Bill > H487

This bill modifies retirement and employment rules for retired Assistant District Attorneys (ADAs) and Assistant Public Defenders (APDs) in North Carolina, specifically reducing the mandatory separation period from six months to two months for those who have earned at least five years of membership service and are returning to work within the Judicial Branch. The bill requires the Administrative Office of the Courts and the Director of Indigent Services to monthly certify an employee's membership service, and places restrictions on these returning employees' ability to accrue additional retirement benefits. The bill is contingent upon receiving a favorable private letter ruling from the Internal Revenue Service (IRS) to ensure the change does not jeopardize the Teachers' and State Employees' Retirement System's status. If the IRS does not provide a favorable ruling by December 17, 2026, or issues an unfavorable determination, the bill will be automatically repealed. The State Treasurer is authorized to seek the IRS ruling and is appropriated $100,000 in nonrecurring funds to support this process. The bill is set to become effective January 1, 2027, with some provisions taking effect immediately, and is designed to provide more flexibility for experienced retired ADAs and APDs to return to public service with a shorter waiting period.