North Carolina General Statutes 120-4.33. Forfeiture of retirement benefits for certain felonies
(a) Except as provided in N.C. Gen. Stat. § 120-4.12(f), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony under the federal laws listed in subsection (b) of this section or the laws of this State listed in subsection (c) of this section if all of the following apply:
(1) The federal or State offense is committed while serving as a member of the General Assembly.
Terms Used In North Carolina General Statutes 120-4.33
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Juror: A person who is on the jury.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Retirement: means the withdrawal from active service with a retirement allowance granted under the provisions of this Article. See North Carolina General Statutes 120-4.8
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The conduct on which the federal or State offense is based is directly related to the member’s service as a member of the General Assembly.
(b) The federal offenses covered by this section are as follows:
(1) A felony violation of 18 U.S.C. § 201 (Bribery of public officials and witnesses), 18 U.S.C. § 286 (Conspiracy to defraud the Government with respect to claims), 18 U.S.C. § 287 (False, fictitious or fraudulent claims), 18 U.S.C. § 371 (Conspiracy to commit offense or to defraud United States), 18 U.S.C. § 597 (Expenditures to influence voting), 18 U.S.C. § 599 (Promise of appointment by candidate), 18 U.S.C. § 606 (Intimidation to secure political contributions), 18 U.S.C. § 641 (Public money, property, or records), 18 U.S.C. § 666 (Embezzlement and theft), 18 U.S.C. § 1001 (Statements or entries generally), 18 U.S.C. § 1341 (Frauds and swindles), 18 U.S.C. § 1343 (Fraud by wire, radio, or television), 18 U.S.C. § 1503 (Influencing or injuring officer or juror generally), 18 U.S.C. § 1951 (Interference with commerce by threats or violence), 18 U.S.C. § 1952 (Interstate and foreign travel or transportation in aid of racketeering enterprises), 18 U.S.C. § 1956 (Laundering of monetary instruments), 18 U.S.C. § 1962 (Prohibited activities), or section 7201 of the Internal Revenue Code (Attempt to evade or defeat tax).
(2) Reserved for future codification purposes.
(c) The offenses under the laws of this State covered by this section are as follows:
(1) A felony violation of Article 29, 30, or 30A of Chapter 14 of the N.C. Gen. Stat. (Relating to bribery, obstructing justice, and secret listening) or N.C. Gen. Stat. § 14-228 (Buying and selling offices), or Part 1 of Article 14 of Chapter 120 of the N.C. Gen. Stat. (Code of Legislative Ethics), Article 20 or 22 of Chapter 163 of the N.C. Gen. Stat. (Relating to absentee ballots, corrupt practices and other offenses against the elective franchise, and regulating of contributions and expenditures in political campaigns).
(2) Perjury or false information as follows:
a. Perjury committed under N.C. Gen. Stat. § 14-209 in falsely denying the commission of an act that constitutes an offense within the purview of an offense listed in subdivision (1) of subsection (c) of this section.
b. Subornation of perjury committed under N.C. Gen. Stat. § 14-210 in connection with the false denial of another as specified by subdivision (2) of this subsection.
c. Perjury under Article 22A of Chapter 163 of the N.C. Gen. Stat..
(d) All monies forfeited under this section shall be remitted to the Civil Penalty and Forfeiture Fund. (2007-179, s. 1(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)