The Sergeant Mickey Hutchens Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 302

Short Title: The Sergeant Mickey Hutchens Act. (Public)
Sponsors: Senators Hanig, Jones, and Hise (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 18, 2025
*S302-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW LAW ENFORCEMENT, PROBATI ON/PAROLE, AND 2
CORRECTIONAL OFFICERS WHO HOLD AN ADVANC ED LAW ENFORCEMENT 3
OR CORRECTIONS CERTIFICATE ISSUED BY THE NORTH CAROLINA CRIMINAL 4
JUSTICE EDUCATION AN D TRAINING STANDARDS COMMISSION OR THE 5
ADVANCED LAW ENFORCE MENT CERTIFICATE ISS UED BY THE NORTH 6
CAROLINA SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION 7
TO PURCHASE, AT FULL COST, UP TO FOUR YE ARS' CREDITABLE SERVICE IN 8
THE TEACHERS' AND ST ATE EMPLOYEES' RETIR EMENT SYSTEM OR THE 9
LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM. 10
The General Assembly of North Carolina enacts: 11
SECTION 1.(a) G.S. 135-4.5 is amended by adding a new subsection to read: 12
"(h) Purchases of Service Credit for Advanced Law Enforcement or Advanced 13
Corrections Certificates. – Notwithstanding any other provision of this Article to the contrary, a 14
member in service with five or more years of membership service who has been awarded either 15
(i) the Advanced Law Enforcement Cer tificate issued by either the North Carolina Criminal 16
Justice Education and Training Standards Commission under the authority granted under Chapter 17
17C of the General Statutes or the North Carolina Sheriffs ' Education and Training Standards 18
Commission under the authority granted under Chapter 17E of the General Statutes or (ii) the 19
Advanced Corrections Certificate issued by the North Carolina Criminal Justice Education and 20
Training Standards Commission under the authority granted under Chapter 17C of the General 21
Statutes may purchase creditable service subject to all of the following: 22
(1) The member may purchase up to a total of four years of creditable service 23
under this subsection. 24
(2) Service may only be purchased under this subsection upon or after receipt of 25
the applicable certificate. 26
(3) G.S. 135-4(b) does not apply to purchases under this subsection. 27
(4) Purchases of service under this subsection shall be made by paying a lump 28
sum amount to the Annuity Savings Fund. Purchases shall not be associated 29
with any specific compensation or period of time. The amount payable shall 30
be equal to the full liability increase of the Retirement System due to the 31
additional service credits purchased plus an administrative fee that is set by 32
the Board of Trustees. The full liability increase shall be calculated on the 33
basis of the same assumptions used for the purposes of the actuarial valuation 34
of the liabilities o f the Retirement System, except for the following 35
assumptions specific to this calculation: (i) the allowance shall be assumed to 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 302-First Edition
commence at the earliest age at which the member could retire on an 1
unreduced retirement allowance and (ii) there shall be ass umed annual 2
postretirement allowance increases set by the Board of Trustees upon the 3
advice of the consulting actuary. 4
(5) An employer may pay all or part of the cost of a purchase of service under this 5
subsection. To the extent that the purchase is paid by the employer, the amount 6
paid by the employer shall be credited to the Pension Accumulation Fund. To 7
the extent that the purchase is paid by the member, the amount paid by the 8
member shall be credited to the member 's accumulated contributions and 9
interest in the Annuity Savings Fund." 10
SECTION 1.(b) G.S. 135-4(b) reads as rewritten: 11
"(b) In Unless specifically provided under G.S. 135-4.5, in no case shall more than one 12
year of service be creditable for all services in one year. Service rendered for the regular school 13
year in any district shall be equivalent to one year's service. Service rendered by a school 14
employee in a job-sharing position shall be credited at the rate of one -half year for each regular 15
school year of employment." 16
SECTION 2.(a) G.S. 128-26.5 is amended by adding a new subsection to read: 17
"(h) Purchases of Service Credit for Advance d Law Enforcement Certificate. – 18
Notwithstanding any other provision of this Article to the contrary, a member in service with five 19
or more years of membersh ip service who has been awarded the Advanced Law Enforcement 20
Certificate issued by either the North Carolina Criminal Justice Education and Training 21
Standards Commission under the authority granted under Chapter 17C of the General Statutes or 22
the North Carolina Sheriffs' Education and Training Standards Commission under the authority 23
granted under Chapter 17E of the General Statutes may purchase creditable service subject to all 24
of the following: 25
(1) The member may purchase up to a total of four years of cr editable service 26
under this subsection. 27
(2) Service may only be purchased under this subsection upon or after receipt of 28
the applicable certificate. 29
(3) G.S. 128-26(b) does not apply to purchases under this subsection. 30
(4) Purchases of service under this s ubsection shall be made by paying a lump 31
sum amount to the Annuity Savings Fund. Purchases shall not be associated 32
with any specific compensation or period of time. The amount payable shall 33
be equal to the full liability increase of the Retirement System d ue to the 34
additional service credits purchased plus an administrative fee that is set by 35
the Board of Trustees. The full liability increase shall be calculated on the 36
basis of the same assumptions used for the purposes of the actuarial valuation 37
of the lia bilities of the Retirement System, except for the following 38
assumptions specific to this calculation: (i) the allowance shall be assumed to 39
commence at the earliest age at which the member could retire on an 40
unreduced retirement allowance and (ii) there sh all be assumed annual 41
postretirement allowance increases set by the Board of Trustees upon the 42
advice of the consulting actuary. 43
(5) An employer may pay all or part of the cost of a purchase of service under this 44
subsection. To the extent that the purchase is paid by the employer, the amount 45
paid by the employer shall be credited to the Pension Accumulation Fund. To 46
the extent that the purchase is paid by the member, the amount paid by the 47
member shall be credited to the member 's accumulated contributions and 48
interest in the Annuity Savings Fund." 49
SECTION 2.(b) G.S. 128-26(b) reads as rewritten: 50
General Assembly Of North Carolina Session 2025
Senate Bill 302-First Edition Page 3
"(b) In Unless specifically provided under G.S. 128-26.5, in no case shall more than one 1
year of service be creditable for all service in one calendar year." 2
SECTION 3. This act becomes effective July 1, 2025. 3