North Carolina General Statutes 128-34. Transfer of members
Terms Used In North Carolina General Statutes 128-34
- Creditable service: shall mean the total of "prior service" plus "membership service" plus service, both noncontributory and purchased, for which credit is allowable as provided in N. See North Carolina General Statutes 128-21
- Employee: shall mean any person who is regularly employed in the service of and whose salary or compensation is paid by the employer as defined in subdivision (11) of this section, whether employed or appointed for stated terms or otherwise, except teachers in the public schools and except such employees who hold office by popular election as are not required to devote a major portion of their time to the duties of their office. See North Carolina General Statutes 128-21
- Employer: shall mean any county, incorporated city or town, the board of alcoholic control of any county or incorporated city or town, the North Carolina League of Municipalities, and the State Association of County Commissioners. See North Carolina General Statutes 128-21
- Member: shall mean any person included in the membership of the Retirement System as provided in N. See North Carolina General Statutes 128-21
- Prior service: shall mean the service of a member rendered before the date he becomes a member of the System, certified on his prior service certificate and allowable as provided by N. See North Carolina General Statutes 128-21
- Retirement System: shall mean the North Carolina Local Governmental Employees' Retirement System as defined in this Article. See North Carolina General Statutes 128-21
- Service: shall mean service as an employee as described in subdivision (10) of this section and paid for by the employer as described in subdivision (11) of this section. See North Carolina General Statutes 128-21
- 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
(a) Any member of the North Carolina Governmental Employees’ Retirement System who leaves the service of his employer and enters the service of another employer participating in the North Carolina Governmental Employees’ Retirement System shall maintain his status as a member of the Retirement System and shall be credited with all of the amounts previously credited to his account in any of the funds under this Article, but the new employer shall be responsible for any accrued liability contribution payable on account of any prior service credit which such employee may have at the time of the transfer, and such employee shall be given such status and be credited with such service with the new employer as allowed with the former employer.
(b) Any member of the Local Governmental Employees’ Retirement System shall be entitled prior to his retirement to transfer to this Retirement System his credits for membership and prior service in the Teachers’ and State Employees’ Retirement System: Provided, the actual transfer of employment is made while he has an active account in the State System and such person shall request the State System to transfer his accumulated contributions, interest, and service credits to this Retirement System; provided further, the State System agrees to transfer to this Retirement System the amount of reserve held in the State System as the result of previous contributions of the employer on behalf of the transferring employee.
(c) Any member whose services are terminated for any reason other than retirement or death who becomes employed by an employer participating in the Teachers’ and State Employees’ Retirement System shall be entitled to transfer to the State System his credits for membership and prior service in this Retirement System in accordance with N.C. Gen. Stat. § 135-18.1: Provided, the actual transfer of employment is made while he has an active account in this Retirement System and such persons shall request this Retirement System to transfer his accumulated contributions, interest, and service credits to the State System. When such request is made by a member who is entitled to make it and who becomes a member of the State System after July 1, 1969, this Retirement System will also transfer to the State System the amount of reserve held by this System as a result of previous contributions of the employer on behalf of the transferring employee.
(d) The accumulated contributions and creditable service of any member whose service as an employee has been or is terminated other than by retirement or death and who, while still a member of this Retirement System, became or becomes a member, as defined in N.C. Gen. Stat. § 135-53(11), of the Consolidated Judicial Retirement System for a period of five or more years may, upon application of the member, be transferred from this Retirement System to the Consolidated Judicial Retirement System. In order to effect the transfer of a member’s creditable service from the Local Governmental Employees’ Retirement System to the Consolidated Judicial Retirement System, there shall be transferred from the Local Governmental Employees’ Retirement System to the Consolidated Judicial Retirement System the sum of (i) the accumulated contributions of the member credited in the annuity savings fund and (ii) the amount of reserve held in the Local Governmental Employees’ Retirement System as a result of previous contributions by the employer on behalf of the transferring member. (1939, c. 390, s. 14; 1971, c. 325, s. 20; 1973, c. 242, s. 11; 1999-237, s. 28.24(a).)