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 General Assembly recently enacted Session Law 2023-105, which, in pertinent part, creates a deadline for reimbursement of short-term disability benefits to the employer, authorizes the Retirement Systems Division (RSD) to review and approve short-term and extended short-term disability benefits, and amends the deadline to apply for extended short-term disability benefits. The Teachers’ and State Employees’ Retirement System (TSERS) Board of Trustees has proposed rules 20 NCAC 02O .0104, .0105, & .106 to implement the provisions of Parts II, III and IV of S.L. 2023-105.
In addition, RSD has a duty to pursue repayment of State funds by all lawful means available under G.S. § 143-64.80(b) and may not forgive repayments of an overpayment of State funds. Part VIII of Session Law 2023-105 sets forth less stringent recovery parameters that still allow RSD to satisfy its duty to pursue repayment if the overpayment occurred “entirely due to administrative error on the part of the Retirement Systems Division.” Proposed Rule 20 NCAC 02B .0215 seeks to identify specific causes of overpayments which are not considered entirely due to administrative error and to establish a process for RSD or members to initiate review of an overpayment for instances of overpayments made under the TSERS system.
The Teachers’ and State Employees’ Retirement System Board of Trustees (TSERS) is currently accepting public comment on the adoption of proposed new rules 20 NCAC 02O .0104, .0105, and .0106 related to short-term disability changes and on proposed new rule 20 NCAC 02B .0215 related to administrative error considerations in overpayments.
The text of the proposed rule changes and explanation can be viewed within the Notice of Text at:
LGERS Proposed Rule
RSD has a duty to pursue repayment of State funds by all lawful means available under G.S. § 143-64.80(b) and may not forgive repayments of an overpayment of State funds. Part VIII of Session Law 2023-105 sets forth less stringent recovery parameters that still allow RSD to satisfy its duty to pursue repayment if the overpayment occurred “entirely due to administrative error on the part of the Retirement Systems Division.” The Local Governmental Employees’ Retirement System (LGERS) Board of Trustees is proposing a rule to identify specific causes of overpayments which are not considered entirely due to administrative error and to establish a process for RSD or members to initiate review of an overpayment under the LGERS system.
The Local Governmental Employees’ Retirement System Board of Trustees (LGERS) is currently accepting public comment on the adoption of proposed new rule 20 NCAC 02C .0212 related to administrative error considerations in overpayments.
The text of the proposed rule changes and explanation can be viewed within the Notice of Text at:
Comments regarding the above-described proposed rule changes may be submitted to:
Department of State Treasurer
ATTN: Laura Rowe, Rulemaking Coordinator
3200 Atlantic Avenue
Raleigh, NC 27604
DST.NCAC@nctreasurer.com
A determination was made that neither state nor local funds are impacted by the proposed rules.
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.
Department of State Treasurer Rulemaking
This page contains information about rulemaking activity of the Department of State Treasurer or by the boards within the Department, including information about proposed rules actions.
Questions about rulemaking may be submitted to:
Department of State Treasurer
ATTN: Rulemaking Coordinator
3200 Atlantic Avenue
Raleigh, NC 27604
DST.NCAC@nctreasurer.com
The North Carolina Administrative Code is available from the Office of Administrative Hearings.