GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-233
HOUSE BILL 1414
AN ACT to revise the law providing for creditable service in the teachers' and state employees' retirement system for members who served in thE Uniformed Services.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 135-4(g) reads as rewritten:
"(g) Teachers and other
State employees who served in the armed forces of the United States uniformed
services as defined in the Uniformed Services Employment and Reemployment
Rights Act of 1994, 38 U.S.C. § 4303, and who, after being honorably
discharged, returned to the service of the State within a period of two years
from date of discharge shall be credited with prior service for such period of
service in the armed forces of the United States; and the salaries or
compensations paid to such employees immediately before entering the armed
forces shall be deemed to be the actual compensation rates of such teachers and
State employees during said period of service. uniformed services for
the maximum period that they are entitled to reemployment under the Uniformed
Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301, et
seq., or other federal law, and the salary or compensation of such a teacher or
State employee during that period of service is deemed to be that salary or
compensation the employee would have received but for the period of service had
the employee remained continuously employed, if the determination of that
salary or compensation is reasonably certain. If the determination of the
salary or compensation is not reasonably certain, then it is deemed to be that
employee's average rate of compensation during the 12-month period immediately
preceding the period of service."
SECTION 2. This act becomes effective July 1, 2007.
In the General Assembly read three times and ratified this the 9th day of July, 2007.
s/ Beverly E. Perdue
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 11:51 a.m. this 18th day of July, 2007