HomeMy WebLinkAboutAgenda 10-21-2025; 8-g - Approval of Amendments to the Orange County Code of Ordinances Section 28 – Personnel Regarding Law Enforcement Special Separation Allowance 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 21, 2025
Action Agenda
Item No. 8-g
SUBJECT: Approval of Amendments to the Orange County Code of Ordinances Section 28
— Personnel Regarding Law Enforcement Special Separation Allowance
DEPARTMENT: Human Resources
ATTACHMENT(S): INFORMATION CONTACT:
Session Law 2025-8 Brenda Bartholomew, Human Resources
Ordinance Amendments Director, (919) 245-2552
Resolution of Approval
PURPOSE: To adopt a resolution:
1) Approving amendments to the Orange County Code of Ordinances Chapter 28 —
Personnel, Section 28-38 - Retirement 0) (2) regarding the Special Separation Allowance
for law enforcement officers to incorporate changes in accordance with Session Law 2025-
8, which amended North Carolina General Statute §143-166.42; and
2) Approving other minor language amendments to Section 28-38 - Retirement.
BACKGROUND: As per the Orange County Code of Ordinances Section 28-28 Retirement (j)
(2) Special Separation Allowance, local governments are required to pay a special separation
allowance to sworn local law enforcement officers in accordance with North Carolina General
Statute (NCGS) §143-166.42. This is a monthly payment provided to eligible law enforcement
officers upon their retirement.
Session Law 2025-8 (House Bill 50) amended NCGS §143-166.42, which governs the Law
Enforcement Special Separation Allowance (LESSA) for sworn local law enforcement officers.
Effective July 1, 2025, the core structure of the LESSA remains relatively unchanged, with a
slightly different eligibility criteria and an alternative benefit calculation method allowing two (2)
methods to calculate the benefit amount and payment term of LESSA. Local governments must
now allow eligible officers to elect between these two (2) options.
Eligibility criteria for the traditional and 30-year fixed benefit options require a sworn law offer to
satisfy the following:
1. Traditional LESSA Benefit Option
a. Retire under the Local Governmental Employees' Retirement System (LGERS),
b. At retirement, have a least 30 years of creditable service, or be at least age 55 with
at least 5 years of creditable service prior to retirement,
c. Have at least 5 years of continuous service as a law enforcement officer immediately
preceding retirement,
d. Retire prior to reaching age 62, and
e. Have at least 50% of total creditable service be in a law enforcement officer position.
2
2. 30-year Fixed Benefit Option
a. Retire under the Local Governmental Employees' Retirement System (LGERS) on
or after July 1, 2025,
b. By age 62, have 30 years of creditable service,
c. Have a least 5 years of continuous service as a law enforcement officer immediately
preceding retirement, and
d. Have at least 50% of total creditable service be in a law enforcement position.
Election is irrevocable once made. If no election is made, the 30-Year Fixed Option applies by
default, if applicable.
If a law enforcement officer meets all eligibility criteria under NCGS §143-166.42, the local
government employer must allow the officer to elect which calculation method to use — the
traditional LESSA based on final salary and total service, or the new 30-year fixed option based
on the salary at 30 years.
Specifically calculated as follows:
1. Traditional LESSA — Under this option, law enforcement officers who meet the eligibility
requirements are entitled to an annual benefit equal to 0.85% of the officer's most recent
annual base rate of salary before retirement, multiplied by the officer's total years of
creditable service. (Based on final salary x total years of service, payable until age 62)
2. 30-Year Fixed LESSA — Under the 30-year fixed benefit option, law enforcement officers
who meet the eligibility requirements are entitled to an annual benefit equal to 0.85% but
instead of using the officer's final salary and total year of service, the new option fixes both
variables. The benefit is calculated using the officer's base rate of salary at the time they
reach 30 years of creditable service, and the benefit is based on exactly 30 years of service,
regardless of how many years the officer ultimately works beyond 30 years. (Based on
salary at 30 years x 30 years of service, payable for the number of years between age 30-
year milestone and age 62)
FINANCIAL IMPACT: Local governments remain responsible for funding LESSA benefits for
their eligible retirees on a pay-as-you go basis.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 2: HEALTHY COMMUNITY
OBJECTIVE 5. Invest in, support, train and retain our community safety, health, and
emergency services employees and direct care workforce.
