutes, the Director of the Retirement Systems Division shall supply a report to the Teachers' and State Employees' Retirement System Board of Trustees annually, listing members to whom the felony forfeiture statutes were applied in the previous year. The report shall be deemed public record as defined in Chapter 132 of the General Statutes. The report shall include all of the following:

(1)        Name of the member.

(2)        Name of last employer.

(3)        Retirement system.

(4)        Last position held.

(5)        Felony the member was convicted of.

(6)        Year the member was convicted.

SECTION 1.5.  G.S. 135‑4(ii) reads as rewritten:

(ii)      If a member who is in service and has not vested in this System on December 1, 2012, is convicted of an offense listed in G.S. 135‑18.10A or removed from office for acts committed after December 1, 2012, then that member shall forfeit all benefits under this System, except for a return of member contributions plus interest. If a member who is in service and has vested in this System on December 1, 2012, is convicted of an offense listed in G.S. 135‑18.10A or removed from office for acts committed after December 1, 2012, then that member is not entitled to any creditable service that accrued after December 1, 2012, regardless of whether that creditable service was earned by virtue of membership in the System, accrued by conversion of sick leave at the point of the member's retirement, accrued by transfer of service from another retirement system, purchased by the member in accordance with this Chapter, or accrued by any other means. For purposes of this subsection, creditable service attributable to the conversion of sick leave accrues in this System on the date of retirement, service transferred to this System from another system accrues in this System on the effective date of the transfer, and purchased service accrues in this System on the date of the purchase.

part ii. FORFEITURE OF RETIREMENT BENEFITS UNDER THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM

SECTION 2.1.  G.S. 128‑21 reads as rewritten:

§ 128‑21.  Definitions.

The following words and phrases as used in this Article, unless a different meaning is plainly required by the context, shall have the following meanings:

…

(7c)      Conduct directly related to the office or employment shall mean conduct by the member resulting in a felony conviction that:

a.         Is an offense identified in G.S. 115C‑270.35(b), and the commission of the offense occurred while the member was employed in a public school or working in a public school subject to a memorandum of understanding.

b.         Is an offense which required the revocation of the member's licensure or certification required for the member's employment or office at the time of the commission of the offense.

c.         Is conduct that was directly related to the member's employment or office as determined by the Board of Trustees.

(7c)(7d)     Consumer Price Index shall mean the Consumer Price Index for All Urban Consumers (CPI‑U), U.S. City Average, all items, not seasonally adjusted, standard reference base, as published by the Bureau of Labor Statistics of the U.S. Department of Labor.

….

SECTION 2.2.  G.S. 128‑38.4 reads as rewritten:

§ 128‑38.4.  Forfeiture of retirement benefits for certain felonies committed while serving as elected government official.

(a)        Except as provided in G.S. 128‑26(w), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony under the federal laws listed in subsection (b) of this section or section, the laws of this State listed in subsection (c) of this section State, or removed from office under G.S. 128‑16, if all of the following apply:

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

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

(a1)      If the Board of Trustees receives an order from a judge determining that the member's removal from office was due to conduct directly related to the member's service and directing the Board not to pay retirement benefits or allowances to the member, except for a return of member contributions plus interest, then the Board shall not pay to the member any benefits or allowances except as provided in G.S. 128‑26(w). The order shall state the dates on which the conduct occurred.

…

(c1)      If a member is convicted of embezzlement under subsection (b) or (c) of this section, each employer who reported compensation for the member must recertify the accuracy of all compensation reported for the member. The recertification of compensation must occur within 120 days of notice of the conviction provided by the Retirement Systems Division and must be received prior to any distribution by the Retirement System to the member. The employer may request an extension of the recertification of compensation for an additional 60 days upon written request duly acknowledged by the Retirement Systems Division. Should the recertification not be provided within 180 days after the notice of conviction, then the member's right to receive a distribution from the Retirement System is reinstated and eligible to receive a distribution based on the previously reported compensation. Notwithstanding the foregoing, if the employer subsequently recertifies the compensation, then the distributions by the Retirement System will be adjusted accordingly.

….

