H.B. 417
GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 25, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10163-MGp-108
Short Title: The Sergeant Mickey Hutchens Act. (Public)
Sponsors: Representative Zenger.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT ALLOWING LAW ENFORCEMENT, PROBATION/PAROLE, AND
3 CORRECTIONAL OFFICERS WHO HOLD AN ADVANCED LAW ENFORCEMENT
4 OR CORRECTIONS CERTIFICATE ISSUED BY THE NORTH CAROLINA CRIMINAL
5 JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION OR THE
6 ADVANCED LAW ENFORCEMENT CERTIFICATE ISSUED BY THE NORTH
7 CAROLINA SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION
8 TO PURCHASE AT FULL COST UP TO FOUR YEARS' CREDITABLE SERVICE IN
9 THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM OR THE
10 LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM.
11 The General Assembly of North Carolina enacts:
12 SECTION 1. G.S. 135-4 is amended by adding a new subsection to read:
13 "(k2) Credit at Full Cost for Law Enforcement, Probation/Parole Officers, and Correctional
14 Officers Holding an Advanced Law Enforcement or Corrections Certificate. – Notwithstanding
15 any other provisions of this Chapter, a member who has completed at least five years of
16 membership service and who has been awarded the Advanced Law Enforcement Certificate or
17 the Advanced Corrections Certificate issued by the North Carolina Criminal Justice Education
18 and Training Standards Commission under the authority granted in Chapter 17C of the General
19 Statutes or the Advanced Law Enforcement Certificate issued by the North Carolina Sheriffs'
20 Education and Training Standards Commission under the authority granted in Chapter 17E of the
21 General Statutes may purchase up to a total of four years' creditable service at any time on or
22 after receipt of the certificate. Purchases of service under this subsection shall not be subject to
23 subsection (b) of this section. Purchases of service under this subsection shall not be associated
24 with any specific compensation or period of time. The member shall purchase this service by
25 making a lump sum amount payable to the Annuity Savings Fund equal to the full liability of the
26 service credits calculated on the basis of the assumptions used for purposes of the actuarial
27 valuation of the liabilities of the Retirement System. The calculation of the amount payable shall
28 take into account the retirement allowance arising on account of the additional service credit
29 commencing at the earliest age at which the member could retire on an unreduced retirement
30 allowance, as determined by the Board of Trustees upon the advice of the consulting actuary,
31 plus an administrative fee to be set by the Board of Trustees. Notwithstanding the foregoing
32 provisions of this subsection that provide for the purchase of service credits, the terms "full cost"
33 and "full liability" include assumed annual postretirement allowance increases, as determined by
34 the Board of Trustees, from the earliest age at which a member could retire on an unreduced
35 service allowance."
36 SECTION 2. G.S. 128-26 is amended by adding a new subsection to read:
*DRH10163-MGp-108*
General Assembly Of North Carolina Session 2021
1 "(z) Credit at Full Cost for Law Enforcement Officers Holding an Advanced Law
2 Enforcement Certificate. – Notwithstanding any other provisions of this Chapter, a member who
3 has completed at least five years of membership service and who has been awarded the Advanced
4 Law Enforcement Certificate issued by the North Carolina Criminal Justice Education and
5 Training Standards Commission under the authority granted in Chapter 17C of the General
6 Statutes or the North Carolina Sheriffs' Education and Training Standards Commission under the
7 authority granted in Chapter 17E of the General Statutes may purchase up to a total of four years'
8 creditable service at any time on or after receipt of the Advanced Law Enforcement Certificate.
9 Purchases of service under this subsection shall not be subject to subsection (b) of this section.
10 The purchased service shall not be associated with any specific compensation or period of time.
11 The member shall purchase this service by making a lump sum amount payable to the Annuity
12 Savings Fund equal to the full liability of the service credits calculated on the basis of the
13 assumptions used for purposes of the actuarial valuation of the liabilities of the Retirement
14 System. The calculation of the amount payable shall take into account the retirement allowance
15 arising on account of the additional service credit commencing at the earliest age at which the
16 member could retire on an unreduced retirement allowance, as determined by the Board of
17 Trustees upon the advice of the consulting actuary, plus an administrative fee to be set by the
18 Board of Trustees. Notwithstanding the foregoing provisions of this subsection that provide for
19 the purchase of service credits, the terms "full cost" and "full liability" include assumed annual
20 postretirement allowance increases, as determined by the Board of Trustees, from the earliest age
21 at which a member could retire on an unreduced service allowance."
22 SECTION 3. This act becomes effective July 1, 2021.
Page 2 DRH10163-MGp-108

Statutes affected:
Filed: 135-4, 128-26