North Carolina § 135-48 - 54. Optional participation for charter schools operated by private nonprofit corporations or municipalities.

§ 135-48. 54. Optional participation for charter schools operated by private nonprofit corporations or municipalities.

Repealed by Session Laws 2018-84, s. 11(a), effective June 25, 2018. No later than two years after both parties have signed the written charter under G.S. 115C-218.15, the board of directors of a charter school operated by a private nonprofit corporation or a charter school operated by a municipality shall elect whether to become a participating employer in the Plan in accordance with this Article. This election shall be in writing and filed with the Plan and the State Board of Education. This election is effective for each charter school employee as of the date of that employee's entry into eligible service. A charter school making an election to become a participating employing unit in the Plan under this section shall provide notice of the intent to make that election six months prior to making the election; provided that the Plan shall not prohibit a charter school from becoming a participating employing unit solely because that charter school did not provide this notice. A board's election to become a participating employer in the Plan under this section is irrevocable and shall require all eligible employees of the charter school to participate. If a charter school's board of directors does not elect to become a participating employer in the Plan under this section, that school's employees and the dependents of those employees are not eligible for any benefits under the Plan on account of employment with a charter school. The board of directors of each charter school shall notify each of its employees as to whether the board elected to become a participating employer in the Plan under this section. This notification shall be in writing and shall be provided within 30 days of the board's election or at the time an initial offer for employment is made, whichever occurs last. If the board did not elect to become a participating employer in the Plan, the notice shall include a statement that the employee shall have no legal recourse against the board or the State for any possible benefit under the Plan. The employee shall provide written acknowledgment of the employee's receipt of the notification under this subsection. History (1998-212, s. 9.14A(e); 2008-168, ss. 1(a), 3(a), (i); 2011-85, ss. 2.6(f), 2.10; 2014-101, s. 7; 2018-84, s. 11(a); 2018-145, s. 20(e).) Local Modification. - Clover Garden Charter School: 2003-354, s. 1; Corvian Community School: 2013-279, s. 1. Editor's Note. - Session Laws 2011-85, s. 2.6(f), effective January 1, 2012, recodified former G.S. 135-45.5 as G.S. 135-48.54 . Former G.S. 135-45.5 itself was formerly codified as G.S. 135-40.3A. It was recodified as G.S. 135-39.17 under Part 3A of Article 3A of Chapter 135 by Session Laws 2008-168, s. 3(i), effective July 1, 2008, but was renumbered as G.S. 135-45.5 at the direction of the Revisor of Statutes. Certain Municipalities Authorized to Establish and Operate Charter Schools. - Session Laws 2018-3, authorized municipalities in the Towns of Cornelius, Huntersville, Matthews, and Mint Hill to establish and operate charter schools. Editor's Note. - Session Laws 2003-69, s. 1, provides: "Notwithstanding the time limitations contained in G.S. 135-5.3(b) and G.S. 135-40.3A(b), the board of directors of any charter school that received State Board of Education approval under G.S. 115C-238.29D on or after January 1, 2002, and the board of directors of River Mill Academy in Alamance County may elect to become a participating employer in the Teachers' and State Employees' Retirement System in accordance with Article 1 of Chapter 135 of the General Statutes and may also elect to become a participating employing unit in the North Carolina Teachers' and State Employees' Comprehensive Major Medical Plan in accordance with Article 3 of Chapter 135 . The elections authorized by this section shall be made no later than 30 days after the effective date of this act [effective date was May 20, 2003] and shall be made in accordance with all other requirements of G.S. 135-5.3 and G.S. 135-40.3A." Session Laws 2004-164, s. 1, provides: "Notwithstanding the time limitations contained in G.S. 135-5.3 and G.S. 135-40.3A, the boards of directors of (i) New Century High School in Saxapahaw; (ii) Lake Norman Charter School in Huntersville; (iii) Exploris Middle School in Raleigh, a charter school division of Exploris; (iv) Magellan Charter School in Raleigh; (v) American Renaissance Charter School in Statesville; and (vi) Healthy Start Academy in Durham may elect to become participating employers in the Teachers' and State Employees' Retirement System in accordance with Article 1 of Chapter 135 of the General Statutes and may also elect to become participating employing units in the North Carolina Teachers' and State Employees' Comprehensive Major Medical Plan in accordance with Article 3 of Chapter 135 . The elections authorized by this section shall be made no later than 30 days after the effective date of this act [effective date was August 2, 2004] and shall be made in accordance with all other requirements of G.S. 135-5.3 and G.S. 135-40.3A." Session Laws 2005-317, s. 1, provides: "Notwithstanding the time limitations contained in G.S. 135-5.3 and G.S. 135-40.3A, the boards of directors of Success Institute, a charter school in Statesville, and Piedmont Community Charter School in Gastonia may elect to become participating employers in the Teachers' and State Employees' Retirement System in accordance with Article 1 of Chapter 135 of the General Statutes and may also elect to become participating employing units in the North Carolina Teachers' and State Employees' Comprehensive Major Medical Plan in accordance with Article 3 of Chapter 135 . The elections authorized by this section shall be made no later than 30 days after the effective date of this act [effective date was August 25, 2005] and shall be made in accordance with all other requirements of G.S. 135-5.3 and G.S. 135-40.3A." Session