SECTION 2.3.  G.S. 128‑38.4A reads as rewritten:

§ 128‑38.4A.  Forfeiture of retirement benefits for certain felonies related to employment or holding office.

(a)        Except as provided in G.S. 128‑26(x), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony under federal law or law, the laws of this State State, or removed from office under G.S. 128‑16 if all of the following apply:

(1)        The offense is committed while the member is in service.

(2)        The conduct resulting in the member's conviction is directly related to the member's office or employment.

(a1)      If the Board of Trustees receives an order from a judge determining that the member's removal from office was due to conduct directly related to the member's service and directing the Board not to pay retirement benefits or allowances to the member, except for a return of member contributions plus interest, then the Board shall not pay to the member any benefits or allowances except as provided in G.S. 128‑26(x). The order shall state the dates on which the conduct occurred.

…

(c1)      If a member is convicted of embezzlement, each employer who reported compensation for the member must recertify the accuracy of all compensation reported for the member. The recertification of compensation must occur within 120 days of notice of the conviction provided by the Retirement Systems Division and must be received prior to any distribution by the Retirement System to the member. The employer may request an extension of the recertification of compensation for an additional 60 days upon written request duly acknowledged by the Retirement Systems Division. Should the recertification not be provided within 180 days after the notice of conviction, then the member's right to receive a distribution from the Retirement System is reinstated and eligible to receive a distribution based on the previously reported compensation. Notwithstanding the foregoing, if the employer subsequently recertifies the compensation, then the distributions by the Retirement System will be adjusted accordingly.

SECTION 2.4.  Article 3 of Chapter 128 of the General Statutes is amended by adding a new section to read:

§ 128‑38.4C.  Annual report to the Board of Trustees of forfeited retirement benefits due to felonies committed while serving as elected government officials and felonies related to employment or holding office.

Notwithstanding Chapter 132 of the General Statutes, the Director of the Retirement Systems Division shall supply a report to the Teachers' and State Employees' Retirement System Board of Trustees annually, listing members to whom the felony forfeiture statutes were applied in the previous year. The report shall be deemed public record as defined in Chapter 132 of the General Statutes. The report shall include all of the following:

(1)        Name of the member.

(2)        Name of last employer.

(3)        Retirement system.

(4)        Last position held.

(5)        Felony the member was convicted of.

(6)        Year the member was convicted.

SECTION 2.5.  G.S. 128‑26 reads as rewritten:

§ 128‑26.  Allowance for service.

…

(w)       If a member who is an elected government official and has not vested in this System on July 1, 2007, is convicted of an offense listed in G.S. 128‑38.4 or removed from office for acts committed after July 1, 2007, then that member shall forfeit all benefits under this System, except for a return of member contributions plus interest. If a member who is an elected government official and has vested in this System on July 1, 2007, is convicted of an offense listed in G.S. 128‑38.4 or removed from office for acts committed after July 1, 2007, then that member is not entitled to any creditable service that accrued after July 1, 2007, regardless of whether that creditable service was earned by virtue of membership in the System, accrued by conversion of sick leave at the point of the member's retirement, accrued by transfer of service from another retirement system, purchased by the member in accordance with this Article, or accrued by any other means. No member shall forfeit any benefit or creditable service earned from a position not as an elected government official. For purposes of this subsection, creditable service attributable to the conversion of sick leave accrues in this System on the date of retirement, service transferred to this System from another system accrues in this System on the effective date of the transfer, and purchased service accrues in this System on the date of the purchase.purchase, and service imputed under G.S. 128‑27(d4) accrues in this system on the effective date of disability retirement.

(x)        If a member who is in service and has not vested in this System on December 1, 2012, is convicted of an offense listed in G.S. 128‑38.4A or removed from office for acts committed after December 1, 2012, then that member shall forfeit all benefits under this System, except for a return of member contributions plus interest. If a member who is in service and has vested in this System on December 1, 2012, is convicted of an offense listed in G.S. 128‑38.4A or removed from office for acts committed after December 1, 2012, then that member is not entitled to any creditable service that accrued after December 1, 2012, regardless of whether that creditable service was earned by virtue of membership in the System, accrued by conversion of sick leave at the point of the member's retirement, accrued by transfer of service from another retirement system, purchased by the member in accordance with this Article, or accrued by any other means. For purposes of this subsection, creditable service attributable to the conversion of sick leave accrues in this System on the date of retirement, service transferred to this System from another system accrues in this System on the effective date of the transfer, and purchased service accrues in this System on the date of the purchase.purchase, and service imputed under G.S. 128‑27(d4) accrues in this system on the effective date of disability retirement.

