North Carolina Statutes

Chapter 128 Offices and Public Officers

Article 1 - General Provisions.

Article 2 - Removal of Unfit Officers.

Article 3 - Retirement System for Counties, Cities and Towns.

  • § 128-21   Definitions
    The following words and phrases as used in this Article, unless a different meaning is plainly required by the context, shall have the following meanings:...
  • § 128-22   Name and date of establishment
    A Retirement System is hereby established and placed under the management of the Board of Trustees for the purpose of providing retirement allowances and other...
  • § 128-23   Acceptance by cities, towns and counties
    (a) Pursuant to the favorable vote of a majority of the employees of any incorporated city or town, the governing body may, by resolution legally...
  • § 128-24   Membership
    The membership of this Retirement System shall be composed as follows: (1) All employees entering or reentering the service of a participating employer after the...
  • § 128-25   Membership in System
    Should sixty per centum (60%) of the members of any retirement, pension or annuity fund or system of any county, city or town of the...
  • § 128-26   Allowance for service
    (a) Each person who becomes a member during the first year of his employer's participation, and who was an employee of the same employer at...
  • § 128-26A   Reciprocity of creditable service with other State-administered retirement systems
    (a) Only for the purpose of determining eligibility for benefits accruing under this Article, creditable service standing to the credit of a member of the...
  • § 128-27   Benefits
    (a) Service Retirement Benefits. (1) Any member may retire upon written application to the Board of Trustees setting forth at what time, as of the...
  • § 128-28   Administration and responsibility for operation of System
    (a) Vested in Board of Trustees. The general administration and responsibility for the proper operation of the Retirement System and for making effective the provisions...
  • § 128-29   Management of funds
    (a) Vested in Board of Trustees. The Board of Trustees shall be the trustee of the several funds created by this Article as provided in...
  • § 128-29.1   Authority to invest in certain common and preferred stocks
    In addition to all other powers of investment, the Board of Trustees, within the limitations set forth in this section, is also authorized to invest...
  • § 128-30   Method of financing
    (a) Funds to Which Assets of Retirement System Credited. All of the assets of the Retirement System shall be credited according to the purpose for...
  • § 128-31   Exemptions from execution
    Except for the applications of the provisions of G.S. 110‑136, and G.S. 110‑136.3 et seq., and in connection with a court‑ordered equitable distribution under G.S....
  • § 128-32   Protection against fraud
    Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this Retirement System...
  • § 128-32.1   Failure to respond
    If a member fails to respond in any way within 90 days after preliminary option figures and Form 6‑E, Election of Benefits, are mailed, the...
  • § 128-33   Certain laws not applicable to members
    Subject to the provisions of Article 2 of Chapter 135 of Volume 3B of the General Statutes, as amended, no other provision of law in...
  • § 128-34   Transfer of members
    (a) Any member of the North Carolina Governmental Employees' Retirement System who leaves the service of his employer and enters the service of another employer...
  • § 128-35   Obligations of pension accumulation fund
    The maintenance of annuity reserves and pension reserves as provided for, and regular interest creditable to the various funds as provided in G.S. 128‑30, and...
  • § 128-36   Local laws unaffected; when benefits begin to accrue
    Nothing in this Article shall have the effect of repealing any public‑local or private act creating or authorizing the creation of any officers' or employees'...
  • § 128-36.1   Repealed by Session Laws 1977, c. 318
  • § 128-37   Membership of employees of district health departments or public health authorities
    Under such rules and regulations as the Board of Trustees shall establish and promulgate, the boards of county commissioners of any group of counties composing...
  • § 128-37.1   Membership of employees of county social services department
    Under such rules and regulations as the Board of Trustees shall establish and promulgate, the board of county commissioners of any county may elect that...
  • § 128-38   Reservation of power to change
    The General Assembly reserves the right at any time and from time to time, and if deemed necessary or appropriate by said General Assembly in...
  • § 128-38.1   Termination or partial termination; discontinuance of contributions
    In the event of the termination or partial termination of the Retirement System or in the event of complete discontinuance of contributions under the Retirement...
  • § 128-38.2   Internal Revenue Code compliance
    (a) Notwithstanding any other provisions of law to the contrary, compensation for any calendar year after 1988 in which employee or employer contributions are made...
  • § 128-38.3   Deduction for payment to certain employees' associations allowed
    Any beneficiary who is a member of a domiciled employees' or retirees' association that has at least 2,000 members, the majority of whom are active...
  • § 128-38.4   Forfeiture of retirement benefits for certain felonies
    (a) Except as provided in G.S. 128‑26(w), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member...

Article 4 - Leaves of Absence.