GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1991
CHAPTER 762
AN ACT TO REDEFINE "EMPLOYEE" AND "EMPLOYER" IN THE LOCAL GOVERNMENTAL EMPLOYEE'S RETIREMENT SYSTEM.
The General Assembly of North Carolina enacts:
Section 1. G.S. 128-21(10) reads as rewritten:
"(10) 'Employee' shall mean any person who is
regularly employed in the service of and whose salary or compensation is paid
by the employer as defined in subdivision (11) of this section, including
employees of any light and water board or commission, and full-time employees
of any housing authority created and operating under and by virtue of Chapter
157 of the General Statutes, whether employed or appointed for stated terms
or otherwise, except teachers in the public schools and except such employees
who hold office by popular election as are not required to devote a major
portion of their time to the duties of their office. 'Employee' shall also
mean all full-time, paid firemen who are employed by any fire department that
serves a city or county or any part thereof and that is supported in whole or
in part by municipal or county funds. In all cases of doubt the Board of
Trustees shall decide who is an employee."
Sec. 2. G.S. 128-21(11) reads as rewritten:
"(11) 'Employer' shall mean any county,
incorporated city or town, the light and water board or commission of any
incorporated city or town, the board of alcoholic control of any county or
incorporated city or town, the North Carolina League of Municipalities, and the
State Association of County Commissioners, Commissioners. county
and/or city airport authorities, housing authorities created and operated under
and by virtue of Chapter 157 of the General Statutes, redevelopment commissions
created and operated under and by virtue of Article 37, Chapter 160 of the
General Statutes, county and/or city or regional libraries, county and/or city
boards of health, district boards of health, any other separate, local
governmental entity, and the Retirement System. 'Employer' shall also mean any
fire department that serves a city or county or any part thereof, and that is
supported in whole or in part by municipal or county funds. 'Employer'
shall also mean any separate, juristic political subdivision of the State as
may be approved by the Board of Trustees upon the advice of the Attorney
General."
Sec. 3. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 8th day of June, 1992.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives