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6 <br /> Creditable service. — The service for which credit is allowed under the <br /> retirement system of which the officer is a , <br /> per-cent (500;) of the sei:vtee-is--ate-- law enforre@`ment-off eef as her-ei�� <br /> dtfined,member. <br /> Law enforcement officer. —As defined in G.S. 128-21 or G.S. 143-166.50(a). <br /> Officer. —Law enforcement officer. <br /> 021) Qualification for Allowance and Calculation of Allowance. — To be eligible for an <br /> allowance under this section, an officer is required to meet one of the following sets of criteria, <br /> which shall also determine the allowance amount: <br /> W For officers meeting all of the following criteria,the annual special separation <br /> allowance to be paid is equal to eighty-five hundredths percent(0.85%) of the <br /> annual base rate of compensation most recently applicable to the officer for <br /> each year of that officer's creditable service: <br /> a. The officer(i)has completed 30 or more years of creditable service or <br /> (ii) is 55 _years of age or older and completed five or more years of <br /> creditable service. <br /> b. The officer is less than 62 years of age. <br /> C. The officer has completed at least five years of continuous service as <br /> a law enforcement officer immediately preceding the officer's service <br /> retirement. Any break in this required continuous service that is a <br /> result of disability retirement or disability salM continuation benefits <br /> shall not adversely affect an officer's qualification to receive an <br /> allowance under this subdivision so long as the officer returned to <br /> service within 45 days after the disability benefits had ceased and is <br /> otherwise qualified to receive the allowance. <br /> d. At least fiftypercent (50%) of the officer's creditable service is as a <br /> law enforcement officer. <br /> Q For officers meeting all of the following criteria,the annual special separation <br /> allowance to be paid is equal to eighty-five hundredths percent(0.85%)of the <br /> annual equivalent of the base rate of compensation at the time the officer <br /> attained 30 years of service multiplied by 30: <br /> a. Prior to attaining 62 years of age,the officer has completed 30 or more <br /> years of creditable service, at least fifty percent (50%) of which was <br /> as a law enforcement officer. <br /> b. The officer has completed at least five years of continuous service as <br /> a law enforcement officer immediately preceding the officer's service <br /> retirement. Any break in this required continuous service that is a <br /> result of disability retirement or disability salM continuation benefits <br /> shall not adversely affect an officer's qualification to receive an <br /> allowance under this subdivision so long as the officer returned to <br /> service within 45 days after the disability benefits had ceased and is <br /> otherwise qualified to receive the allowance. <br /> If an officer meets all of the criteria under each subdivision of this subsection, then the <br /> employer making the allowance payments shall allow the officer to choose which of the two <br /> calculation formulas to use for that officer's allowance. This election by the officer is a one-time, <br /> irrevocable election and shall be made prior to the first allowance payment. If no election is made <br /> by the officer,then the calculation amount under subdivision(2) of this subsection shall be used. <br /> (c) Cessation of Payment. — Payment of the allowance to a retired officer under the <br /> provisions of this section shall cease at the first okoccurrence of one of the following: <br /> (1) The death of the^officer. <br /> (2) The last day of the month in which either of the following applies: <br /> Page 4 Session Law 2025-8 House Bill 50 <br />