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Home My WebLink AboutORD-2010-001 Amendment to Personnel Ordinance Article IV, Sec 9.5.2/ ~ ~l ~/ a Article IV 'y4t a iP~O- ~ o/ o-~i u J Employee Benefits 9.0 Retirement 9.5 Additional Retirement Benefits for Law Enforcement Officers 9.5.2 Special Separation Allowance. Local governments are required to pay a special separation allowance to sworn local Amended law enforcement officers in accordance with N.C. Gen. Stat. 1/2i~io § 143-166.42. 1. Eligibility. The local law enforcement officer must meet one of the following two criteria: (1) are at least age 55 and have 5 years creditable service as a law enforcement officer, or (2) have at least 30 years creditable service (regardless of age) in the Local Government Employees Retirement system with at least 50% of that service being in law enforcement. 2. Termination of Benefits. If the law enforcement officer meets one of the two criteria in 9.5.2-1, the officer is entitled to a special separation allowance from retirement until: (1) The death of the officer; (2) The last day of the month in which the officer attains 62 years of age; or (3) The first day of reemployment by a local government employer in any capacity; however, an officer may be employed in a public safety position in a capacity not requiring participation in the Local Government Employees' Retirement system, and doing so will not cause payments to cease. 3. Calculation of Benefits. The Special Separation Allowance received by the officer shall be calculated as provided by N.C. Gen. Stat. § 143-166.42. 4. The benefits payable under this section are not subject to any increases in salary or retirement allowances that may be authorized by the Board of County Commissioners. /~~/-~/o Article IY y~ d iP~- ~ o/ o - G ~ J Employee Benefits 9.0 Retirement 9.5 Additional Retirement Benefits for Law Enforcement Officers 9.5.2 Special Separation Allowance. Local governments are required to pay a special separation allowance to sworn local Amended law enforcement officers in accordance with N.C. Gen. Stat. i/21/10 § 143-166.42. 1. Eligibility. The local law enforcement officer must meet one of the following two criteria: (1) are at least age 55 and have 5 years creditable service as a law enforcement officer, or (2) have at least 30 years creditable service (regardless of age) in the Local Government Employees Retirement system with at least 50% of that service being in law enforcement. 2. Termination of Benefits. If the law enforcement officer meets one of the two criteria in 9.5.2-1, the officer is entitled to a special separation allowance from retirement until: (1) The death of the officer; (2) The last day of the month in which the officer attains 62 years of age; or (3) The first day of reemployment by a local government employer in any capacity; however, an officer may be employed in a public safety position in a capacity not requiring participation in the Local Government Employees' Retirement system, and doing so will not cause payments to cease. 3. Calculation of Benefits. The Special Separation Allowance received by the officer shall be calculated as provided by N.C. Gen. Stat. § 143-166.42. 4. The benefits payable under this section are not subject to any increases in salary or retirement allowances that maybe authorized by the Board of County Commissioners. DoQ,p ~ ao/o - oa ! Orange County Personnel Ordinance Issue Date: August 22, 2005 ~ `a ~~ /D ,Q~~rlravec~ ~d 9.5 Additional Retirement Benefits for Law Enforcement Officers 9.5.2 Special Separation Allowance. Local governments are required to pay a special separation allowance to sworn local law enforcement officers in accordance with N.C. Gen. Stat. § 143-166.42. 1. Eligibility. The local law enforcement officer must meet one of the following two criteria: (1) are at least age 55 and have 5 years creditable service as a law enforcement officer, or (2) have at least 30 years creditable service (regardless of age) in the Local Government Employees Retirement system with at least 50% of that service being in law enforcement. 2. Termination of Benefits. If the law enforcement officer meets one of the two criteria in 9.5.2-1, the officer is entitled to a special separation allowance from retirement until: (1) The death of the officer; (2) The last day of the month in which the officer attains 62 years of age; or (3) The first day of reemployment by a local government employer in any capacity; however, an officer maybe employed in a public safety position in a capacity not requiring participation in the Local Government Employees' Retirement system, and doing so will not cause payments to cease 3. Calculation of Benefits. The Special Separation Allowance received by the officer shall be calculated as provided by N.C. Gen. Stat. § 143-166.42. 