North Carolina General Statutes 128-38.4A. Forfeiture of retirement benefits for certain felonies related to employment or holding office
(a) Except as provided in N.C. Gen. Stat. § 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 the laws of this State if all of the following apply:
(1) The offense is committed while the member is in service.
Terms Used In North Carolina General Statutes 128-38.4A
- Board of Trustees: shall mean the Board provided for in N. See North Carolina General Statutes 128-21
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Member: shall mean any person included in the membership of the Retirement System as provided in N. See North Carolina General Statutes 128-21
- Service: shall mean service as an employee as described in subdivision (10) of this section and paid for by the employer as described in subdivision (11) of this section. See North Carolina General Statutes 128-21
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Year: shall mean the regular fiscal year beginning July 1, and ending June 30; in the following calendar year unless otherwise defined by regulation of the Board of Trustees. See North Carolina General Statutes 128-21
(2) The conduct resulting in the member’s conviction is directly related to the member’s office or employment.
(b) Repealed by Session Laws 2020-48, s. 4.3(b), effective June 26, 2020.
(c) If a member or former member whose benefits under the System were forfeited under this section, except for the return of member contributions plus interest, subsequently receives an unconditional pardon of innocence, or the conviction is vacated or set aside for any reason, then the member or former member may seek a reversal of the benefit forfeiture by presenting sufficient evidence to the State Treasurer. If the State Treasurer determines a reversal of the benefit forfeiture is appropriate, then all benefits will be restored upon repayment of all accumulated contributions plus interest. Repayment of all accumulated contributions that have been received by the individual under the forfeiture provisions of this section must be made in a total lump-sum payment with interest compounded annually at a rate of six and one-half percent (6.5%) for each calendar year from the year of forfeiture to the year of repayment. An individual receiving a reversal of benefit forfeiture must receive reinstatement of the service credit forfeited. (2012-193, s. 3; 2020-48, s. 4.3(b).)