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5 <br /> b. If the officer is receiving an allowance in an amount determined under <br /> subdivision(b 1)(2)of this section,there has been a period of receiving <br /> the allowance that is equivalent to the total of 62 years minus the age <br /> at which the officer first completed 30 years of creditable service. <br /> (3) The first day of reemployment by any State department,agency,or institution, <br /> except that this subdivision does not apply to an officer returning to State <br /> employment in a position exempt from the North Carolina Human Resources <br /> Act in an agency other than the agency from which that officer retired. <br /> (d) Impact of Other Benefits or Actions. — This section does not affect the benefits to <br /> which an individual may be entitled from State, federal, or private retirement systems. The <br /> benefits payable under this section shall not be subject to any increases in salary or retirement <br /> allowances that may be authorized by the General Assembly for employees of the State or retired <br /> employees of the State. <br /> (e) Eli ig bility Determinations.—The head of each State department,agency,or institution <br /> shall determine the eligibility of employees for the benefits provided hereiirunder this section. <br /> (f) Transfer of Funds. —The Director of the Budget may authorize from time to time the <br /> transfer of funds within the budgets of each State department, agency, or institution necessary to <br /> carry out the purposes of this Aftiele. section. These funds shall be taken from these-funds <br /> appropriated to the department, agency, or institution for salaries and related fringe benefits. <br /> (g) Responsibility for Payment. — The head of each State department, agency, or <br /> institution shall make the payments set forth in subseetio,, (a) this section to those persons <br /> certified under subsection (e) of this section from funds available under subsection W. of this <br /> section." <br /> SECTION 2. G.S. 143-166.42 reads as rewritten: <br /> "§ 143-166.42. Special separation allowanees allowance options for local law enforcement <br /> officers. <br /> (a) Annual Special Separation Allowance. — On and after January 1, 1987, every sworn <br /> law enforcement officer as defined by G.S. 128 21(i 1d) er- G.S. 143 ,6650(a)«' employed by <br /> a local government employer who qualifies under this section shall reeeir-e;receive an annual <br /> special separation allowance beginning in the month in which the officer retires on a basic service <br /> retirement under the provisions of G.S. 128 27(a), an ammaldo alto ,anee equal to <br /> eighty five hundredths per-eent 0 <br /> ) of the annual equivalent of the base rate of eompensa <br /> G.S. 128-27(a). The <br /> allowance shall be paid in equal installments on the payroll frequency used by the empleyenTo <br /> galif3for-thea'— nee, the o ffieo,.shall: <br /> (4) 14a-ve (i) eempleted 30 or-more yeaFs of er-editable sen4ee or-(4)have attained <br /> 55 years of age and eempleted five ^ years of er-editableei die$; afiA <br /> (2) Notha-ve—attained 62years of age; and <br /> (3) Have eompleted at least five years of eontimtetts serviee as a law enfer-eemen <br /> offzeer-as herein defined immediately pr-eeedingg a seryiee-m ir-emen . Any <br /> dijsabilityzetir-ement or- disability afy Eentintiation benefitsshall <br /> the offieer-r-efums to serviee within 4 5 days after-the disability-be-1-1--ts -ease <br /> and is other-wise qualified to r-eeeive the .employer from which the <br /> officer retired. <br /> (b) As ifl- Osis seEtien, "efeditahle service-' means-the sefiee Definitions. — The <br /> following definitions apply in this section: <br /> (� Allowance. — The annual special separation allowance for local law <br /> enforcement officers provided for under this section. <br /> House Bill 50 Session Law 2025-8 Page 3 <br />