….

part iii. FORFEITURE OF RETIREMENT BENEFITS UNDER THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM

SECTION 3.1.  G.S. 135‑75.1 reads as rewritten:

§ 135‑75.1.  Forfeiture of retirement benefits for certain felonies committed while serving as elected government official.

(a)        Except as provided in G.S. 135‑56(g), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony under the federal laws listed in subsection (b) of this section or section, the laws of this State listed in subsection (c) of this section State, or removed from office under G.S. 7A‑66, 7A‑105, or 7A‑376(b), if all of the following apply:

(1)        The federal or State offense is committed while serving as a justice, judge, district attorney, or clerk of superior court.

(2)        The conduct on which the federal or State offense is based is directly related to the member's service as a justice, judge, district attorney, or clerk of superior court.

(a1)      If the Board of Trustees receives an order from a judge determining that the member's removal from office was due to conduct directly related to the member's service and directing the Board not to pay retirement benefits or allowances to the member, except for a return of member contributions plus interest, then the Board shall not pay to the member any benefits or allowances except as provided in G.S. 135‑56(g). The order shall state the dates on which the conduct occurred.

…

(c1)      If a member is convicted of embezzlement, each employer who reported compensation for the member must recertify the accuracy of all compensation reported for the member. The recertification of compensation must occur within 120 days of notice of the conviction provided by the Retirement Systems Division and must be received prior to any distribution by the Retirement System to the member. The employer may request an extension of the recertification of compensation for an additional 60 days upon written request duly acknowledged by the Retirement Systems Division. Should the recertification not be provided within 180 days after the notice of conviction, then the member's right to receive a distribution from the Retirement System is reinstated and eligible to receive a distribution based on the previously reported compensation. Notwithstanding the foregoing, if the employer subsequently recertifies the compensation, then the distributions by the Retirement System will be adjusted accordingly.

….

SECTION 3.2.  G.S. 135‑75.1A reads as rewritten:

§ 135‑75.1A.  Forfeiture of retirement benefits for certain felonies related to employment or holding office.

(a)        Except as provided in G.S. 135‑56(j), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony under federal law or law, the laws of this State State, or removed from office under G.S. 7A‑66, 7A‑105, or 7A‑376(b), if all of the following apply:

(1)        The offense is committed while the member is in service.

(2)        The conduct resulting in the member's conviction is directly related to the member's office or employment.

(a1)      If the Board of Trustees receives an order from a judge determining that the member's removal from office was due to conduct directly related to the member's service and directing the Board not to pay retirement benefits or allowances to the member, except for a return of member contributions plus interest, then the Board shall not pay to the member any benefits or allowances except as provided in G.S. 135‑56(j). The order shall state the dates on which the conduct occurred.

…

(c1)      If a member is convicted of embezzlement, each employer who reported compensation for the member must recertify the accuracy of all compensation reported for the member. The recertification of compensation must occur within 120 days of notice of the conviction provided by the Retirement Systems Division and must be received prior to any distribution by the Retirement System to the member. The employer may request an extension of the recertification of compensation for an additional 60 days upon written request duly acknowledged by the Retirement Systems Division. Should the recertification not be provided within 180 days after the notice of conviction, then the member's right to receive a distribution from the Retirement System is reinstated and eligible to receive a distribution based on the previously reported compensation. Notwithstanding the foregoing, if the employer subsequently recertifies the compensation, then the distributions by the Retirement System will be adjusted accordingly.

SECTION 3.3.  Article 4 of Chapter 135 of the General Statutes is amended by adding a new section to read:

§ 135‑75.1C.  Annual report to the Board of Trustees of forfeited retirement benefits due to felonies committed while serving as elected government officials and felonies related to employment or holding office.

