North Carolina General Statutes
Article 4 - Consolidated Judicial Retirement Act.
§ 135-75.1 - Forfeiture of retirement benefits for certain felonies committed while serving as elected government official.

135-75.1. Forfeiture of retirement benefits for certain felonies committed while serving as elected government official.
(a) Except as provided in G.S. 135-56(g), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony under the federal laws listed in subsection (b) of this section or the laws of this State listed in subsection (c) of this section if all of the following apply:
(1) The federal or State offense is committed while serving as a justice, judge, district attorney, or clerk of superior court.
(2) The conduct on which the federal or State offense is based is directly related to the member's service as a justice, judge, district attorney, or clerk of superior court.
(b) The federal offenses covered by this section are as follows:
(1) A felony violation of 18 U.S.C. 201 (Bribery of public officials and witnesses), 18 U.S.C. 286 (Conspiracy to defraud the Government with respect to claims), 18 U.S.C. 287 (False, fictitious or fraudulent claims), 18 U.S.C. 371 (Conspiracy to commit offense or to defraud United States), 18 U.S.C. 597 (Expenditures to influence voting), 18 U.S.C. 599 (Promise of appointment by candidate), 18 U.S.C. 606 (Intimidation to secure political contributions), 18 U.S.C. 641 (Public money, property, or records), 18 U.S.C. 666 (Embezzlement and theft), 18 U.S.C. 1001 (Statements or entries generally), 18 U.S.C. 1341 (Frauds and swindles), 18 U.S.C. 1343 (Fraud by wire, radio, or television), 18 U.S.C. 1503 (Influencing or injuring officer or juror generally), 18 U.S.C. 1951 (Interference with commerce by threats or violence), 18 U.S.C. 1952 (Interstate and foreign travel or transportation in aid of racketeering enterprises), 18 U.S.C. 1956 (Laundering of monetary instruments), 18 U.S.C. 1962 (Prohibited activities), or section 7201 of the Internal Revenue Code (Attempt to evade or defeat tax).
(2) Reserved for future codification purposes.
(c) The offenses under the laws of this State covered by this section are as follows:
(1) A felony violation of Article 29, 30, or 30A of Chapter 14 of the General Statutes (Relating to bribery, obstructing justice, and secret listening) or G.S. 14-228 (Buying and selling offices), or Part 1 of Article 14 of Chapter 120 of the General Statutes (Code of Legislative Ethics), Article 20 or 22 of Chapter 163 of the General Statutes (Relating to absentee ballots, corrupt practices and other offenses against the elective franchise, and regulating of contributions and expenditures in political campaigns).
(2) Perjury or false information as follows:
a. Perjury committed under G.S. 14-209 in falsely denying the commission of an act that constitutes an offense within the purview of an offense listed in subdivision (1) of subsection (c) of this section.
b. Subornation of perjury committed under G.S. 14-210 in connection with the false denial of another as specified by subdivision (2) of this subsection.
c. Perjury under Article 22A of Chapter 163 of the General Statutes.
(d) All monies forfeited under this section shall be remitted to the Civil Penalty and Forfeiture Fund. (2007-179, s. 4(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 135 - Retirement System for Teachers and State Employees; Social Security; State Health Plan for Teachers and State Employees

Article 4 - Consolidated Judicial Retirement Act.

§ 135-50 - Short title and purpose.

§ 135-51 - Scope.

§ 135-52 - Application of Article 1; administration.

§ 135-53 - Definitions.

§ 135-54 - Name and date of establishment.

§ 135-55 - Membership.

§ 135-56 - Creditable service.

§ 135-56.01 - Reciprocity of creditable service with other State-administered retirement systems.

§ 135-56.2 - Creditable service for other employment.

§ 135-56.3 - Repayments and Purchases.

§ 135-57 - Service retirement.

§ 135-58 - Service retirement benefits.

§ 135-59 - Disability retirement.

§ 135-60 - Disability retirement benefits.

§ 135-61 - Election of optional allowance.

§ 135-62 - Return of accumulated contributions.

§ 135-63 - Benefits on death before retirement.

§ 135-64 - Benefits on death after retirement.

§ 135-65 - Post-retirement increases in allowances.

§ 135-66 - Administration; management of funds; method of financing.

§ 135-67 - Assets of Retirement System.

§ 135-68 - Contributions by the members.

§ 135-69 - Contributions by the State.

§ 135-70 - Transfer of members to another system.

§ 135-70.1 - Transfer of members from the Local Governmental Employees' Retirement System, the Teachers' and State Employees' Retirement System, or the Legislative Retirement System.

§ 135-71 - Return to membership of retired former member.

§ 135-73 - Termination or partial termination; discontinuance of contributions.

§ 135-74 - Internal Revenue Code compliance.

§ 135-75 - Deduction for payments allowed.

§ 135-75.1 - Forfeiture of retirement benefits for certain felonies committed while serving as elected government official.

§ 135-75.1A - Forfeiture of retirement benefits for certain felonies related to employment or holding office.

§ 135-75.1B - Prohibition on purchase of forfeited service.

§ 135-75.2 - Improper receipt of decedent's retirement allowance.