N.C. Administrative Code (Rules)
Department of State Treasurer, Teachers’ and State Employees’ Retirement System Board of Trustees and Local Governmental Employees’ Retirement System Board of Trustees
TSERS Proposed Rules
The Teachers’ and State Employees’ Retirement System (TSERS) is a governmental pension plan under Section 414(d) of the Internal Revenue Code. G.S. 135-1(11) defines the employing units participating in TSERS. Participating employing units make contributions to TSERS each month associated with regular payroll, and also may be required to make additional contributions to TSERS for various reasons under law. This rule proposed amendment seeks to clarify that if TSERS must repay or reimburse an employing unit for any reason, the refund will occur in the form of a credit to be applied against the employing unit’s future contribution requirements to TSERS.
Additionally, the second proposed rule describes what information is required to be submitted by an employing unit that will constitute "clear and convincing evidence" of the employing unit’s intention to hire an employee in a membership-eligible position, in order to extend the employing unit’s inactive status within the Teachers’ and State Employees’ Retirement System.
The Teachers’ and State Employees’ Retirement System Board of Trustees (TSERS) is currently accepting public comment on the adoption of proposed amendment to rule 20 NCAC 02B .0401 related to refunds and on proposed new rule 20 NCAC 02B .0216 related to inactive employer extension requests.
The text of the proposed rule changes and explanation can be viewed within the Notice of Text at:
Notice of Text TSERS
The Regulatory and Fiscal Impact Analysis’ (Fiscal Notes) prepared and approved by the LGERS Board and approved by the Office of State Budget Management may be viewed at:
20 NCAC 02B .0401
20 NCAC 02B .0216
LGERS Proposed Rule
The Local Governmental Employees’ Retirement System (LGERS) is a governmental pension plan under Section 414(d) of the Internal Revenue Code. G.S. 128-21(11) defines the employing units potentially eligible to participate in LGERS. Participating employing units make contributions to LGERS each month associated with regular payroll, and also may be required to make additional contributions to LGERS for various reasons under law. This proposed amendment seeks to clarify that if LGERS must repay or reimburse an employing unit for any reason, the refund will occur in the form of a credit to be applied against the employing unit’s future contribution requirements to LGERS.
The second proposed rule describes what information is required to be submitted by an employing unit that will constitute "clear and convincing evidence" of the employing unit’s intention to hire an employee in a membership-eligible position, in order to extend the employing unit’s inactive status within the Local Governmental Employees’ Retirement System.
The third proposed rule seeks to clarify the Local Governmental Employees’ Retirement System (LGERS) Board of Trustees’ discretionary ability under G.S. 128-27. Under G.S. 128-27 the LGERS Board may require any disability beneficiary under the age of 60 to undergo a medical examination once each year during the first five years of the disability allowance, and once every three years thereafter. Pursuant to the proposed rule, and within the Board’s discretion, the LGERS Board will not require such medical re-examinations of disability retirees who have provided the Retirement System Division with documentation of their approval for primary federal Social Security disability benefits.
The Local Governmental Employees’ Retirement System Board of Trustees (LGERS) is currently accepting public comment on the adoption of proposed amendment to rule 20 NCAC 02C .0403 related to refunds, on proposed new rule 20 NCAC 02C .0213 related to inactive employer extension requests, and on proposed new rule 20 NCAC 02C .0505 related to disability retirement reexaminations.
The text of the proposed rule changes and explanation can be viewed within the Notice of Text at:
The Regulatory and Fiscal Impact Analysis’ (Fiscal Notes) prepared and approved by the LGERS Board and approved by the Office of State Budget Management may be viewed at:
20 NCAC 02C .0403
20 NCAC 02C .0213
20 NCAC 02C .0505
Comments regarding the above-described proposed rule changes may be submitted to:
Department of State Treasurer
ATTN: Elizabeth Hawley, 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, facsimile transmission, or email. 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.