NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

CHAPTER 837

SENATE BILL 204

AN ACT TO ALLOW WILDLIFE PROTECTORS TO TRANSFER MEMBERSHIP IN THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM TO THE LAW ENFORCEMENT OFFICERS' BENEFIT AND RETIREMENT FUND.

Whereas, Wildlife Protectors are now deemed to be eligible for membership in the Law Enforcement Officers' Benefit and Retirement Fund by the Board of Commissioners of said Fund, and Wildlife Protectors now being employed by the Wildlife Resources Commission are permitted to elect to become members of said Fund instead of the Teachers' and State Employees' Retirement System; and

Whereas, for a number of years after the establishment of the Teachers' and State Employees' Retirement System, Wildlife Protectors were deemed ineligible for membership in the Law Enforcement Officers' Benefit and Retirement Fund and, not having the privilege of election to become members of said Fund, automatically became members of said Retirement System; Now, therefore,

The General Assembly of North Carolina enacts:

Section 1.  That all Wildlife Protectors employed after January 1, 1951, and who are now members of the Teachers' and State Employees' Retirement System are hereby allowed until January 1, 1972, in which to transfer their membership in the Teachers' and State Employees' Retirement System and become members of the Law Enforcement Officers' Benefit and Retirement Fund.

Sec. 2.  Upon written request of a Wildlife Protector who meets the requirements of Section 1, filed with the Board of Trustees of the Teachers' and State Employees' Retirement System stating that he desires to transfer his membership in the Teachers' and State Employees' Retirement System and become a member of the Law Enforcement Officers' Benefit and Retirement Fund, the Executive Secretary of the Board of Trustees of the Teachers' and State Employees' Retirement System is hereby authorized, empowered, and directed to transfer to the proper official of the Law Enforcement Officers' Benefit and Retirement Fund:

(1)        All of the employee's accumulated contributions, together with the accumulated regular interest thereon, standing to the credit of such Wildlife Protector in the Teachers' and State Employees' Retirement System; and

(2)        All accumulated contributions, together with the accumulated regular interest thereon, which have been made to the Teachers' and State Employees' Retirement System on behalf of such Wildlife Protector by the State, the Wildlife Resources Commission and the Department of Conservation and Development. Upon such transfer being made, the membership of such Wildlife Protector in the Teachers' and State Employees' Retirement System shall cease, and he shall immediately become a member of the Law Enforcement Officers' Benefit and Retirement Fund.

Sec. 3.  The Board of Commissioners of the Law Enforcement Officers' Benefit and Retirement Fund is hereby authorized, empowered, and directed to receive any funds transferred as provided in this act, and to receive any additional lump-sum contributions made by or on behalf of Wildlife Protectors transferring their membership from the Teachers' and State Employees' Retirement System to the Law Enforcement Officers' Benefit and Retirement Fund in order to entitle such Wildlife Protector to the maximum benefits provided in the act creating the Law Enforcement Officers' Benefit and Retirement Fund, and amendments thereto. All creditable law enforcement service standing to the credit or heretofore accruing to the benefit of any Wildlife Protector while a member of the Teachers' and State Employees' Retirement System shall be deemed to be creditable service in the Law Enforcement Officers' Benefit and Retirement Fund for the benefit of any Wildlife Protector who transfers his membership as provided hereunder; and the Board of Commissioners of the Law Enforcement Officers' Benefit and Retirement Fund is authorized and empowered to make and promulgate suitable rules and regulations to carry out the provisions of this act.

Sec. 4.  Every person who is employed in the future as a Wildlife Protector shall automatically become a member of the Teachers' and State Employees' Retirement System unless such person shall, within fifteen days after his employment, furnish the Executive Secretary of the Board of Trustees of the Teachers' and State Employees' Retirement System sufficient evidence that such person has become a member of the Law Enforcement Officers' Benefit and Retirement Fund, in which event such person shall not be entitled to membership in the Teachers' and State Employees' Retirement System.

Sec. 5.  For the purposes of this act, the term "Wildlife Protector" shall be deemed and construed to include all enforcement officers of the Division of Wildlife Protection of the Wildlife Resources Commission.

Sec. 6.  The last paragraph of subsection (i) of G.S. 143-166, as the same appears in the 1964 Replacement Volume 3C of the General Statutes of North Carolina is hereby amended by inserting the words "or Wildlife Fund" in line eight immediately following the words "Highway Fund".

Sec. 7.  This act shall become effective immediately upon ratification.

In the General Assembly read three times and ratified, this the 12th day of July, 1971.