N.C. Administrative Code (Rules)

Department of State Treasurer, Retirement Systems Decennial Rules Review Re-Adoption & Additional Revisions to Title 20, Chapter 2 Rules

N.C. General Statute §150B-21.3A requires State agencies to review existing rules every 10 years. The first phase of the Decennial Review process requires State agencies to classify rules as “necessary” or “unnecessary” and to put those classifications out for public comment.  The second phase of the Decennial Review process requires State agencies to re-adopt those rules classified as “necessary” by a date set by the Rules Review Commission.

The Department of State Treasurer, Retirement Systems Division Teachers’ and State Employees’ Retirement System Board of Trustees and Local Governmental Employees’ Retirement System Board of Trustees completed the first phase (G.S. 150B-21.3A(c)(1)) of the Decennial Review process August 18, 2018.  The Rules Review Commission set December 31, 2022 as the date upon which the TSERS and LGERS Boards must re-adopt those rules classified as “necessary.” (G.S. 150B-21.3A(d)(2))

The Teachers’ and State Employees’ Retirement System Board of Trustees (TSERS) and Local Governmental Employees’ Retirement System Board of Trustees (LGERS) are currently accepting public comment on the re-adoption of rules within Title 20, Chapter 02 of the NC Administrative Code, including those classified as “necessary” in the first phase of the Decennial Rules Review process.  This re-adoption process includes proposed actions to (1) re-adopt rules with no substantive changes; (2) re-adopt rules with substantive changes; (3) repeal certain rules; (4) amend certain rules; and (5) adopt new rules within Title 20, Chapter 02.

The text of the proposed rule changes and explanation can be viewed within the Notice of Text at:

TSERS & LGERS Notice of Text

TSERS Notice of Text

LGERS Notice of Text

 

The Regulatory and Fiscal Impact Analysis (Fiscal Note) prepared and approved by the TSERS and LGERS Boards and approved by the Office of State Budget Management may be viewed at:
https://www.osbm.nc.gov/documents/files/DST_2022-04-07.

Comments regarding the proposed rule changes and fiscal note may be submitted to:
Department of State Treasurer
ATTN:  Laura Rowe, Rulemaking Coordinator
3200 Atlantic Avenue
Raleigh, NC 27604

DST.NCAC@nctreasurer.com

Procedure for Objection and Subjecting a Proposed Rule to Legislative Review: Any person who objects to the adoption of a permanent rule may submit written objections to DST.NCAC@nctreasurer.com. If the objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Rules Review Commission will receive written objections until 5:00 p.m. on the day following the day the Rules Review Commission approves the rule. The Rules Review Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Rules Review Commission, please contact a Rules Review Staff Attorney at 919-431-3000.

Federal Certification is not applicable to this set of proposed rule changes.