4. The benefits payable under this section are not subject to any increases in salary or retirement allowances that may be authorized by the Board of County Commissioners. Article IV -Page 15 ORANGE COUNTY BOARD OF COMMfSSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 2010 Action Age Item No. SUBJECT: An Amendment to Article IV, Section 9.5.2 of the Personnel Ordinance Related to Special Separation Allowance for Sworn Law Enforcement Officers DEPARTMENT: Human Resources PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. Amendment to Article IV, Section 9.5 of the Personnel Ordinance 2. Session Law 2009-396/House Bill 816 INFORMATION CONTACT: Michael McGinnis, Human Resources Director, 245-2552 Diane Shepherd, Benefits Manager, 245-2558 Annette Moore, Staff Attorney, 245-2317 PURPOSE: To consider approving an amendment to the Personnel Ordinance updating the provisions of the Special Separation Allowance awarded to retired Orange County sworn law enforcement officers that will bring the Personnel Ordinance into conformance with legislation passed by the General Assembly of North Carolina on July 31, 2009. BACKGROUND: The General Assembly changed North Carolina General Statute § 143- 166.42 which requires that a special separation allowance be paid to local law enforcement officers who retire from local government and meet age and/or service requirements. Session Law 2009-396/House Bill 816 clarifies the previous requirements for the .allowance and more clearly states when payment to a retired officer shall end. The House Bill continues the allowance to the end of the month in which the officer turns 62 (rather than to the 62"d birthday) and terminates the first day an officer is reemployed by a local government employer (with exceptions for public safety positions that do not require participation in the Retirement System). Attached is an amendment to Article IV, Section 9.5.2 2 of the Personnel Ordinance that complies with the changes made by the General Assembly (Attachment 1) and a copy of the Session Law 2009-396/House Bill 816 (Attachment 2). Currently sixteen retirees are eligible for the special separation allowance. House Bill 816 adds a clause which ends payment of the special separation allowance when a recipient is reemployed by a local government employer in a capacity that requires participation in the Local Governmental Employees Retirement System. The Bill does not apply to employees who retired prior to July 31, 2009. All sworn law enforcement officers to whom the new legislation applies have been notified of the House Bill. FINANCIAL IMPACT: There is no funding beyond the County's current obligations with regards to the legislative requirements. RECOMMENDATION(S): The Manager recommends the Board adopt the amendment to Article IV, Section 9.5.2 to be effective upon Board approval. Orange County Personnel Ordinance Issue Daie: August 22, 2005 2 r 9.5 Additional Retirement Benefits for Law Enforcement Officers 9.5.2 Special Separation Allowance. Local governments are required to pay a speciat separation allowance to sworn local law enforcement officers in accordance with. N.C. Gen..Stat. § 143-1.66.42. 1. Eligibility. The local law enforcement officer must ~ m_ _e_e__t___ - --- Deletes: wno one of the following two criteria: (1) are at least age 55 and have 5 yeazs creditable service as a law enforcement officer, or (2) have at least 30 years creditable service (regazdless of age) in the Local Government Employees Retirement system with at least 50% of that service being in law enforcement. 2. Termination of Benefits. ~f the law enforcement officer------- Formatted: Indent: pelt: o•, 1 meets one of the two criteria in 9.5.2-1, the officer is '• ~nging~ 2^ entitled to a special sepazation allowance from retiremen~_ ~ ~~' 9 ,~1nii1: ----- Deleted: s - Deleted: from retirement until the ~ (1) The death of the officer of5xr reaches the age of 62 calculated as e ,- ------------------___-,• ----------------- (2) The last day of the month in which the officer ~'•- . fonowa ; attains 62 years of age; or ~~: (3) The first day of reemploylllent by a local Formatted: Bullets and Numbering government employer in any capacity; however, an officer may be employed in a public safety position in a capacity not requiring participation in the Local Government Employees' Retirement system, and doing so will. not cause payments to cease~___ __ _-_.--- Deleted:: 3. Calculation of Benefits. The Special Separation Allowance------- Formatted: Indent Hanging: 2" received by the officer shall be calculated as provided by N.C. Gen. Stat. § 143-166.42,, -._.