Proposed Rules for Adoption

Notice is hereby given in accordance with G.S. 150B-19.1(c) that the Supplemental Retirement Board of Trustees and the Department of State Treasurer proposes for adoption new rules establishing the assessment of administrative fees to participants of the Supplemental Retirement Income Plan [NC 401(k) Plan], the North Carolina Public Employee Deferred Compensation Plan [NC 457 Plan] and the North Carolina Public School Teachers’ and Professional Educators’ Investment Plan [NC 403(b) Program] (together “the plans”). The Notice of Text of the proposed rules can be viewed at the following link:

      Notice of Text 20 NCAC 11 .0101 and .0102

 

The Supplemental Retirement Board of Trustees and the Department of State Treasurer are proposing to adopt rules that would establish the assessment of administrative fees to participants’ accounts to pay for operational expenses; the rules also include a process for waiving fees. Additional information and background about the purpose for adopting the new rules can be found in the Notice of Text above.

The Fiscal Note approved by the Supplemental Retirement Board of Trustees, the Department of State Treasurer and by the Office of State Budget Management may be found at: https://files.nc.gov/ncosbm/documents/files/DST_2018-10-30.pdf.

The public comment period for these proposed rules and fiscal note has ended.

Department of State Treasurer

ATTN:  Rulemaking Coordinator

3200 Atlantic Avenue

Raleigh, NC 27604

dst.ncac@nctreasurer.com

919-814-3851

  

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 comments 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 p.m. on the day after the day the Rules Review Commission approves the rule. You may submit an objection to the Rules Review Commission by mail, delivery service, hand delivery or fax. 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 rules.

 

Proposed Rules for Adoption

Notice is hereby given in accordance with G.S. 150B-19.1(c) that the Board of Trustees for the Teachers’ and State Employees' Retirement System (TSERS) proposes for adoption a new rule establishing a contribution-based benefit cap factor. The Notice of Text can be viewed at the following link:

Notice of Text 20 NCAC 02B .0405 (TSERS)

 

The Board of Trustees for the Teachers’ and State Employees' Retirement System (TSERS) is proposing to adopt a rule that would establish a contribution-based benefit cap factor based upon the recommendation of the actuary, to implement the Fiscal Integrity/Pension-Spiking Prevention Act, Session Law 2014-88. Additional information and background about the purpose for adopting the new rule can be found in the Notice of Text above.

The Fiscal Note prepared by the Teachers’ and State Employees’ Retirement System Board of Trustees and approved by the Office of State Budget Management may be found at https://files.nc.gov/ncosbm/documents/files/DST_2017-11-28.pdf.

 

Department of State Treasurer Decennial Review of Existing Rules

N.C. General Statute §150B-21.3A adopted in 2013, requires state agencies to review existing rules every 10 years. The Department of State Treasurer rules are encompassed in the subchapters of Title 20 of the North Carolina Administrative Code.  Agency rules that do not complete the required decennial review expire, unless an exemption applies.  The Department's rules are reviewed on a schedule established by the Rules Review Commission. The rules currently due for review are provided below.

N.C. General Statutes §150B-21.3A(c) requires the Department to review each rule and make an initial determination from one of these three classifications:

       Necessary with substantive public interest – the agency has received public comment on the rule within the past two years or the rule affects the property interest of the regulated public, and the agency knows or suspects that any person may object to the rule. 

        Necessary without substantive public interest – the agency determines that the rule is needed, and the rule has not had public comment in the last two years. This category includes rules that identify information that is readily available to the public, such as an address or telephone number.

        Unnecessary – the agency determines that the rule is obsolete, redundant or otherwise not needed.

 

The initial classifications of existing rules by an agency are subject to public review and comment for a period of sixty days.  N.C. General Statutes § 150B-21.3A(5) defines a “public comment” as “written comments objecting to the rule, in whole or in part, received by an agency from any member of the public, including an association or other organization representing the regulated community or other members of the public.”  Additionally, pursuant to G.S. 150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Commission review, as set forth in G.S. 150B-21.9(a).   

Comments regarding the Department's initial determinations will be accepted by e-mail to dst.ncac@nctreasurer.com or by mail to:

DST NCAC Decennial Review

ATTN:  Rulemaking Coordinator

3200 Atlantic Avenue

Raleigh, NC 27604

  

Department of State Treasurer Proposed Rules

This website includes the following information: 

  • The text of the proposed rule 
  • An explanation and reason for the proposed rule
  • Any required federal certification 
  • Instructions on how and where to submit oral or written comments on the rule 
  • Any fiscal note that has been prepared for the proposed rule