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1 <br /> ORD-2021-023 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: October 5, 2021 <br /> Action Agenda <br /> Item No. 8-e <br /> SUBJECT: Amendment to Personnel Ordinance, Section 28-380) Regarding Special <br /> Separation Buyout for Law Enforcement Officers <br /> DEPARTMENT: Human Resources <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1. §143-166.42. Special Separation Brenda Bartholomew, Human <br /> Allowances for Local Officers Resources Director, 919-245-2552 <br /> 2. §143-166.43. Separation Buyouts for John Roberts, County Attorney, 919- <br /> Law Enforcement Officers 245-2318 <br /> 3. General Assembly of North Carolina <br /> Session 2017 Session Law 2018-22 <br /> House Bill 284 <br /> 4. §28-38 of Personnel Ordinance with <br /> Recommended Revisions Underlined <br /> and Red Font <br /> PURPOSE: To consider an amendment to the Orange County Code of Ordinances providing an <br /> option to elect a lump sum buyout of the Special Separation Allowance for qualifying Law <br /> Enforcement Officers (LEOs) for early retirement or in the event of disability. <br /> BACKGROUND: Under N. C. General Statutes §143-166.42, local governments are required to <br /> pay a special separation allowance to sworn local law enforcement officers under age 62 if they: <br /> (1) Have (i) completed 30 or more years of creditable service or, (ii) have attained 55 years <br /> of age and completed five or more years of creditable service; and <br /> (2) Not have attained 62 years of age; and <br /> (3) Have completed at least five years of continuous service as a law enforcement officer <br /> as herein defined immediately preceding a service retirement. Any break in the continuous <br /> service required by this subsection because of disability retirement or disability salary <br /> continuation benefits shall not adversely affect an officer's qualification to receive the <br /> allowance, provided the officer returns to service within 45 days after the disability benefits <br /> cease and is otherwise qualified to receive the allowance. <br /> In addition, N. C. Session Law 2018-22 provides that under N. C. General Statutes §143-166.43, <br /> any local government employer, may, in its discretion, offer a lump sum separation buyout to a <br /> law enforcement officer who leaves employment prior to reaching the officer's eligibility for a <br /> separation allowance under this Article. The lump sum separation buyout shall be paid from funds <br /> available and shall not exceed the total that would otherwise be paid in separation allowance <br /> payments under G.S. 143-166.41 or G.S. 143-166.42. (2018-22, s. 1.) <br />