• GOAL 6: DIVERSE AND VIBRANT ECONOMY
OBJECTIVE 6. Provide workforce and business development resources to enhance the
skills of our workforce.
RECOMMENDATION(S): The Manager recommends that the Board adopt and authorize the
Chair to sign the resolution:
1) Approving amendments to the Orange County Code of Ordinances Chapter 28 —
Personnel, Section 28-38 - Retirement 0) (2) regarding the Special Separation Allowance
for law enforcement officers to incorporate changes in accordance with Session Law 2025-
8, which amended North Carolina General Statute §143-166.42; and
2) Approving other minor language amendments to Section 28-38 - Retirement.
3
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
SESSION LAW 2025-8
HOUSE BILL 50
AN ACT PROVIDING AN ADDITIONAL SPECIAL SEPARATION ALLOWANCE OPTION
FOR STATE AND LOCAL LAW ENFORCEMENT OFFICERS WITH AT LEAST
THIRTY YEARS OF CREDITABLE SERVICE.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143-166.41 reads as rewritten:
"§ 143-166.41. Special separation allowanee.allowance options for State law enforcement
officers.
(a) Annual Special Separation Allowance.-Notwithstanding any other provision of law,
every sworn law-enforcement officer as defined by G.S. 135 !(1 le) or G.S. 143166.30(a)(4)
employed by a State department, agency, or institution who qualifies under this section shall
reseie;receive an annual special separation allowance beginning in the month in which he-the
officer retires on a basic service retirement under the provisions of G.S. 135 5(a) a annual
0
) of the ammal equivalefft
of the base fate ef eompensatien fnest r-eeently applieable to him for- eaeh year- of er-edita
sefviee-G.S. 135-5(a). The allowance shall be paid in equal installments on the payroll frequency
used by the employer-. To qualify fer-the allewanee the oineer- shall!.
Have(i) , doted 30 o mofe years of e-editable sefviee r (ii)hrwe „#aif3oa
55 years of age and reemplet d five years of er-editable sef viee; an
(2) Not ha-,�e attained 62 years of age; and
(-3) Have eempleted at least five years of eentinuous serviee as a!a-w enfer-eement
break in the 6eatifTAtisscrice required by this subreeti vr because of
disability retirement or disability salary eentixuatien benefits- shall
et
adversely aff-eet-an effieer's-qualifeatien tezeeeivethe alleanc pre Tided
the offieer-r-etums to sefviee within 4 5 days after-the disability benefits eease
and is ethef ise qualified to r e the allewanee.gmployer from which the
officer retired.
(al) Repealed by Session Laws 2014-88, s. 30), effective July 30, 2014.
(b) As used inthis eetion"er-editable sefvise meansth-e-Definitions. - The following
definitions apply in this section:
Allowance. - The annual special separation allowance for State law
enforcement officers provided for under this section.
Creditable service. - The service for which credit is allowed under the
retirement system of which the officer is a member pr-olvided that at i east fifty
0
) of the sefviee is as a law enfer-eement offleer-as herein de
,.,,i.atien par-ole e ffieer-as defined i r c 135 I II 7-'.member.
(33,) Law enforcement officer. - As defined in either G.S. 135-1 or
G.S. 143-166.30(a).
(44,) Officer. -A law enforcement officer.
Probation/parole officer. -As defined in G.S. 135-1.
111111111111111111
* H 5 0 - V - 4 *
4
j Eligibility_ for Allowance and Calculation of Allowance Amount.—To be eligible for
an allowance under this section, an officer is required to meet one of the following sets of criteria
that shall also determine the allowance amount:
For officers meeting all of the following criteria,the annual special separation
allowance to be paid is equal to eighty-five hundredths percent(0.85%)of the
annual base rate of compensation most recently pplicable to the officer for
each year of that officer's creditable service:
a. The officer(i has completed 30 or more years of creditable service or
(ii) is 55 years of age or older and completed five or more years of
creditable service.
b. The officer is less than 62 years of age.
C. The officer has completed at least five years of continuous service as
a law enforcement officer immediately preceding the officer's service
retirement. Any break in this required continuous service that is a
result of disability retirement or disability salM continuation benefits
shall not adversely affect an officer's qualification to receive an
allowance under this subdivision so long as the officer returned to
service within 45 days after the disability benefits had ceased and is
otherwise qualified to receive the allowance.
d. At least fifty percent (50%) of the officer's creditable service is as a
law enforcement officer, or for service prior to July 1, 2017, as a
probation/parole officer.
