Bill Commons
--- version:Edition 1
+++ version:Filed
@@ -1,23 +1,23 @@
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
-S 1
-SENATE BILL 441
+S D
+SENATE BILL DRS35100-MTp-41
Short Title: Revive High-Need Retired Teachers Program. (Public)
Sponsors: Senators Corbin, Lee, and Overcash (Primary Sponsors).
-Referred to: Rules and Operations of the Senate
-March 25, 2025
-*S441-v-1*
+Referred to:
+
+*DRS35100-MTp-41*
A BILL TO BE ENTITLED 1
-AN ACT TO REVIVE AND EXPAND THE PROGRAM TO ALLOW RETIRED 2
+AN ACT TO REVIVE AND EXPAND THE PROGRAM TO ALLOW RETIRED 2
EDUCATORS TO RETURN TO WORK IN HIGH-NEED SCHOOLS. 3
The General Assembly of North Carolina enacts: 4
-SECTION 1. G.S. 115C-302.4 is reenacted as it existed immediately prior to its 5
+SECTION 1. G.S. 115C-302.4 is reenacted as it existed immediately prior to its 5
expiration and expires effective June 30, 2027. 6
SECTION 2.(a) G.S. 135-3(a)(8) is amended by adding a new sub -subdivision to 7
read: 8
"i. Notwithstanding sub -subdivisions c. and d. of this subdivision, the 9
-computation of postretirement earnings under this s ubdivision shall 10
+computation of postretirement earnings under this subdivision shall 10
not include earnings while a beneficiary is employed as a high-need 11
retired teacher as defined under G.S. 115C-302.4(a) and the 12
beneficiary shall not be restored to service as a teacher or employee. 13
@@ -33,7 +33,7 @@
Chapter as a result of this period of employment." 23
SECTION 2.(b) G.S. 135-3(a)(8)c1. reads as rewritten: 24
"c1. Within 90 days of the end of each month in which a beneficiary is 25
-reemployed under the provisions of sub -subdivision c. or i. of this 26
+reemployed under the provisions of sub-subdivision c. or i. of this 26
subdivision, each employer shall provide a report for that month on 27
each reemployed beneficiary, including the terms of the 28
reemployment, the date of the reemployment, and the amount of the 29
@@ -44,37 +44,41 @@
"(10) "Employee" shall mean all full-time employees, agents or officers of the State 34
of North Carolina or any of its departments, bureaus and institutions other than 35
educational, whether such employees are elected, appointed or employed: 36
+FILED SENATE
+Mar 24, 2025
+S.B. 441
+PRINCIPAL CLERK
General Assembly Of North Carolina Session 2025
-Page 2 Senate Bill 441-First Edition
+Page 2 DRS35100-MTp-41
Provided that the term "employee" shall not include employees of the 1
-University of North Carolina Health Care System who are not eligible for 2
+University of North Carolina Health Care System who are not eligible for 2
participation under G.S. 135-5.6, employees of the East Carolina University 3
School of Medicine or Dental School of Medicine who are not eligible for 4
-participation under G.S. 135-5.7, any person who is a member of the 5
-Consolidated Judicial Retirement S ystem, any member of the General 6
+participation under G.S. 135-5.7, any person who is a member of the 5
+Consolidated Judicial Retirement System, any member of the General 6
Assembly or Assembly, any high-need retired teacher as defined under 7
G.S. 115C-302.4(a), or any part -time or temporary employee. 8
Notwithstanding any other provision of law, "employee" shall include all 9
-employees of the Gene ral Assembly except participants in the Legislative 10
+employees of the General Assembly except participants in the Legislative 10
Intern Program, pages, and beneficiaries in receipt of a monthly retirement 11
allowance under this Chapter who are reemployed on a temporary basis. 12
"Employee" also includes any participant whose employment is interrupted 13
by reason of service in the Uniformed Services, as that term is defined in 14
section 4303(16) of the Uniformed Services Employment and Reemployment 15
Rights Act, Public Law 103 -353, if that participant was an employee at the 16
-time of the interrup tion; if the participant does not return immediately after 17
+time of the interruption; if the participant does not return immediately after 17
that service to employment with a covered employer in this System, then the 18
participant shall be deemed "in service" until the date on which the participant 19
-was first eligible to be separated or re leased from his or her involuntary 20
+was first eligible to be separated or released from his or her involuntary 20
military service. In all cases of doubt, the Board of Trustees shall determine 21
whether any person is an employee as defined in this Chapter. "Employee" 22
-shall also mean every full -time civilian employee of the North Caroli na 23
+shall also mean every full -time civilian employee of the North Carolina 23
National Guard who is employed pursuant to section 709 of Title 32 of the 24
United States Code and paid from federal appropriated funds, but held by the 25
federal authorities not to be a federal employee: Provided, however, that the 26
-authority or agency payi ng the salaries of such employees shall deduct or 27
+authority or agency paying the salaries of such employees shall deduct or 27
cause to be deducted from each employee's salary the employee's contribution 28