Notwithstanding Chapter 132 of the General Statutes, the Director of the Retirement Systems Division shall supply a report to the Teachers' and State Employees' Retirement System Board of Trustees annually, listing members to whom the felony forfeiture statutes were applied in the previous year. The report shall be deemed public record as defined in Chapter 132 of the General Statutes. The report shall include all of the following:

(1)        Name of the member.

(2)        Name of last employer.

(3)        Retirement system.

(4)        Last position held.

(5)        Felony the member was convicted of.

(6)        Year the member was convicted.

SECTION 3.4.  G.S. 135‑56 reads as rewritten:

§ 135‑56.  Creditable service.

…

(g)        If a member who has not vested in this System on July 1, 2007, is convicted of an offense listed in G.S. 135‑75.1 or removed from office for acts committed after July 1, 2007, then that member shall forfeit all benefits under this System. If a member who has vested in this System on July 1, 2007, is convicted of an offense listed in G.S. 135‑75.1 or removed from office for acts committed after July 1, 2007, then that member is not entitled to any creditable service that accrued after July 1, 2007, regardless of whether that creditable service was earned by virtue of membership in the System, accrued by conversion of sick leave at the point of the member's retirement, accrued by transfer of service from another retirement system, purchased by the member in accordance with this Chapter, or accrued by any other means. No member shall forfeit any benefit or creditable service earned from a position not as a justice, judge, district attorney, or clerk of superior court. For purposes of this subsection, creditable service attributable to the conversion of sick leave accrues in this System on the date of retirement, service transferred to this System from another system accrues in this System on the effective date of the transfer, and purchased service accrues in this System on the date of the purchase.purchase, and service imputed under G.S. 135‑60(a) accrues in this system on the effective date of disability retirement.

…

(j)         If a member who is in service and has not vested in this System on December 1, 2012, is convicted of an offense listed in G.S. 135‑75.1A or removed from office for acts committed after December 1, 2012, then that member shall forfeit all benefits under this System, except for a return of member contributions plus interest. If a member who is in service and has vested in this System on December 1, 2012, is convicted of an offense listed in G.S. 135‑75.1A or removed from office for acts committed after December 1, 2012, then that member is not entitled to any creditable service that accrued after December 1, 2012, regardless of whether that creditable service was earned by virtue of membership in the System, accrued by conversion of sick leave at the point of the member's retirement, accrued by transfer of service from another retirement system, purchased by the member in accordance with this Chapter, or accrued by any other means. For purposes of this subsection, creditable service attributable to the conversion of sick leave accrues in this System on the date of retirement, service transferred to this System from another system accrues in this System on the effective date of the transfer, and purchased service accrues in this System on the date of the purchase.purchase, and service imputed under G.S. 135‑60(a) accrues in this system on the effective date of disability retirement.

part iv. FORFEITURE OF RETIREMENT BENEFITS UNDER THE LEGISLATIVE RETIREMENT SYSTEM

SECTION 4.1.  G.S. 120‑4.8 reads as rewritten:

§ 120‑4.8.  Definitions.

The following words and phrases as used in this Article, unless the context clearly requires otherwise, have the following meanings:

…

(5a)      Conduct directly related to the office shall mean conduct by the member resulting in a felony conviction that was directly related to the member's office as determined by the Board of Trustees.

….

SECTION 4.2.  G.S. 120‑4.33 reads as rewritten:

§ 120‑4.33.  Forfeiture of retirement benefits for certain felonies.

…

(c1)      If a member is convicted of embezzlement, each employer who reported compensation for the member must recertify the accuracy of all compensation reported for the member. The recertification of compensation must occur within 120 days of notice of the conviction provided by the Retirement Systems Division and must be received prior to any distribution by the Retirement System to the member. The employer may request an extension of the recertification of compensation for an additional 60 days upon written request duly acknowledged by the Retirement Systems Division. Should the recertification not be provided within 180 days after the notice of conviction, then the member's right to receive a distribution from the Retirement System is reinstated and eligible to receive a distribution based on the previously reported compensation. Notwithstanding the foregoing, if the employer subsequently recertifies the compensation, then the distributions by the Retirement System will be adjusted accordingly.