For officers meeting all of the following criteria,the annual special separation
allowance to be paid is equal to eighty-five hundredths percent(0.85%)of the
annual equivalent of the base rate of compensation at the time the officer
attained 30 years of service multiplied b
a. Prior to attaining 62 years of age,the officer has completed 30 or more
years of creditable service, at least fifty percent (50%) of which was
as a law enforcement officer, or for service prior to July 1, 2017, as a
probation/parole officer.
b. The officer has completed at least five years of continuous service as
a law enforcement officer immediately_preceding the officer's service
retirement. Any break in this required continuous service that is a
result of disability retirement or disability salary continuation benefits
shall not adversely affect an officer's qualification to receive an
allowance under this subdivision so long as the officer returned to
service within 45 days after the disability benefits had ceased and is
otherwise qualified to receive the allowance.
If an officer meets all of the criteria under each subdivision of this subsection, then the
employer making the allowance payments shall allow the officer to choose which of the two
calculation formulas to use for that officer's allowance. This election by the officer is a one-time,
irrevocable election and shall be made prior to the first allowance payment. If no election is made
by the officer,then the calculation amount under subdivision(2) of this subsection shall be used.
(c) Cessation of Payment. — Payment of the allowance to a retired officer under the
provisions of this section shall cease at the first eT.--occurrence of one of the following:
(1) The death of the e€fieer=,officer.
(2) The last day of the month in which either of the following applies:
a. If the officer is receiving an allowance in an amount determined under
subdivision (b 1)(1) of this section, the officer attains 62 years of
erne.
Page 2 Session Law 2025-8 House Bill 50
5
b. If the officer is receiving an allowance in an amount determined under
subdivision(b 1)(2)of this section,there has been a period of receiving
the allowance that is equivalent to the total of 62 years minus the age
at which the officer first completed 30 years of creditable service.
(3) The first day of reemployment by any State department,agency,or institution,
except that this subdivision does not apply to an officer returning to State
employment in a position exempt from the North Carolina Human Resources
Act in an agency other than the agency from which that officer retired.
(d) Impact of Other Benefits or Actions. — This section does not affect the benefits to
which an individual may be entitled from State, federal, or private retirement systems. The
benefits payable under this section shall not be subject to any increases in salary or retirement
allowances that may be authorized by the General Assembly for employees of the State or retired
employees of the State.
(e) Eli ig bility Determinations.—The head of each State department,agency,or institution
shall determine the eligibility of employees for the benefits provided hereiirunder this section.
(f) Transfer of Funds. —The Director of the Budget may authorize from time to time the
transfer of funds within the budgets of each State department, agency, or institution necessary to
carry out the purposes of this Aftiele. section. These funds shall be taken from these-funds
appropriated to the department, agency, or institution for salaries and related fringe benefits.
(g) Responsibility for Payment. — The head of each State department, agency, or
institution shall make the payments set forth in subseetio,, (a) this section to those persons
certified under subsection (e) of this section from funds available under subsection W. of this
section."
SECTION 2. G.S. 143-166.42 reads as rewritten:
"§ 143-166.42. Special separation allowanees allowance options for local law enforcement
officers.
(a) Annual Special Separation Allowance. — On and after January 1, 1987, every sworn
law enforcement officer as defined by G.S. 128 21(i 1d) er- G.S. 143 ,6650(a)«' employed by
a local government employer who qualifies under this section shall reeeir-e;receive an annual
special separation allowance beginning in the month in which the officer retires on a basic service
retirement under the provisions of G.S. 128 27(a), an ammaldo alto ,anee equal to
eighty five hundredths per-eent 0
) of the annual equivalent of the base rate of eompensa
G.S. 128-27(a). The
allowance shall be paid in equal installments on the payroll frequency used by the empleyenTo
galif3for-thea'— nee, the o ffieo,.shall:
(4) 14a-ve (i) eempleted 30 or-more yeaFs of er-editable sen4ee or-(4)have attained
55 years of age and eempleted five ^ years of er-editableei die$; afiA
(2) Notha-ve—attained 62years of age; and
(3) Have eompleted at least five years of eontimtetts serviee as a law enfer-eemen
offzeer-as herein defined immediately pr-eeedingg a seryiee-m ir-emen . Any
dijsabilityzetir-ement or- disability afy Eentintiation benefitsshall
the offieer-r-efums to serviee within 4 5 days after-the disability-be-1-1--ts -ease
and is other-wise qualified to r-eeeive the .employer from which the
officer retired.