-in accordance with applicable provisions of G.S. 135-8 and remit the same, 29
+in accordance with applicable provisions of G.S. 135-8 and remit the same, 29
either directly or indirectly, to the Retirement System; coverage of employees 30
described in this sentence shall commence upon the first day of the calendar 31
year or fiscal year, whichever is earlier, next following the date of execution 32
@@ -82,26 +86,26 @@
the Adjutant General of the State acting for the Governor in behalf of the State, 34
but no credit shall be allowed pursuant to this sentence for any service 35
previously rendered in the above-described capacity as a civilian employee of 36
-the North Carolina Nati onal Guard: Provided, further, that the Adjutant 37
-General, in the Adjutant General's discretion, may terminate the Retirement 38
+the North Carolina National Guard: Provided, further, that the Adjutant 37
+General, in the Adjutant General 's discretion, may terminate the Retirement 38
System coverage of the above -described North Carolina National Guard 39
-employees if a federal retirement system is established for su ch employees 40
+employees if a federal retirement system is established for such employees 40
and the Adjutant General elects to secure coverage of such employees under 41
such federal retirement system. Any full-time civilian employee of the North 42
Carolina National Guard described above who is now or hereafter may 43
become a member of the Retirement System may secure Retirement System 44
credit for such service as a North Carolina National Guard civilian employee 45
for the period preceding the time when such employees became eligible for 46
-Retirement System coverage by paying to the Retirement Sys tem an amount 47
+Retirement System coverage by paying to the Retirement System an amount 47
equal to that which would have constituted employee contributions if the 48
employee had been a member during the years of ineligibility, plus interest. 49
Employees of State agencies, departments, institutions, boards, and 50
-commissions who are empl oyed in permanent job positions on a recurring 51
+commissions who are employed in permanent job positions on a recurring 51
General Assembly Of North Carolina Session 2025
-Senate Bill 441-First Edition Page 3
+DRS35100-MTp-41 Page 3
basis must work at least 30 hours per week for nine or more months per 1
calendar year in order to be covered by the provisions of this subdivision. On 2
-and after August 1, 2001, a person who is a nonimmigrant al ien and who 3
+and after August 1, 2001, a person who is a nonimmigrant alien and who 3
otherwise meets the requirements of this subdivision shall not be excluded 4
from the definition of "employee" solely because the person holds a temporary 5
or time-limited visa." 6
@@ -112,7 +116,7 @@
b. The retiree does not qualify for coverage under subdivision (1) of this 11
subsection, and (iii) are subsection. 12
c. The retiree is either a high-need retired teacher under G.S. 115C-302.4 13
-or is determined to be "full -time" by their employing unit in 14
+or is determined to be "full-time" by their employing unit in 14
accordance with section 4980H of the Internal Revenue Code and the 15
applicable regulations, as amended. 16
The employing unit shall pay the employer premiums for retirees who enroll 17
@@ -124,15 +128,15 @@
of that determination, the State Treasurer shall notify the Revisor of Statutes of the determination 23
and the date of receipt. Within three business days of receipt of the determination, the State 24
Treasurer shall notify all local school administrative units of the repeal of this section and shall 25
-publicly notice the receipt of this information on the Department of State Treasurer's website. 26
+publicly notice the receipt of this information on the Department of State Treasurer 's website. 26
Within three business days of receipt of the notice from the State Treasurer, a local school 27
administrative unit shall notify all high -need retired teachers employed by its local board of 28
education of the repeal of this section. 29
SECTION 2.(f) Any beneficiary that is employed by a local board of education as a 30
-high-need retired teacher, as defined in G.S. 115C-302.4(a), shall not be elig ible to elect into a 31
+high-need retired teacher, as defined in G.S. 115C-302.4(a), shall not be eligible to elect into a 31
position that would lead the beneficiary to be eligible to accrue any additional benefits under 32
G.S. 135-3(a)(8). Any failure of a local board of education or a beneficiary to comply with the 33
-foregoing shall be corrected by the Executi ve Director of the Retirement System as may be 34
+foregoing shall be corrected by the Executive Director of the Retirement System as may be 34
appropriate under State and federal law. Any costs of the correction, as determined by the 35
Executive Director of the Retirement System, shall be the sole responsibility of the local board 36
of education and shall be transferred to the Pension Accumulation Fund under G.S. 135-8 under 37

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