North Carolina § 58-86-45 - Additional retroactive membership.

§ 58-86-45. Additional retroactive membership.

Repealed by Session Laws 2013-284, s. 1(a), effective July 1, 2013. Any firefighter or rescue squad worker who is 35 years of age or older and who is a current or former member of a fire department or rescue squad chartered by the State of North Carolina may purchase credit for any periods of service to any chartered fire department or rescue squad not otherwise creditable by making a lump sum payment to the Annuity Savings Fund equal to the full liability of the service credits calculated on the basis of the assumptions used for purposes of the actuarial valuation of the system's liabilities, which payment shall take into account the retirement allowance arising on account of the additional service credit commencing at the earliest age at which the member could retire on a retirement allowance, as determined by the board of trustees upon the advice of the consulting actuary, plus an administrative fee to be set by the board of trustees. This provision for the payment of a lump sum for service "not otherwise creditable" shall apply, inter alia, to all purchases of service credits for months as to which timely payments were not previously made pursuant to G.S. 58-86-35 or G.S. 58-86-40, whichever is applicable. An eligible firefighter or rescue squad worker who is not yet 35 years old may apply to the board of trustees for membership in the fund at any time. Upon becoming a member, the worker may make a lump sum payment of ten dollars ($10.00) per month retroactively to the time the worker first became eligible to become a member, plus interest at an annual rate to be set by the board upon advice from actuary for each year of retroactive payments. Upon making this lump sum payment, the worker shall be given credit for all prior service in the same manner as if the worker had applied for membership upon first becoming eligible. A member of the Pension Fund who is not yet 35 years old may receive credit for the prior service upon making a lump sum payment of ten dollars ($10.00) for each month since the worker first became eligible, plus interest at an annual rate to be set by the board for each year of retroactive payments. Upon making this lump sum payment, the date of membership shall be the same as if the worker had applied for membership upon first becoming eligible. This provision for the payment of a lump sum for service "not otherwise creditable" shall apply, inter alia, to all purchases of service credits for months as to which timely payments were not previously made pursuant to G.S. 58-86-35 or G.S. 58-86-40, whichever is applicable, for any firefighter or rescue squad worker who is not yet 35 years of age or older and who is a current or former member of a fire department or rescue squad chartered by the State of North Carolina. History (1985 (Reg. Sess., 1986), c. 1014, s. 49.1(a); 1989, c. 693; 1993, c. 429, s. 1; 1995, c. 507, s. 7.21A(f); 2000-67, s. 26.17(a); 2009-66, s. 2(f); 2013-284, s. 1(a); 2016-56, s. 1.) Editor's Note. - Session Laws 1995, c. 507, which amended this section, in s. 7.21A(i) provides: "The changes made to G.S. 58-86-45 and G.S. 58-86-55 by this Part do not affect the credit received for service performed before July 1, 1995. The increase in monthly pension contributions from five dollars ($5.00) to ten dollars ($10.00) in G.S. 58-86-55 does not affect the amount of monthly contributions made prior to July 1, 1995." Session Laws 1995, c. 507, s. 28.9, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1995-97 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1995-97 biennium." Session Laws 2016-56, s. 10, is a severability clause. Effect of Amendments. - Session Laws 2009-66, s. 2(f), effective July 1, 2009, in subsection (b), in the first paragraph, deleted "and has not previously elected to become a member" following "35 years old" in the first sentence, and substituted "may make" for "must make" in the second sentence, and in the second paragraph deleted "who applied for membership after first becoming eligible, and who did not receive credit for prior service" preceding "may receive credit" in the first sentence. Session Laws 2013-284, s. 1(a), effective July 1, 2013, deleted subsection (a); in subsection (a1), substituted "Any firefighter" for "Effective July 1, 1993, any fireman" and added the last sentence; and, in subsection (b), substituted "firefighter" for "fireman" in the first sentence, and added "upon advise from actuary" in the second sentence. Session Laws 2016-56, s. 1, effective June 30, 2016, in subsection (a1), inserted "35 years of age or older and who is" in the first sentence; inserted the subsection (c) designation, inserted "of the Pension Fund" in the first sentence and added the last sentence. § 58-86-50: Repealed by Session Laws 2009-66, s. 2.(g), effective July 1, 2009.