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NCPBA Legislative Update: June 3, 2011

A second meeting on HB 927 was held on June 3, 2011, in the House committee on State Personnel from 10:00 a.m. – 12:00 p.m.

A new PCS has softened the impact on law enforcement as follows:

  • The bill as revised will change the proposed minimal age requirement from 55 to 50 with 30 years of service and from 60 back to 55 with 10 or more years.
  • Accrued sick leave is still proposed to be reduced from 24 months to 12 days a year or 360 over 30 years.
  • Local LEO’s are no longer in this bill except as it pertains to the sick leave accrual.
  • Revisions to the Special Separation Allowance have been removed.

PBA was the first of several groups to speak to the committee.  PBA was joined by the FOP and a representative of Crime Control and Public Safety in opposition to the age

50 requirement and restriction on accumulated sick leave.

The bill was not voted on and removed from consideration to resolve concerns presented to the committee.

It is important to mention that the bill does have some revisions that are long overdue and, as previously noted, does not affect current employees hired before August 1, 2011, except for the provision on accrued sick leave.

Representative Folwell will be meeting with us and all other stakeholders between now and next Tuesday.

We will keep you posted.








PBA’s first agenda bill passes committee, another gets a favorable report for a third time and a bill introduced by Representative Dale Fulwell, if passed, would destroy LEO Retirement.





HB538, Remove Restrictions/LEO Disability Benefits



Introduced at PBA’s request by primary bill sponsors Randleman, Dollar, Cotham, and Faircloth, HB538 amends GS128-27(c) removing the one year requirement of creditable service before an officer could receive disability retirement benefits if injured in the line of duty.  Under the current law, an officer who is permanently disabled from a line of duty injury with less than one year’s service is not eligible for disability retirement.  HB538 would change that.

As you will recall, PBA secured 37 bill sponsors with wide bipartisan support for this same legislation in the last session, only to have former House Pensions and Retirement Committee Chairman Russell Tucker, Duplin and Anslow counties, refuse to allow the bill to be heard.  This time, HB538 passed committee unanimous and has been sent to the House Finance Committee.  If passed this session, HB538 will become effective July 1, 2011.





HB696, Felony Assault on LEO Inflicting Bodily Injury



Three times is the charm, as HB696 was brought back to the House Judiciary B Committee for a third time.  The previous change was to change the class A felony to a Class I, to make the bill less costly.  This latest change addressed a technical clarification in the bill noted by Representative Phil Haire when the bill was last passed in committee.  This latest proposed committee substitute (PCS) received the same committee unanimous support and is calendared for a House vote for June 2, 2011.  Update – HB696 just passed second and third reading at 2:49 p.m. and has been engrossed and sent to the Senate.





HB709, Protect and Put North Carolina Back to Work



This much debated bill in its original form would have dramatically impacted Worker Compensation benefits for workers.  The committee substitute (2nd edition), a compromise with business and labor, was also passed on Wednesday, June 2, 2011, with bipartisan support, 109 – 4. More to follow on this bill in a later report. 



HB927, State Pension Plan Solvency Reform Act



Much like HB709, the bill title in HB927 is not the positive measure the title would imply.  HB927 would severely alter much of the retirement benefits for new law enforcement and other local and state retirees hired on or before August 1, 2011.

If passed in its current form, HB927 would:

1)      Alter the Special Separation Allowance by requiring recipients to attain age 55 with 30 years of service or age 60 after 10 years of service.

2)      Require officers with 30 years of service to be age 55 before they could retire with full benefits or age 60 with 10 years of service.  The age 50 but before 55 with 15 years of service rule is changed from 15 years to 20 years and;

3)      Leave Survivor’s Alternate Benefit unchanged other than the provision of obtaining age 50 has been changed to age “55 with 20 years of service” and;

4)      Reduce the amount of sick leave that can be converted to retirement credit from 24 months to 12 months.

For our probation/parole, correction and non-sworn members with 30 years of service who have to attain age 60 before retiring with unreduced benefits, and age 70 with 10 years of service.

Remember that this bill will not affect current employees or those who are hired prior to August 1, 2011.  HB927 was heard in the committee on Wednesday, June 1, 2011, for discussion purposes only.

However, HB927 will be heard in committee again this Friday, June 3rd at 10:00 a.m. in room 1228 of the Legislative Building.

PBA will oppose these measures in this bill and will keep you posted on this and other matters.  Notify your legislator and members of the House State Personnel Committee and let them know of your concerns about HB927.

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