….

SECTION 4.3.  G.S. 120‑4.33A reads as rewritten:

§ 120‑4.33A.  Forfeiture of retirement benefits for certain felonies related to employment or holding office.

(a)        Except as provided in G.S. 120‑4.12(g), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony under federal law or the laws of this State if all of the following apply:

(1)        The offense is committed while the member is serving as a member of the General Assembly.

(2)        The conduct resulting in the member's conviction is directly related to the member's office.

…

(c1)      If a member is convicted of embezzlement, each employer who reported compensation for the member must recertify the accuracy of all compensation reported for the member. The recertification of compensation must occur within 120 days of notice of the conviction provided by the Retirement Systems Division and must be received prior to any distribution by the Retirement System to the member. The employer may request an extension of the recertification of compensation for an additional 60 days upon written request duly acknowledged by the Retirement Systems Division. Should the recertification not be provided within 180 days after the notice of conviction, then the member's right to receive a distribution from the Retirement System is reinstated and eligible to receive a distribution based on the previously reported compensation. Notwithstanding the foregoing, if the employer subsequently recertifies the compensation, then the distributions by the Retirement System will be adjusted accordingly.

SECTION 4.4.  Article 1A of Chapter 120 of the General Statutes is amended by adding a new section to read:

§ 120‑4.33C.  Annual report to the Board of Trustees of forfeited retirement benefits due to felonies committed while serving as elected government officials and felonies related to employment or holding office.

Notwithstanding Chapter 132 of the General Statutes, the Director of the Retirement Systems Division shall supply a report to the Teachers' and State Employees' Retirement System Board of Trustees annually, listing members to whom the felony forfeiture statutes were applied in the previous year. The report shall be deemed public record as defined in Chapter 132 of the General Statutes. The report shall include all of the following:

(1)        Name of the member.

(2)        Name of last employer.

(3)        Retirement system.

(4)        Last position held.

(5)        Felony the member was convicted of.

(6)        Year the member was convicted.

SECTION 4.5.  G.S. 120‑4.12 reads as rewritten:

§ 120‑4.12.  Creditable service.

…

(f)        If a member who has not vested in this System on July 1, 2007, is convicted of an offense listed in G.S. 120‑4.33 for acts committed after July 1, 2007, then that member shall forfeit all benefits under this System. If a member who has vested in this System on July 1, 2007, is convicted of an offense listed in G.S. 120‑4.33 for acts committed after July 1, 2007, then that member is not entitled to any creditable service that accrued after July 1, 2007, regardless of whether that creditable service was earned by virtue of membership in the System, accrued by conversion of sick leave at the point of the member's retirement, accrued by transfer of service from another retirement system, purchased by the member in accordance with this Article, or accrued by any other means. No member shall forfeit any benefit or creditable service earned from a position not as a member of the General Assembly. For purposes of this subsection, creditable service attributable to the conversion of sick leave accrues in this System on the date of retirement, service transferred to this System from another system accrues in this System on the effective date of the transfer, and purchased service accrues in this System on the date of the purchase.purchase, and service imputed under G.S. 120‑4.22(c) accrues in this system on the effective date of disability retirement.

(g)        If a member who is a present member of the General Assembly and who has not vested in this System on December 1, 2012, is convicted of an offense listed in G.S. 120‑4.33A for acts committed after December 1, 2012, then that member shall forfeit all benefits under this System, except for a return of member contributions plus interest. If a member who is a present member of the General Assembly and has vested in this System on December 1, 2012, is convicted of an offense listed in G.S. 120‑4.33A for acts committed after December 1, 2012, then that member is not entitled to any creditable service that accrued after December 1, 2012, regardless of whether that creditable service was earned by virtue of membership in the System, accrued by conversion of sick leave at the point of the member's retirement, accrued by transfer of service from another retirement system, purchased by the member in accordance with this Article, or accrued by any other means. For purposes of this subsection, creditable service attributable to the conversion of sick leave accrues in this System on the date of retirement, service transferred to this System from another system accrues in this System on the effective date of the transfer, and purchased service accrues in this System on the date of the purchase.purchase, and service imputed under G.S. 120‑4.22(c) accrues in this system on the effective date of disability retirement.