(b) As ifl- Osis seEtien, "efeditahle service-' means-the sefiee Definitions. — The
following definitions apply in this section:
(� Allowance. — The annual special separation allowance for local law
enforcement officers provided for under this section.
House Bill 50 Session Law 2025-8 Page 3
6
Creditable service. — The service for which credit is allowed under the
retirement system of which the officer is a ,
per-cent (500;) of the sei:vtee-is--ate-- law enforre@`ment-off eef as her-ei��
dtfined,member.
Law enforcement officer. —As defined in G.S. 128-21 or G.S. 143-166.50(a).
Officer. —Law enforcement officer.
021) Qualification for Allowance and Calculation of Allowance. — To be eligible for an
allowance under this section, an officer is required to meet one of the following sets of criteria,
which shall also determine the allowance amount:
W For officers meeting all of the following criteria,the annual special separation
allowance to be paid is equal to eighty-five hundredths percent(0.85%) of the
annual base rate of compensation most recently applicable to the officer for
each year of that officer's creditable service:
a. The officer(i)has completed 30 or more years of creditable service or
(ii) is 55 _years of age or older and completed five or more years of
creditable service.
b. The officer is less than 62 years of age.
C. The officer has completed at least five years of continuous service as
a law enforcement officer immediately preceding the officer's service
retirement. Any break in this required continuous service that is a
result of disability retirement or disability salM continuation benefits
shall not adversely affect an officer's qualification to receive an
allowance under this subdivision so long as the officer returned to
service within 45 days after the disability benefits had ceased and is
otherwise qualified to receive the allowance.
d. At least fiftypercent (50%) of the officer's creditable service is as a
law enforcement officer.
Q For officers meeting all of the following criteria,the annual special separation
allowance to be paid is equal to eighty-five hundredths percent(0.85%)of the
annual equivalent of the base rate of compensation at the time the officer
attained 30 years of service multiplied by 30:
a. Prior to attaining 62 years of age,the officer has completed 30 or more
years of creditable service, at least fifty percent (50%) of which was
as a law enforcement officer.
b. The officer has completed at least five years of continuous service as
a law enforcement officer immediately preceding the officer's service
retirement. Any break in this required continuous service that is a
result of disability retirement or disability salM continuation benefits
shall not adversely affect an officer's qualification to receive an
allowance under this subdivision so long as the officer returned to
service within 45 days after the disability benefits had ceased and is
otherwise qualified to receive the allowance.
If an officer meets all of the criteria under each subdivision of this subsection, then the
employer making the allowance payments shall allow the officer to choose which of the two
calculation formulas to use for that officer's allowance. This election by the officer is a one-time,
irrevocable election and shall be made prior to the first allowance payment. If no election is made
by the officer,then the calculation amount under subdivision(2) of this subsection shall be used.
(c) Cessation of Payment. — Payment of the allowance to a retired officer under the
provisions of this section shall cease at the first okoccurrence of one of the following:
(1) The death of the^officer.
(2) The last day of the month in which either of the following applies:
Page 4 Session Law 2025-8 House Bill 50
7
a. If the officer is receiving an allowance in an amount determined under
subdivision (b 1)(1) of this section, the officer attains 62 years of
erage_
b. If the officer is receiving an allowance in an amount determined under
subdivision(bl)(2)of this section,there has been a period of receiving
the allowance that is equivalent to the total of 62 years minus the age
at which the officer first completed 30 years of creditable service.
(3) The first day of reemployment by a local government employer in any
capacity.
(c1) Exceptions to the Cessation of Payments. — Notwithstanding the provisions of
subdivision(3)of subsection(c)of this section,payments to a retired officer shall not cease when
a local government employer employs a retired officer for- any of the following.-in any of the
following manners:
(1) In a public safety position in a capacity not requiring participation in the Local
Governmental Employees' Retirement System.