Laws 2010-137, s. 1, provides: "Notwithstanding the time limitation contained in G.S. 135-5.3 and G.S. 135-45.5, the Board of Directors of Brevard Academy, a charter school located in Brevard, may elect to become a participating employer in the Teachers and State Employees Retirement System in accordance with Article 1 of Chapter 135 of the General Statutes and may also elect to become a participating employing unit in the State Health Plan for Teachers and State Employees in accordance with Article 3A of Chapter 135 . The elections authorized by this act shall be made no later than 30 days after the effective date of this act [July 21, 2010] and shall be made in accordance with all other requirements of G.S. 135-5.3 and G.S. 135-45.5." Session Laws 2012-192, s. 1, provides: "Notwithstanding the time limitation contained in G.S. 135-48.54(a) , the Boards of Directors of (i) Sterling Montessori Academy and Charter School, located in Morrisville, North Carolina, and (ii) the Casa Esperanza Montessori Charter School, located in Raleigh, North Carolina, may elect to become participating employing units in the State Health Plan for Teachers and State Employees in accordance with Article 3B of Chapter 135 of the General Statutes. The election authorized by this section shall be made no later than 30 days after the effective date of this act [effective date was July 17, 2012] and shall be made in accordance with all other requirements of G.S. 135-48.54 ." G.S. 115C-238.29D, enacted by Session Laws 1998-212, s. 2, and referenced in subsections (a) and (b) of this section, has been renumbered as G.S. 115C-218.5 at the direction of the Revisor of Statutes, pursuant to Session Laws 2014-101, s. 7. Session Laws 2014-101, s. 8, provides, in part: "Except as otherwise provided, this act is effective when it becomes law [August 6, 2014] and applies beginning with the 2014-2015 school year." Session Laws 2015-112, s. 4, provides: "Notwithstanding the time limitation contained in G.S. 135-48.54 , the Board of Directors of Pioneer Springs Community School, a charter school located in Charlotte, may elect to become a participating employing unit in the State Health Plan for Teachers and State Employees in accordance with Article 3B of Chapter 135 of the General Statutes. The election authorized by this act shall be made no later than 30 days after the effective date of this act [effective date was June 24, 2015] and shall be made in accordance with all other requirements of G.S. 135-48.54 ." Session Laws 2016-106, s. 1, provides: "Notwithstanding the time limitation contained in G.S. 135-48.54 , the Board of Directors of Longleaf School of the Arts, a charter school located in Raleigh, may elect to become a participating employing unit in the State Health Plan for Teachers and State Employees in accordance with Article 3B of Chapter 135 of the General Statutes. The election authorized by this act shall be made no later than 30 days after the effective date of this act [effective date was July 22, 2016] and shall be made in accordance with all other requirements of G.S. 135-48.54 ." Session Laws 2018-84, s. 11(b), provides: "Notwithstanding the time limitation contained in G.S. 135-48.54 , as amended by Section 11(a) of this act, any charter school that has been chartered in accordance with Article 14A of Chapter 115C of the General Statutes that has not voluntarily elected to become a participating employing unit in the State Health Plan for Teachers and State Employees (Plan) as of the effective date of this act [June 25, 2018] may elect to become a participating employing unit in the Plan within two years of the effective date of this act [June 25, 2018]. The election authorized by this section shall be made in accordance with all other requirements of G.S. 135-48.54 . A charter school making an election to become a participating employing unit in the Plan under this section shall provide notice of the intent to make that election six months prior to making the election; provided that the Plan shall not prohibit a charter school from becoming a participating employing unit solely because that charter school did not provide this notice." Effect of Amendments. - Session Laws 2011-85, s. 2.10, effective January 1, 2012, in the second sentence of subsection (a) substituted "after October 28, 1998" for "after this section becomes law" and "Plan" for "Executive Administrator and Board of Trustees"; and in the second sentence of subsection (b), substituted "Plan" for "Executive Administrator, the Board of Trustees." Session Laws 2014-101, s. 7, effective August 6, 2014, substituted "G.S. 115C-218.15" for "G.S. 115C-238.29E" in subsection (b). See Editor's note for applicability. Session Laws 2018-84, s. 11(a), effective June 25, 2018, deleted subsection (a), which read "The board of directors of each charter school operated by a private nonprofit corporation shall elect whether to become a participating employer in the Plan in accordance with this Article. This election shall be in writing, shall be made no later than 30 days after October 28, 1998, and shall be filed with the Plan and with the State Board of Education. For each charter school employee who is employed on or before the date the board makes the election, membership in the Plan is effective as of the date the board makes the election. For each charter school employee who is employed after the date the board makes the election, membership in the Plan is effective as of the date of that employee's entry into eligible service. This subsection applies only to charter schools that received State Board of Education approval under [former] G.S. 115C-238.29D in 1997 or 1998."; and deleted the last sentence in subsection (b), which read "This subsection applies to charter schools that receive State Board of Education approval under [former] G.S. 115C-238.29D [or G.S. 115C-218.5 ] after 1998."; and added subsection (b1). Session Laws 2018-145, s. 20(e), effective December 27, 2018, in the section heading, inserted "or municipalities" following "nonprofit corporations"; and in subsection (b), inserted "or a charter school operated by a municipality" preceding "shall elect."