PART V. REMOVAL FROM OFFICE OF DISTRICT ATTORNEYS, JUDGES, CLERKS OF COURT, MAGISTRATES, AND SHERIFFS OR POLICE OFFICERS

SECTION 5.1.  G.S. 7A‑66 reads as rewritten:

§ 7A‑66.  Removal of district attorneys.

…

If a hearing, with or without suspension, is ordered, the district attorney should receive immediate written notice of the proceedings and a true copy of the charges, and the matter shall be set for hearing not less than 10 days nor more than 30 days thereafter. The matter shall be set for hearing before the judge who originally examined the charges or before another regular superior court judge resident in or regularly holding the courts of that district or set of districts. The hearing shall be open to the public. All testimony shall be recorded. At the hearing the superior court judge shall hear evidence and make findings of fact and conclusions of law and if he finds that grounds for removal exist, he shall enter an order permanently removing the district attorney from office, and terminating his salary. If the superior court judge issues an order to the Board of Trustees determining that the member's removal from office was due to conduct directly related to the member's service and directing the Board not to pay retirement benefits or allowances to the member, except for a return of member contributions plus interest, then the Board shall not pay to the member any benefits or allowances except as provided in subsection (g) or (j) of G.S. 135‑56. The order shall state the dates on which the conduct occurred. If he finds that no grounds exist, he shall terminate the suspension, if any.

….

SECTION 5.2.  G.S. 7A‑376 reads as rewritten:

§ 7A‑376.  Grounds for discipline by Commission; public reprimand, censure, suspension, or removal by the Supreme Court.

…

(b)        Upon recommendation of the Commission, the Supreme Court may issue a public reprimand, censure, suspend, or remove any judge for willful misconduct in office, willful and persistent failure to perform the judge's duties, habitual intemperance, conviction of a crime involving moral turpitude, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute. A judge who is suspended for any of the foregoing reasons shall receive no compensation during the period of that suspension. A judge who is removed for any of the foregoing reasons shall receive no retirement compensation and is disqualified from holding further judicial office. If a judge issues an order to the Board of Trustees determining that the member's removal from office was due to conduct directly related to the member's service and directing the Board not to pay retirement benefits or allowances to the member, except for a return of member contributions plus interest, then the Board shall not pay to the member any benefits or allowances except as provided in subsection (g) or (j) of G.S. 135‑56. The order shall state the dates on which the conduct occurred.

….

SECTION 5.3.  G.S. 7A‑105 reads as rewritten:

§ 7A‑105.  Suspension, removal, and reinstatement of clerk.

A clerk of superior court may be suspended or removed from office for willful misconduct or mental or physical incapacity, and reinstated, under the same procedures as are applicable to a superior court district attorney, except that the procedure shall be initiated by the filing of a sworn affidavit with the chief district judge of the district in which the clerk resides, and the hearing shall be conducted by the senior regular resident superior court judge serving  the county of the clerk's residence. If the superior court judge issues an order to the Board of Trustees determining that the member's removal from office was due to conduct directly related to the member's service and directing the Board not to pay retirement benefits or allowances to the member, except for a return of member contributions plus interest, then the Board shall not pay to the member any benefits or allowances except as provided in subsection (g) or (j) of G.S. 135‑56. The order shall state the dates on which the conduct occurred. If suspension is ordered, the judge shall appoint some qualified person to act as clerk during the period of the suspension.

