North Carolina § 135-70 - 1. Transfer of members from the Local Governmental Employees' Retirement System, the Teachers' and State Employees' Retirement System, or the Legislative Retirement System.

§ 135-70. 1. Transfer of members from the Local Governmental Employees' Retirement System, the Teachers' and State Employees' Retirement System, or the Legislative Retirement System.

The accumulated contributions, creditable service, and reserves, if any, of a former teacher or employee, as defined in G.S. 135-1(25), 135-1(10), and 128-21(10), respectively, or a former member of the General Assembly who is a member of the Consolidated Judicial Retirement System for a period of five or more years may, upon application of the member, be transferred from the Local Governmental Employees' Retirement System, the Teachers' and State Employees' Retirement System, or the Legislative Retirement System to the Consolidated Judicial Retirement System. The accumulated contributions, creditable service, and reserves of any member whose service as a teacher or employee or member of the General Assembly is terminated other than by retirement or death and who becomes a member of the Consolidated Judicial Retirement System may, upon application of the member, be transferred from the Local Governmental Employees' Retirement System, the Teachers' and State Employees' Retirement System, or the Legislative Retirement System to the Consolidated Judicial Retirement System. In order to effect the transfer of a member's creditable service from the Local Governmental Retirement System, the Teachers' and State Employees' Retirement System, or the Legislative Retirement System, to the Consolidated Judicial Retirement System, the accumulated contributions of each member credited in the annuity savings fund in the Local Governmental Employees' Retirement System, the Teachers' and State Employees' Retirement System, or the Legislative Retirement System shall be transferred and credited to the annuity savings fund in the Consolidated Judicial Retirement System. The Board of Trustees shall effect such rules as it may deem necessary to administer the preceding subsection and to prevent any duplication of service credits or benefits that might otherwise occur. History (1999-237, s. 28.24(h); 2003-284, s. 30.18(e); 2005-276, s. 29.30A(h); 2005-345, s. 42.) Editor's Note. - As enacted by 1999-237, s. 28.24(h), this section was numbered G.S. 135-70 A. This section was renumbered as G.S. 135-70.1 at the direction of the Revisor of Statutes. Session Laws 2005-345, s. 42, repealed Session Laws 2005-276, s. 29.30A(h), which had proposed to amend this section by adding a subsection (a1) concerning the transfer of accumulated contributions, etc., of Utilities Commissioners. Session Laws 2008-107, s. 26.24(i), provides: "Notwithstanding the provisions of G.S. 135-28.1 , G.S. 135-70.1 , or any other law, any member covered by this section shall not be eligible to transfer any remaining creditable service from the Teachers' and State Employees' Retirement System to the Consolidated Judicial Retirement System until the member has contributed to the Consolidated Judicial System for a period of five years beginning July 1, 2008." Session Laws 2008-107, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2008'." Session Laws 2008-107, s. 30.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2008-2009 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2008-2009 fiscal year." Session Laws 2008-107, s. 30.5, is a severability clause. Effect of Amendments. - Session Laws 2003-284, s. 30.18(e), effective January 1, 2004, at the end of the section heading, added "or the Legislative Retirement System"; in subsection (a), in the first sentence, inserted "or a former member of the General Assembly" following "128-21(10), respectively," and inserted "or the Legislative Retirement System" following "Employees' Retirement System," in the second sentence, inserted "or a member of the General Assembly" following "a teacher or employee," and inserted "or the Legislative Retirement System" following "Employees' Retirement System," and in the last sentence, inserted "or the Legislative Retirement System" twice following "Employees' Retirement System"; and made minor stylistic and punctuation changes throughout.