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Current as of January 01, 2023 | Updated by FindLaw Staff
(a) Except as provided in G.S. 128-26(x), 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 federal law or the laws of this State if all of the following apply:
(1) The offense is committed while the member is in service.
(2) The conduct resulting in the member's conviction is directly related to the member's office or employment.
(b) Repealed by S.L. 2020-48, § 4.3(b), eff. June 26, 2020.
(c) If a member or former member whose benefits under the System were forfeited under this section, except for the return of member contributions plus interest, subsequently receives an unconditional pardon of innocence, or the conviction is vacated or set aside for any reason, then the member or former member may seek a reversal of the benefit forfeiture by presenting sufficient evidence to the State Treasurer. If the State Treasurer determines a reversal of the benefit forfeiture is appropriate, then all benefits will be restored upon repayment of all accumulated contributions plus interest. Repayment of all accumulated contributions that have been received by the individual under the forfeiture provisions of this section must be made in a total lump-sum payment with interest compounded annually at a rate of six and one-half percent (6.5%) for each calendar year from the year of forfeiture to the year of repayment. An individual receiving a reversal of benefit forfeiture must receive reinstatement of the service credit forfeited.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 128. Offices and Public Officers § 128-38.4A. Forfeiture of retirement benefits for certain felonies related to employment or holding office - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-128-offices-and-public-officers/nc-gen-st-sect-128-38-4a/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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