SECTION 5.4.  G.S. 7A‑173(c) reads as rewritten:

(c)      If a hearing, with or without suspension, is ordered, the magistrate against whom the charges have been made shall be given immediate written notice of the proceedings and a true copy of the charges, and the matter shall be set by the chief district judge for hearing before the senior regular resident superior court judge or a regular superior court judge holding court in the district or set of districts as defined in G.S. 7A‑41.1(a) in which the magistrate's county of appointment is located. The hearing shall be held in a county within the district or set of districts not less than 10 days nor more than 30 days after the magistrate has received a copy of the charges. The hearing shall be open to the public. All testimony offered shall be recorded. At the hearing the superior court judge shall receive evidence, and make findings of fact and conclusions of law. If the judge finds that grounds for removal exist, the judge shall enter an order permanently removing the magistrate from office, and terminating the magistrate's salary. If the superior court judge issues an order to the Board of Trustees determining that the member's removal from office was due to conduct directly related to the member's service and directing the Board not to pay retirement benefits or allowances to the member, except for a return of member contributions plus interest, then the Board shall not pay to the member any benefits or allowances except as provided in subsection (gg) or (ii) of G.S. 135‑4. The order shall state the dates on which the conduct occurred. If the judge finds that no such grounds exist, he shall terminate the suspension, if any.

SECTION 5.5.  G.S. 128‑16 reads as rewritten:

§ 128‑16.  Officers subject to removal; for what offenses.

Any sheriff or police officer shall be removed from office by the judge of the superior court, resident in or holding the courts of the district where said officer is resident upon charges made in writing, and hearing thereunder, for the following causes:

(1)        For willful or habitual neglect or refusal to perform the duties of his office.

(2)        For willful misconduct or maladministration in office.

(3)        For corruption.

(4)        For extortion.

(5)        Upon conviction of a felony.

(6)        For intoxication, or upon conviction of being intoxicated.

If the superior court judge issues an order to the Board of Trustees determining that the member's removal from office was due to conduct directly related to the member's service and directing the Board not to pay retirement benefits or allowances to the member, except for a return of member contributions plus interest, then the Board shall not pay to the member any benefits or allowances except as provided in subsection (w) or (x) of G.S. 128‑26, or subsection (gg) or (ii) of G.S. 135‑4. The order shall state the dates on which the conduct occurred.

part vi. MEMBER RETIREMENT RECORD FILES HELD BY THE RETIREMENT SYSTEM AND PUBLIC RECORDS REQUESTS

SECTION 6.1.  G.S. 135‑6.1(c) reads as rewritten:

(c)      The following information regarding members and individuals in receipt of a recurring monthly benefit, if held by the Retirement System, is public and subject to subsection (d) of this section:

(1)        Name.

(2)        Age.

(3)        Date of membership in the applicable Retirement System, first service earned date, date of first enrollment, date of first employment, and date of retirement.

(4)        The terms of any contract by which the member is employed whether written or oral, past and current, to the extent that the Retirement System has the written contract or a record of the oral contract in its possession.

(5)        Current or most recently held position or title.

(6)        Compensation and other relevant remuneration history and benefits paid.

(7)        Date, general description, and type of each change and the corresponding employing agency.

(8)        The office or station to which the member is currently assigned, if any.

(9)        The record of benefit payments made by one of the Retirement Systems or Disability Benefits Programs administered by the Department of State Treasurer to a member or to the survivor, beneficiary, or alternate payee of a member.

(10)      Purchases of educational leave.

(11)      Whether the member has had creditable service forfeited.

SECTION 6.2.  G.S. 128‑33.1(c) reads as rewritten:

(c)      The following information regarding members and individuals in receipt of a recurring monthly benefit, if held by the Retirement System, is public subject to subsection (d) of this section:

(1)        Name.

(2)        Age.

(3)        Date of membership in the applicable Retirement System, first service earned date, date of first enrollment, date of first employment, and date of retirement.

(4)        The terms of any contract by which the member is employed whether written or oral, past and current, to the extent that the Retirement System has the written contract or a record of the oral contract in its possession.

(5)        Current or most recently held position or title.

(6)        Compensation and other relevant remuneration history and benefits paid.

(7)        Date, general description, and type of each change and the corresponding employing agency.

(8)        The office or station to which the member is currently assigned, if any.

(9)        The record of benefit payments made by one of the Retirement Systems or Disability Benefits Programs administered by the Department of State Treasurer to a member or to the survivor, beneficiary, or alternate payee of a member.

(10)      Purchases of educational leave.

(11)      Whether the member has had creditable service forfeited.

part vii. effective date

SECTION 7.1.  Except as otherwise provided, this act becomes effective January 1, 2024.