North Carolina § 143-166 - 84. Eligibility.

§ 143-166. 84. Eligibility.

Each county sheriff who has retired from the Local Governmental Employees' Retirement System, and who has attained the age of 55 years or attained 30 years of creditable service regardless of age, and who has completed at least 10 years of eligible service as sheriff, is entitled to receive a monthly pension under this Article. Each county sheriff who withdrew any service standing to his credit in the Local Governmental Employees' Retirement System prior to July 1, 1986, and who has attained the age of 55 or attained 30 creditable years of service regardless of age, and who has completed at least 10 years of eligible service as sheriff, is entitled to receive a monthly pension under this Article provided the sheriff is not eligible to receive any retirement benefit from any State or locally sponsored plan. Each county sheriff who has been approved for disability benefits from the Local Governmental Employees' Retirement System is eligible to receive benefits from the Fund based on years of creditable service as sheriff, regardless of age, provided the retiree has at least 10 years of eligible service as sheriff. Each eligible retired sheriff as defined in subsections (a), (a1), and (a2) of this section relating to age and service shall be entitled to receive a monthly pension under this Article beginning with the month immediately following the effective date of retirement. For the purposes of this Article, the term "eligible service as sheriff" means membership service rendered since the person became sheriff and, if the person has sick leave standing to his or her credit accrued as a member of the Local Governmental Employees' Retirement System and, after notification to the Retirement Systems Division by the retiring sheriff and the Department of Justice, elects to have all of that sick leave applied to service under this Article instead of service in the Local Governmental Employees' Retirement System, one month of credit for each 20 days or portion thereof, but not less than one hour, and subject to all the requirements and restrictions of G.S. 128-26(e). History (1985, c. 729, s. 1; 1985 (Reg. Sess., 1986), c. 1030, ss. 3, 5(a); 1987, c. 177, s. 3; 1989 (Reg. Sess., 1990) c. 1079, s. 1; 1991 (Reg. Sess., 1992), c. 900, s. 54(b); 2017-128, s. 5(a); 2020-29, s. 6(a), (b).) Editor's Note. - Session Laws 2017-128, s. 5(b), provided, in part, that subsection (c) expires July 1, 2022. Session Laws 2020-29, s. 6(b), effective October 1, 2020, amended Session Laws 2017-128, s. 5(b), to delete the expiration provision. Session Laws 2017-128, s. 9, is a severability clause. Session Laws 2020-29, s. 6(c) made the amendment to subsection (c) of this section by Session Laws 2020-29, s. 6(a), effective October 1, 2020, and applicable to all elections to have sick leave applied to service under the Sheriffs' Supplemental Pension Fund on or after that date. Effect of Amendments. - Session Laws 2017-128, s. 5(a), effective July 1, 2017, added subsection (c). For expiration date, see note. Session Laws 2020-29, s. 6(a), inserted "retiring sheriff and the" near the middle of subsection (c). For effective date and applicability, see editor's note.