Agenda - 01-21-2010 - 4d - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 2010 Action Age~a Item No. SUBJECT: An Amendment to Article IV, Section 9.5.2 of the Personnel Ordinance Related to Special Separation Allowance for Sworn Law Enforcement Officers DEPARTMENT: Human Resources PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: 1. Amendment to Article IV, Section 9.5 Michael McGinnis, Human Resources of the Personnel Ordinance Director, 245-2552 2. Session Law 2009-396/House Bill 816 Diane Shepherd, Benefits Manager, 245-2558 Annette Moore, Staff Attorney, 245-2317 PURPOSE: To consider approving an amendment to the Personnel Ordinance updating the provisions of the Special Separation Allowance awarded to retired Orange County sworn law enforcement officers that will bring the Personnel Ordinance into conformance with legislation passed by the General Assembly of North Carolina on July 31, 2009. BACKGROUND: The General Assembly changed North Carolina General Statute § 143- 166.42 which requires that a special separation allowance be paid to local law enforcement officers who retire from local government and meet age and/or service requirements. Session Law 2009-396/House Bill 816 clarifies the previous requirements for the allowance and more clearly states when payment to a retired officer shall end. The House Bill continues the allowance to the end of the month in which the officer turns 62 (rather than to the 62"d birthday) and terminates the first day an officer is reemployed by a local government employer (with exceptions for public safety positions that do not require participation in the Retirement System). Attached is an amendment to Article IV, Section 9.5.2 2 of the Personnel Ordinance that complies with the changes made by the General Assembly (Attachment 1) and a copy of the Session Law 2009-396/House Bill 816 (Attachment 2). Currently sixteen retirees are eligible for the special separation allowance. House Bill 816 adds a clause which ends payment of the special separation allowance when a recipient is reemployed by a local government employer in a capacity that requires participation in the Local Governmental Employees Retirement System. The Bill does not apply to employees who retired prior to July 31, 2009. All sworn law enforcement officers to whom the new legislation applies have been notified of the House Bill. FINANCIAL IMPACT: There is no funding beyond the County's current obligations with regards to the legislative requirements. RECOMMENDATION(S): The Manager recommends the Board adopt the amendment to Article IV, Section 9.5.2 to be effective upon Board approval.