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