§ 120-4.12. Creditable service.
§ 120‑4.12. Creditableservice.
(a) Creditable serviceat retirement consists of the membership service rendered by the member of theRetirement System and any prior service purchased or granted by this Article.
(b) Membership Servicemeans the number of years served as a member of the General Assembly as of theestablishment of the Retirement System and thereafter. One year of membershipservice is equal to 12 months for which a legislator received compensation.
(c) Prior servicemeans:
(1) The number of yearsa present member of the General Assembly served in the General Assembly priorto becoming a member of the Retirement System;
(2) The number of yearsserved by former members of the General Assembly who were vested in theLegislative Retirement Fund. One year of prior service is equal to 12 monthsfor which a legislator received compensation.
(c1) Any member of theRetirement System who was a member of the General Assembly as of January 1985may purchase prior service credit for the month of January 1985 based uponseven percent (7%) of the compensation received for that period.
(d) Any member of theRetirement System who has eight or more years of creditable service as a memberof the General Assembly may purchase prior service credit for service in thearmed forces of the United States at the same rates and conditions as set forthin G.S. 120‑4.14 and G.S. 120‑4.16; provided that credit is allowedonly for the initial period of active duty in the armed forces of the UnitedStates up to the time the member was first eligible to be separated or releasedtherefrom, and subsequent periods of such active duty as required by the armedforces of the United States up to the date of first eligibility for separationor release therefrom; and further provided that the member submits satisfactoryevidence of the service claimed and that service credit be allowed only for theperiod of active service in the armed forces of the United States notcreditable in any other retirement system, except the National Guard or anyreserve component of the armed forces of the United States.
(e) Any member of theRetirement System who has five or more years of creditable service as a memberof the General Assembly may purchase credit for service in the Armed Forces ofthe United States eligible under subsection (d) of this section by making alump sum payment into the Annuity Savings Fund equal to the full actuarial costas provided for in G.S. 135‑4(m).
(f) If a member whohas not vested in this System on July 1, 2007, is convicted of an offenselisted in G.S. 120‑4.33 for acts committed after July 1, 2007, then thatmember shall forfeit all benefits under this System. If a member who has vestedin this System on July 1, 2007, is convicted of an offense listed in G.S. 120‑4.33for acts committed after July 1, 2007, then that member is not entitled to anycreditable service that accrued after July 1, 2007. No member shall forfeit anybenefit or creditable service earned from a position not as a member of theGeneral Assembly. (1983,c. 761, s. 238; 1983 (Reg. Sess., 1984), c. 1034, ss. 187, 190; 1989, c. 762,s. 1; 1993, c. 321, s. 71; 2007‑179, s. 1(b); 2009‑281, s. 1.)