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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: October 21, 2025 <br /> Action Agenda <br /> Item No. 8-g <br /> SUBJECT: Approval of Amendments to the Orange County Code of Ordinances Section 28 <br /> — Personnel Regarding Law Enforcement Special Separation Allowance <br /> DEPARTMENT: Human Resources <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> Session Law 2025-8 Brenda Bartholomew, Human Resources <br /> Ordinance Amendments Director, (919) 245-2552 <br /> Resolution of Approval <br /> PURPOSE: To adopt a resolution: <br /> 1) Approving amendments to the Orange County Code of Ordinances Chapter 28 — <br /> Personnel, Section 28-38 - Retirement 0) (2) regarding the Special Separation Allowance <br /> for law enforcement officers to incorporate changes in accordance with Session Law 2025- <br /> 8, which amended North Carolina General Statute §143-166.42; and <br /> 2) Approving other minor language amendments to Section 28-38 - Retirement. <br /> BACKGROUND: As per the Orange County Code of Ordinances Section 28-28 Retirement (j) <br /> (2) Special Separation Allowance, local governments are required to pay a special separation <br /> allowance to sworn local law enforcement officers in accordance with North Carolina General <br /> Statute (NCGS) §143-166.42. This is a monthly payment provided to eligible law enforcement <br /> officers upon their retirement. <br /> Session Law 2025-8 (House Bill 50) amended NCGS §143-166.42, which governs the Law <br /> Enforcement Special Separation Allowance (LESSA) for sworn local law enforcement officers. <br /> Effective July 1, 2025, the core structure of the LESSA remains relatively unchanged, with a <br /> slightly different eligibility criteria and an alternative benefit calculation method allowing two (2) <br /> methods to calculate the benefit amount and payment term of LESSA. Local governments must <br /> now allow eligible officers to elect between these two (2) options. <br /> Eligibility criteria for the traditional and 30-year fixed benefit options require a sworn law offer to <br /> satisfy the following: <br /> 1. Traditional LESSA Benefit Option <br /> a. Retire under the Local Governmental Employees' Retirement System (LGERS), <br /> b. At retirement, have a least 30 years of creditable service, or be at least age 55 with <br /> at least 5 years of creditable service prior to retirement, <br /> c. Have at least 5 years of continuous service as a law enforcement officer immediately <br /> preceding retirement, <br /> d. Retire prior to reaching age 62, and <br /> e. Have at least 50% of total creditable service be in a law enforcement officer position. <br />