128-38.3. Deduction for payments allowed.
(a) 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 or retired employees of employers as defined in G.S. 128-21(11), may authorize, in writing, the periodic deduction from the beneficiary's retirement benefits a designated lump sum to be paid to the employees' or retirees' association. The authorization shall remain in effect until revoked by the beneficiary. A plan of deductions pursuant to this section shall become void if the employees' or retirees' association engages in collective bargaining with the State, any political subdivision of the State, or any local school administrative unit.
(b) Any beneficiary eligible for coverage under the State Health Plan may also authorize, in writing, the monthly deduction from the beneficiary's retirement benefits of a designated lump sum to be paid to the State Health Plan for any dependent whom the beneficiary wishes to cover under the State Health Plan. In the event that the beneficiary's own State Health Plan coverage is contributory, in whole or in part, the beneficiary may also authorize a designated lump sum to be paid to the State Health Plan on behalf of the beneficiary. In addition, a beneficiary may similarly authorize the deduction for supplemental voluntary insurance benefits, provided that the deduction is authorized by the Department of State Treasurer and is payable to a company with which the Department of State Treasurer has or had an exclusive contractual relationship. Any such authorization shall remain in effect until revoked by the beneficiary.
(c) For local employers who made arrangements with the Retirement System prior to January 1, 2017, any beneficiary who is a retiree from an employer in the Retirement System under this Article may authorize the periodic deduction from the beneficiary's retirement benefits as designated lump sum to be paid to the beneficiary's former employer for the purpose of providing health benefits. The authorization shall remain in effect until revoked by the beneficiary, and proof of the authorization must be available on request of the Department of the State Treasurer. The Department of State Treasurer is prohibited from making any arrangements to deduct from a beneficiary's retirement benefits an amount to be paid to the beneficiary's former employer for the purpose of providing health benefits. (2001-424, s. 32.31; 2002-126, s. 6.4(b); 2012-178, s. 4(b); 2017-128, s. 3.)
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.