(2) In service to a county board of elections on an election day or during the hours
for early voting under Part 5 of Article 14A of Chapter 163 of the General
Statutes in a capacity that complies with G.S. 128-21(19) and does not result
in cessation or suspension of the retiree's benefit from the Local Government
Employees'Retirement System.
(d) Impact of Other Benefits or Actions. — This section does not affect the benefits to
which an individual may be entitled from State, local, federal, or private retirement systems. The
benefits payable under this section shall not be subject to any increases in salary or retirement
allowances that may be authorized by local government employers or for retired employees of
local governments.
(e) Eligibility Determinations. — The governing body of each local employer shall
determine the eligibility of employees for the benefits provided herein-.under this section.
(f) Responsibility. f�yment.—The governing body of each local employer shall make
the payments set forth in this section to those persons certified under subsection
(e) of this section from funds available."
SECTION 3. This act becomes effective July 1, 2025, and applies to law
enforcement officers retiring on or after that date.
In the General Assembly read three times and ratified this the 11th day of June, 2025.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Destin Hall
Speaker of the House of Representatives
s/ Josh Stein
Governor
Approved 8:28 a.m. this 13th day of June, 2025
House Bill 50 Session Law 2025-8 Page 5
8
ORD-2025-035
Sec. 28-38. Retirement.
(a) Membership in the North Carolina Local Government Retirement System is mandatory for full-time
permanent and part-time permanent employees. Employees become a member of the North Carolina Local
Governmental Employees' Retirement System on the date of hire if the duties require the employee work at
least 1,000 hours a year and the employee is under age 62 at the date of hire.
(b) Vested Right. After five years of service,employees are eligible for monthly retirement benefits based on
salary, age, and years of service.
(c) Service Retirement With 30 Years. After 30 or more years of creditable service,an employee is eligible for
unreduced service retirement.An employee must not work nor be paid in advance for work dating the
month following retirement.
(d) Service Retirement A-tat Age 65. At age 65 or thereafter an employee is eligible for unreduced service
retirement,with at least five years of service. (Age 55 if the employee is a member of the Law Enforcement
Officer's Retirement System)
(e) Post Retirement Increases. After retirement,an employee may become eligible for increases that become a
permanent part of retirement benefits.
(f) Disability. Disability benefits are available after five years of service,should the employee become
permanently disabled, mentally or physically,for the further performance of duty as certified by the Medical
Board of the Retirement System, upon written application to the Board of Trustees, be retired on a disability
retirement allowance.This allowance is calculated as a service retirement allowance based on the average
final compensation prior to retirement and the years of service the employee would have had at age 65.
(g) Death Benefit. Death benefit is paid the beneficiary if death occurs in active service after one year of service.
The beneficiary would be paid a death benefit equal to the compensation earned and on which contributions
were made in the previous calendar year,or the compensation earned and on which contributions were
made in the 12 months preceding the month of death,whichever is greater,subject to a maximum of
$20,000.00. If death occurs within 90 days after the last day of actual service,the death benefit would be
payable;or, if the employee had applied for and was entitled to receive a disability retirement allowance,the
death benefit would be payable provided the disability retirement allowance had not been discontinued or
revoked during the one-=year period. In case of resignation or termination, last day of actual service is the
last day actually worked; in all other cases, it is the date on which sick and annual leave expires.
(h) Tax Sheltering of Retirement Contributions. Effective July 1, 1982, Orange County elected a method of tax
sheltering of member contributions to the North Carolina Local Government Employees' Retirement System.
This change became effective January 1, 1983,for the N.C. Law Enforcement Officer Retirement System.This
is funded by the same six percent retirement contribution deducted from a member's gross salary. Using this
arrangement,there is no additional cost to an employer.The Retirement System will continue to credit the
amount of contribution to the employee's account in the Retirement System.Also,the Retirement System
would continue to recognize an employee's full salary for purposes of compensation.Should an employee
terminate and request a refund,the total of contributions both before and after the election would be
refunded. Upon a refund,the System will report to the Internal Revenue Service an employee's contribution
made after the election of the pk-k+Fp2L1ku_p as taxable income in the year of the refund.At retirement,an
employee has to pay Federal income tax on all amounts received over and above the contributions made
prior to the date of election to tax shelter the contributions.
(i) Supplemental Retirement Savings Plan Employer Contribution.
(1) Orange County makes a Supplemental Retirement contribution to an authorized 401(k)or 457 Plan for
each eligible employee as the Board of County Commissioners provides in its annual budget.
