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3 <br /> ATTACHMENT 1 <br /> § 143-166.42. Special separation allowances for local officers. <br /> (a) On and after January 1, 1987, every sworn law enforcement officer as defined <br /> by G.S. 128-21(l ld) or G.S. 143-166.50(a)(3) employed by a local government employer <br /> who qualifies under this section shall receive, beginning in the month in which the officer <br /> retires on a basic service retirement under the provisions of G.S. 128-27(a), an annual <br /> separation allowance equal to eighty-five hundredths percent (0.85%) of the annual <br /> equivalent of the base rate of compensation most recently applicable to the officer for each <br /> year of creditable service. The allowance shall be paid in equal installments on the payroll <br /> frequency used by the employer. To qualify for the allowance, the officer shall: <br /> (1) Have (i) completed 30 or more years of creditable service or (ii) have <br /> attained 55 years of age and completed five or more years of creditable <br /> 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 <br /> enforcement officer as herein defined immediately preceding a service <br /> retirement. Any break in the continuous service required by this <br /> subsection because of disability retirement or disability salary <br /> continuation benefits shall not adversely affect an officer's qualification <br /> to receive the allowance, provided the officer returns to service within 45 <br /> days after the disability benefits cease and is otherwise qualified to <br /> receive the allowance. <br /> (b) As used in this section, "creditable service" means the service for which credit <br /> is allowed under the retirement system of which the officer is a member, provided that at <br /> least fifty percent (50%) of the service is as a law enforcement officer as herein defined. <br /> (c) Payment to a retired officer under the provisions of this section shall cease at the <br /> first of: <br /> (1) The death of the officer; <br /> (2) The last day of the month in which the officer attains 62 years of age; or <br /> (3) The first day of reemployment by a local government employer in any <br /> capacity. <br /> (c 1) Notwithstanding the provisions of subdivision (3) of subsection (c) of this <br /> section, payments to a retired officer shall not cease when a local government employer <br /> employs a retired officer for any of the following: <br /> (1) In a public safety position in a capacity not requiring participation in the <br /> Local Governmental Employees' Retirement System. <br /> (2) In service to a county board of elections on an election day in a capacity <br /> that complies with G.S. 128-21(19) and does not result in cessation or <br /> suspension of the retiree's benefit from the Local Government <br /> Employees' Retirement System. <br /> (d) This section does not affect the benefits to which an individual may be entitled <br /> from State, local, federal, or private retirement systems. The benefits payable under this <br />