Bill > S364

This bill modifies retirement rules for retired Assistant District Attorneys (ADAs) and Assistant Public Defenders (APDs) in North Carolina, specifically reducing their mandatory separation period from six months to 30 days before returning to work. Currently, state retirees must completely separate from active service for six months before being eligible to return to work, but this legislation creates a special exception for ADAs and APDs, allowing them to return to work more quickly. The bill requires the State Treasurer to seek a private letter ruling from the Internal Revenue Service to ensure these changes do not jeopardize the status of the Teachers' and State Employees' Retirement System. If the IRS determines that the changes could compromise the retirement system's status, the bill includes provisions for automatic repeal. The legislation also appropriates $100,000 in nonrecurring funds to obtain the required IRS ruling and is set to become effective on January 1, 2027, giving state agencies and the retirement system time to prepare for the change. The goal appears to be providing more flexibility for retired legal professionals while maintaining the overall integrity of the state's retirement system.

Budget and Finance

https://www.ncleg.gov/BillLookUp/2025/S364