North Carolina § 135-51 - Scope.

§ 135-51. Scope.

This Article provides consolidated retirement benefits for all justices and judges, district attorneys, and solicitors who are serving on January 1, 1974, and who become such thereafter; and for all clerks of superior court who are so serving on January 1, 1975, and who become such after that date; and for all public defenders who are serving on July 1, 2007, and who become public defenders after that date; and for the Director of Indigent Defense Services who is serving on July 1, 2008, and those who become Director of Indigent Defense Services after that date. For justices and judges of the appellate and superior court divisions of the General Court of Justice who so served prior to January 1, 1974, the provisions of this Article supplement and, under certain circumstances, replace the provisions of Articles 6 and 8, as the case may be, of Chapter 7A of the General Statutes. The retirement benefits of any person who becomes a justice or judge, district attorney, or solicitor on and after January 1, 1974, or clerk of superior court on and after January 1, 1975, or public defender on or after July 1, 2007, or the Director of Indigent Defense Services on or after July 1, 2008, shall be determined solely in accordance with the provisions of this Article. For district attorneys and judges of the district court of the General Court of Justice who so served prior to January 1, 1974, the provisions of this Article supplement and, under certain circumstances, replace the provisions of Article 1 of this Chapter. For clerks of superior court of the General Court of Justice who so served prior to January 1, 1975, the provisions of this Article supplement and, under certain circumstances, replace the provisions of Article 1 of this Chapter. History (1973, c. 640, s. 1; 1983 (Reg. Sess., 1984), c. 1031, s. 4; 2005-276, s. 29.30A(b); 2005-345, s. 42; 2007-323, s. 28.21B(b); 2008-107, s. 26.24(b).) Editor's Note. - Session Laws 2005-345, s. 42, repealed Session Laws 2005-276, s. 29.30A(b), which had proposed to amend subsection (a) of this section by substituting "after that date; and for all members of the Utilities Commission who are serving on September 1, 2005, and who become members of the Utilities Commission after that date" for "thereafter" at the end and by inserting "or a member of the Utilities Commission on or after September 1, 2005" in subsection (c). Effect of Amendments. - Session Laws 2007-323, s. 28.21B(b), effective July 1, 2007, substituted "after that date; and for all public defenders who are serving on July 1, 2007, and who become public defenders after that date" for "thereafter" at the end of subsection (a); and inserted "or public defender on or after July 1, 2007" near the end of subsection (c). Session Laws 2008-107, s. 26.24(b), effective July 1, 2008, added "and for the Director of Indigent Defense Services who is serving on July 1, 2008, and those who become Director of Indigent Defense Services after that date" at the end of subsection (a); and inserted "or the Director of Indigent Defense Services on or after July 1, 2008" in subsection (c).