128-23.1. Inactive employers.
(a) An employer shall be considered an inactive employer if all of the following criteria are met:
(1) The employer has no employees that qualify for membership in the Retirement System.
(2) The employer has made no employer contributions for at least one month.
(3) The employer makes a request in writing to the Retirement Systems Division of the Department of State Treasurer to be made inactive.
(4) The Retirement Systems Division of the State Treasurer has reviewed the employer request to become inactive and has granted that request. The Retirement Systems Division shall provide written notification to the requesting employer of any decisions made under this section.
(b) Not later than April 30 of each calendar year, the Retirement Systems Division of the Department of State Treasurer shall make a report to the Board on all employers who were determined to be inactive employers in that preceding calendar year. (2020-48, s. 1.9(b).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 128 - Offices and Public Officers
Article 3 - Retirement System for Counties, Cities and Towns.
§ 128-22 - Name and date of establishment.
§ 128-23 - Acceptance by cities, towns and counties.
§ 128-23.1 - Inactive employers.
§ 128-26 - Allowance for service.
§ 128-26A - Reciprocity of creditable service with other State-administered retirement systems.
§ 128-28 - Administration and responsibility for operation of System.
§ 128-29 - Management of funds.
§ 128-30 - Method of financing.
§ 128-31 - Exemptions from execution; employing unit to offset amount owed by member or beneficiary.
§ 128-32 - Protection against fraud.
§ 128-32.1 - Failure to respond.
§ 128-33 - Certain laws not applicable to members.
§ 128-33.1 - Public records held by the Retirement System.
§ 128-34 - Transfer of members.
§ 128-35 - Obligations of pension accumulation fund.
§ 128-36 - Local laws unaffected; when benefits begin to accrue.
§ 128-37 - Membership of employees of district health departments or public health authorities.
§ 128-37.1 - Membership of employees of county social services department.
§ 128-37.2 - Continued membership for certain fire departments.
§ 128-38 - Reservation of power to change.
§ 128-38.1 - Termination or partial termination; discontinuance of contributions.
§ 128-38.2 - Internal Revenue Code compliance.
§ 128-38.3 - Deduction for payments allowed.
§ 128-38.4B - Prohibition on purchase of forfeited service.
§ 128-38.5 - Improper receipt of decedent's retirement allowance.