POLICY STATEMENT 149

LAW ENFORCEMENT SEPARATION ALLOWANCE BENEFITS

Prepared by: Dale Johnson

Supersedes: N/A

Adopted by Council: 2/9/2006

Effective: 2/9/2006

POLICY PURPOSE – To provide guidance regarding payment of the special separation allowance for law enforcement officers when an eligible officer retires from the Town of Cary .

COVERAGE – The special separation allowance is available to qualified retiring law enforcement officers according to the conditions set forth in NC General Statute143-166.41 and 143-166.42.

ELIGIBILITY - To qualify for payment of the special separation allowance, a retiring sworn law enforcement officer must have (a) 30 or more years of creditable service with the North Carolina Local Law Enforcement Officers Retirement System or (b) have attained 55 years of age with at least 5 years of creditable service and:

• At least 5 years of continuous service as a sworn law enforcement officer immediately preceding retirement; and
• Served at least 50% of the creditable service as a sworn law enforcement officer; and
• Is under the age of 62

The separation allowance recipient loses eligibility and payments will cease if the retired officer is:

(a) re-employed in any position at the Town of Cary, except in the interest of public safety where the retiree is working in a  contract or temporary reserve officer basis or related capacity and the position does not require participation in the N.C. retirement system; or

(b) employed at any N.C. governmental organization in a position which requires the retiree to participate in the N.C. retirement system.  (For purposes of this policy this would include governmental bodies such as airport and water and sewer authorities.)

If the retired officer regains eligibility, the retired officer may request reinstatement of the separation allowance as long as the retired officer continues to be eligible according to the conditions set forth in this policy.

This policy is effective for all current retirees and law enforcement officers who retire following the date this policy is adopted.