POLICY STATEMENT 149

LAW ENFORCEMENT SEPARATION ALLOWANCE BENEFITS 

Prepared by: Dale Johnson

Supersedes: 2/9/2006

Adopted by Council: 11/12/2009

Effective: 11/12/2009

POLICY PURPOSE – To provide guidance regarding payment of the special separation allowance for law enforcement officers when an eligible officer retires from the Town of Cary.

COVERAGE – The special separation allowance is available to qualified retiring law enforcement officers according to the conditions set forth in NC General Statute 143-166.42.

ELIGIBILITY - To qualify for payment of the special separation allowance, a retiring law enforcement officer must have (a) 30 or more years of creditable service with the North Carolina Local Law Enforcement Officers Retirement System or (b) have attained 55 years of age with at least 5 years of creditable service and all of the following:

• At least 5 years of continuous service as a sworn law enforcement officer immediately preceding retirement. Any break in the continuous service required because of disability retirement or disability salary continuation benefits shall not adversely affect an officer’s qualification to receive the allowance provided the officer returns to service within 45 days after the disability benefits cease and is otherwise qualified to receive the allowance; and
• Served at least 50% of the creditable service as a sworn law enforcement officer; and
• Not attained the age of 62

The separation allowance recipient loses eligibility and payments will cease at the first of: 

• the death of the officer;
• the last day of the month in which the officer attains the age of 62 years; or
• the first day of reemployment by a local government employer in any capacity, subject to the exception set forth below

Exception: If the retired officer is re-employed by a local government employer in a public safety position in a capacity not requiring participation in the Local Government Employees Retirement System, then such reemployment shall not cause payments to cease. 

For purposes of this policy, a local government “employer” under G.S. 143-166.42 is understood to be an employer that is eligible to participate in the Local Government Employee's Retirement System.

If the retired officer regains eligibility, the retired officer may request reinstatement of the separation allowance as long as the retired officer continues to be eligible according to the conditions set forth in this policy.

This policy is effective for all current retirees and law enforcement officers who retire following the date this policy is adopted.