-- Deletes:g5%timesyearsofcreditablc __ _ - - - --- -- ---- -- ----- • - -- • servicx in the local Govemmettt 4. The benefits payable under this section are not subject to Employees Retiremetrt System time rate of pay any increases in salary or retirement allowances that may be authorized by the Board of County Commissioners. Article IV -Page 15 AZk1t~,cw7 ~ 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009-396 HOUSE BILL 816 AN ACT TO CLARIFY THE LAW REGARDING THE SPECIAL SEPARATION ALLOWANCE PROVIDED TO LAW ENFORCEMENT OFFICERS UNDER THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM. The General Assembly of North Carolina enacts: SECTION 1. G.S. 143-166.42 reads as rewritten: "§ 143-166.42. Special separation allowances for local officers. ~ On and after January 1, 1987, tl3e-pra~i~ien~e€-£.S. 143-~oP:;' ^'-°" ^~^'•~ ~-ull °L'"''''° '^"' °"~ ""°"'°~` °~ every sworn law enforcement officer as defined by G.S. 128-21(llb) or G.S. 143-166.50(a)(3) ~~ employed by a local gs~ first of: iAiAnoion Have (i) completed 30 or more years of creditable service or (ii) have attained 55 years of ag;e and completed five or more years of creditable 4 ~ SECTION 2. Nothing in this act shall be deemed to (i) entitle a law enforcement officer to retroactive payments of any benefit for the period prior to the effective date of this act for which the officer's employer previously determined that the officer was not entitled; (ii) prospectively deny payment of an annual separation allowance to an officer who was previously determined by the officer's employer to be eligible for such benefit; (iii) apply to any pending litigation related to the special separation allowance; or (iv) extend the payment beyond the date when payment shall cease pursuant to G.S. 143-166.42(c), as enacted by Section 1 of this act. SECTION 3. This act is effective when it becomes law and applies prospectively to payments required by this act whether the officer retired before, on, or after the effective date of this act. In the General Assembly read three times and ratified this the 23`d day of July, 2009. s/ Walter H. Dalton President of the Senate s/ William L. Wainwright Speaker Pro Tempore of the House of Representatives s/ Beverly E. Perdue Governor Approved 12:55 p.m. this 31~ day of July, 2009 Page 2 Session Law 2009-396 SL2009-0396 a. Minutes The Board approved the minutes from December 7 and 15, 2009 as submitted by the Clerk to the Board. b. Appointments -None c. Motor Vehicle Property Tax Release/Refunds The Board adopted a refund resolution, which is incorporated by reference, related to 27 requests for motor vehicle property tax releases or refunds in accordance with NCGS. d. An Amendment to Article IV, Section 9.5.2 of the Personnel Ordinance Related to Special Separation Allowance for Sworn Law Enforcement Officers The Board adopted an amendment to the Personnel Ordinance updating the provisions of the Special Separation Allowance awarded to retired Orange County sworn law enforcement officers that will bring the Personnel Ordinance into conformance with legislation passed by the General Assembly of North Carolina on July 31, 2009. e. Legal Consulting Services Agreement with Coleman, Gledhill, Hargrave & Peek, P.C. The Board approved an agreement for supplemental legal consulting services with Coleman, Gledhill, Hargrave and Peek, P.C. and authorized the Chair to sign. f. Agreement Renewal -Removal of Scrap Tires The Board approved an agreement renewal with Central Carolina Holdings, LLC of Cameron, North Carolina for the removal of scrap tires and authorized the Chair to sign. g_ Lease/License Renewal Agreement -Alternate Daily Landfill Cover The Board approved the renewal of a license/lease agreement with Landfill Service Corporation to provide an alternative daily landfill cover material that, in accordance with State regulations, is sprayed on the working face of the landfill after each day of operation and authorized the Chair to sign. h. EMS Medical Director Agreement Renewal The Board renewed an agreement between Orange County and the University of North Carolina Department of Emergency Medicine for the medical direction of Orange County's Emergency Medical Services program, authorized the Chair to sign, and directed staff to proceed with the necessary budget actions to fund this agreement. i. Bid Award: Ambulances for Emergency Services This item was removed and placed at the end of the consent agenda for separate consideration. L Bid Award: In-Car Camera Systems for Sheriff's Department The Board awarded a bid to COBAN Technologies, Inc. of Stafford, Texas for the purchase of fifty (50) In-Car Video Camera Systems and Accessories for the Sheriff's Department at a cost of $295,700; authorized the Manager to sign; and authorized the AMPS Director to affect the purchase. k. Fiscal Year 2009-10 Budget Amendment #6 The Board approved budget, grant and capital project ordinance amendments for fiscal year 2009-10 for the Solid Waste Department, Department on Aging, Department of Social Services, Technical Amendments, Cooperative Extension, Health Department, and Emergency Services. I. Application for North Carolina Education Lottery Proceeds for Chapel Hill- Carrboro City Schools Projects and Approval of the Corresponding School Capital Project Ordinances The Board approved applications to the North Carolina Department of Public Instruction to release funds from Orange County's NC Education Lottery account for Chapel Hill-Carrboro