(2) For this purpose,eligible employees are County employees both full time and part time(regularly
scheduled at least 20 hours each workweek)appointed to permanent positions who are members of
the N.C. Local Government Employees' Retirement System and who are not sworn law enforcement
officers.See Section 28-38(j)for additional retirement benefits for Law Enforcement Officers.
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(Supp. No. 14)
Page 2 of 5
(3) To participate, an eligible employee completes the appropriate enrollment form.
(4) Employees are eligible for coverage effective the date of appointment to the permanent position and
enrollment in the retirement system. Contributions are suspended for any pay period in which the
employee is in leave without pay status for that pay period. At termination, the County's supplemental
retirement contribution ends.
(j) Additional Retirement Benefits for Law Enforcement Officers. In accordance with N.C. Gen. Stat. § 143‐166.70
additional retirement benefits are provided for Local Law Enforcement Officers.
(1) Local governments are required to provide contributions to the Special Retirement Income Program
(401K Plan) for local law enforcement officers as follows:
2% of salary amount in F.Y. 1987 ‐ 1988
5% of salary amount in F.Y. 1988 ‐ 1989 and thereafter
(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. Eligibility criteria
for the traditional and 30‐year fixed benefit options require a sworn law offer to satisfy the following:
a. Eligibility. The local law enforcement officer must meet one of the following two criteria:
a. Traditional LESSA Benefit Option
1. are at least age 55 andRetire under the Local Governmental Employees’ Retirement
System (LGERS),
2. At retirement, have fivea least 30 years of creditable service, or be at least age 55 with
at least 5 years of creditable service prior to retirement,
3. Have at least 5 years of continuous service as a law enforcement officer, or immediately
preceding retirement,
2. have 4. Retire prior to reaching age 62, and
5. Have at least 30 years50% of total creditable service (regardless of age)be in a law
enforcement officer position.
b. 30‐year Fixed Benefit Option
1. Retire under the Local Government Employees'Governmental Employees’ Retirement
System with at least 50 percent (LGERS) on or after July 1, 2025,
2. By age 62, have 30 years of thatcreditable service being,
3. Have a least 5 years of continuous service as a law enforcement officer immediately
preceding retirement, and
4. Have at least 50% of total creditable service be in a law enforcement. position.
b c. Election is irrevocable once made. If no election is made, the 30‐Year Fixed Option applies by
default.
d. Creditable service means service for which a credit is allowed under LGERS.
e. Termination of Benefits. If the law enforcement officer meets one of the two criteria in
Subsection 28‐38(j)(2) the officer is entitled to a special separation allowance from retirement
until:
9
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Page 3 of 5
1. Traditional LESSA Benefit Option
a. The death of the officer;,
2 b. The last day of the month in which the officer attainsreached age 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.
c c. Is reemployed in a position covered by LGERS, with exception if the officer is
employed by a county board of elections to work during early voting or on
election day.
2. 30‐year Fixed Benefit Option
a. The death of the officer,
b. Is reemployed in a position covered by LGERS, with exception if the officer is
employed by a county board of elections to work during early voting or on
election day.
c. Officer receives allowance for a period equal to the difference between age 62
and the age at which they completed 30 years of creditable service.
f. Calculation of Benefits. The Special Separation Allowance received by the officer shall be
calculated as provided by N.C. Gen. Stat. § 143‐166.42.
dg. Separation Buyout for Law Enforcement Officers. Upon a qualifying retirement, with the Local
Government Employee Retirement System (LGERS), a local law enforcement officer may receive a
buyout of the Special Separation Allowance subject to the following:
1. The officer has at least 10 years of service to Orange County in any classification and at
least five years creditable service to Orange County as a law enforcement officer; and
2. The officer does not otherwise qualify for the Special Separation Allowance as defined
within this Ordinance; and
3. Either the Officer,
a. Has applied for and received disability retirement from the Local Government
Employees Retirement System, or
b. Upon submission of a written request by the Sheriff to the County Manager,
the County Manager will make a determinationdecide based on the following:
i. The Sheriff's request is reasonable and agreeable by the officer; and
ii. There are unique circumstances for the request; and
iii. The officer is in good standing based on the officer's law enforcement
record; and
iii. Any other special considerations, including but not limited to the retiring
officer and the County deriving a greater benefit from the retiring officer
receiving the buyout than from their continued service as a law
enforcement officer.
