North Carolina § 128-38 - 4B. Prohibition on purchase of forfeited service.
Full text of North Carolina North Carolina General Statutes § 128-38 — 4B. Prohibition on purchase of forfeited service., with citation guidance and answers to common questions.
§ 128-38. 4B. Prohibition on purchase of forfeited service.
Any member whose retirement benefits have been forfeited under G.S. 128-38.4 or G.S. 128-38.4 A is prohibited from subsequently purchasing or repurchasing either those forfeited benefits or any creditable membership service associated with those forfeited benefits and that service may not be used for the purposes of eligibility for benefits in any retirement system that provides reciprocal benefits. History (2018-52, s. 6(b); 2020-48, s. 4.5(b).) Editor's Note. - The preamble and s. 1 of Session Laws 2018-52 provide: "Whereas, the employee benefit programs operated by the Department of State Treasurer are an intergenerational partnership between public employees and taxpayers of the State, it is incumbent upon the administrators of those programs to provide for Financial Accountability, Integrity, and Recovery of assets (FAIRness); and "Whereas, taxpayers should expect FAIRness in these employee benefit programs, and the Department of State Treasurer should be provided all tools necessary to promote that goal; and "Whereas, public employees who are participants in these employee benefit programs by virtue of deductions from compensation should also expect FAIRness as a baseline in the operation of these programs; and "Whereas, future generations of North Carolinians benefit from fiscally responsible management provided by FAIRness of these employee benefit programs by the current generation; Now, therefore, "Section 1. This act shall be known and cited as the 'Financial Accountability, Integrity, and Recovery Act of 2018' ." Session Laws 2018-52, s. 11, made this section effective June 25, 2018. Session Laws 2020-48, s. 6.1, is a severability clause. Effect of Amendments. - Session Laws 2020-48, s. 4.5(b), effective June 26, 2020, added "and that service may not be used for the purposes of eligibility for benefits in any retirement system that provides reciprocal benefits" at the end.
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 128-38
What does North Carolina General Statutes § 128-38 cover?
Section 128-38 ("4B. Prohibition on purchase of forfeited service.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Carolina § 128-38?
A common citation format is "North Carolina General Statutes § 128-38" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.
How does North Carolina § 128-38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.