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Page 4 of 5
4. In the event a law enforcement officer is eligible for the Separation Buyout as described in
subsections 1—4 of this section the officer may receive a Separation Buyout as follows;:
Years of Creditable Service as a Law Enforcement
Officer
Percentage of Separation Buyout Value as Calculated
by Subsection c. above
5 but less than 10 years 50%
10 but less than 15 years 60%
15 but less than 20 years 70%
20 but less than 25 years 80%
25 but less than 30 years 90%
5. The lump sum separation buyout shall be paid from funds available and shall not exceed
the total that would otherwise be paid had the officer been eligible for the Special
Separation Allowance as described herein.
e. 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.
(3) Administrative rulings, opinions and procedures of the Retirement System shall be considered in the
administration of retirement benefits.
(k) Separate Benefit Fund for Law Enforcement Officers Only.
(1) If an employee dies while an active member of the Separate Benefit Fund, a death benefit of $5,000.00
is paid to the designated beneficiary. To qualify the employee must be an active member of six months
or the employee's death is accidental, regardless of length of service. To become an active member,
the employee must be under age 55, in active service and have completed and returned a written
application form.
(2) Retired members of the Separate Benefit Fund beneficiaries will receive a death benefit of $3,000.00.
To be eligible for this benefit, the employee must have been an active member of the Separate Benefit
Fund with at least 20 years of creditable service or retired because of total and permanent disability
with at least ten years of creditable service or line‐of‐duty disability.
(l) Accidental Death Benefit for Law Enforcement Officers Only.
(1) The accidental death benefit automatically protects the employee's survivors if the employee should
die in an on‐the‐job accident. The accident must occur while the employee is performing duties as an
officer.
(2) In addition, the employee's surviving spouse, parent, or other relative will receive $1,000.00 for burial
expenses. Each of the employee's dependent children under 18 (or over, if incapable of earning a
living) will receive $200.00. The employee's surviving spouse will receive $500.00. If the employee has
no surviving spouse, the Retirement System may distribute the $500.00 to the employee's other
eligible family members. Under the accidental death benefit, the total amount of payments to the
employee's survivors cannot be greater than $2,100.00.
(m) A Line‐of‐Duty Death Benefit (For Law Enforcement Officers Only). Law Enforcement Officers may also be
entitled to additional benefits to include:
(1) $25,000.00 administered jointly by the North Carolina Industrial Commission and the State Auditor.
(2) $50,000.00 from the Federal Law Enforcement Assistance Administration.
(n) Lump Sum Death Benefit (For Law Enforcement Officers) See Section 28‐38(g) Death Benefit.
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Created: 2023‐12‐19 09:11:24 [EST]
(Supp. No. 14)
Page 5 of 5
(Ord. of 06‐07‐1976, eff. 08‐01‐1976; Amend. of 01‐21‐2010, Art. IV § 7.0, eff. 01‐21‐2010; Amend. of 10‐05‐2010,
eff. 01‐01‐2011; Amend. of 11‐16‐2010, eff. 01‐01‐2011; Amend. of 6‐18‐2013, eff. 7‐1‐2013; Amend. of 10‐5‐2021
, eff. 10‐5‐2021)
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RES-2025-054
RESOLUTION OF APPROVAL
A RESOLUTION AMENDING CHAPTER 28 OF THE ORANGE COUNTY CODE
OF ORDINANCES
Be it Resolved and Ordained by the Board of Commissioners of Orange County, North Carolina:
WHEREAS, the Board of Commissioners has determined a change in state law related to law
enforcement officers impacts the Personnel Ordinance; and
WHEREAS, the Board of Commissioners has determined an amendment is necessary to the
retirement benefits options available to local government law enforcement officers.
NOW THEREFORE BE IT ORDAINED, that the Code of Ordinances, Orange County, North
Carolina, Chapter 28, is hereby amended by amending section §28-28, which amended section
reads as shown in the attached revised Personnel Ordinance.
This Amendment shall become effective upon adoption.
Adopted by the Orange County Board of Commissioners this 21st day of October 2025.
By: Attest:
_______________________________ _________________________________
Jamezetta Bedford, Chair Laura Jensen, Clerk to the Board
Orange County Board of Commissioners
[SEAL]
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