SB 701 — Bring Back Our Heroes.
Last action — Passed 1st Reading
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill is in committee in the Senate. Introduced March 25, 2025. It must pass committee before a floor vote.
Next likely step: a committee vote, then a floor vote in the Senate.
Odds of enactment
Low chanceBased on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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In Committee
Current position in the legislative process.
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9 sponsors
2 primary, 7 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (9 R).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
60 added · 61 removedPlain-language change summary
The new version of Senate Bill 701 includes clarifications regarding how retirement benefits interact with continued employment. Specifically, it specifies that members receiving a retirement allowance can perform duties related to their previous employment without accruing additional membership service. This change is important as it provides clearer guidelines for retired members who wish to engage in work without losing their retirement benefits.
FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA MarSESSION 25, 2025 S.B.S 1 SENATE BILL 701 Short Title:
701 SESSION 2025 PRINCIPAL CLERK S D SENATE BILL DRS15281-MRap-17B Short Title:
Rules and Operations of the Senate March 26, 2025 A BILL TO BE ENTITLED AN ACT TO ALLOW FOR THE CONTINUATION OF RETIREMENT BENEFITS FOR CERTAIN LAW ENFORCEMENT OFFICERS AND TO PROVIDE AN ADDITIONAL SPECIAL SEPARATION ALLOWANCE OPTION FOR STATE AND LOCAL LAW ENFORCEMENT OFFICERS WITH AT LEAST THIRTY YEARS OF CREDITABLE SERVICE.
(a) Notwithstanding anyanyprovisions provisions of this Article to contrary, both of the following shall apply to a member who is an employed or retired law enforcement officer:
(b) If a member in service elects to begin receiving a retirement allowance under this subsection, then member is required, at the time of the election to begin receiving the allowance, to make anyanyelections elections and creditable service purchases that a member would be required to make at, or prior to, retirement.
*DRS15281-MRap-17B**S701-v-1* General Assembly Of North Carolina Session 2025 (c) A member receiving a retirement allowance in accordance with this subsection shall not accrueanyaccrueanyadditional additional membershipservice foranyemployment whilethememberiswhilethe memberis receiving the retirement allowance.
If the member becomes mentally or physically incapacitated and unable to furtherperform duties ofthemember's employmentwhilereceivingemployment aretirementwhilereceivingaretirement allowanceunder this section, then that member will continue to receive the retirement allowance that they had elected to receive under this section.
(i) If a member receiving a retirement allowance under this section separates from servicewith theemployer underwhichthemember hadbegunreceivinghad theretirementbegunreceivingtheretirementallowance allowance for reasons other than death, then that member will be treated as retired under the Retirement System for all purposes on the date of separation.
Page 2 DRS15281-MRap-17BSenate Bill 701-First Edition General Assembly Of North Carolina Session 2025 "§ 128-21.
The following words and phrases as used in this Article, unless Unless a different meaning is plainlyplainlyrequired requiredbythe by the context, shall havethe followingfollowingmeanings:all meanings:all of the followingfollowingdefinitions definitions apply in this Article:
(a) Notwithstanding anyanyprovisions provisions of this Article to contrary, both of the following shall apply to a member who is either an employed or retired law enforcement or justice officer:
(c) A member receiving a retirement allowance in accordance with this subsection shall not accrueanyaccrueanyadditional additional membershipservice foranyemploymentforanyemploymentwhilethe whilethememberismemberis receiving the retirement allowance.
The gross salary or wage paid to a member who is receiving a retirement allowance under this section shall DRS15281-MRap-17BSenate Bill 701-First Edition Page 3 General Assembly Of North Carolina Session 2025 be reduced as if the member was making the employee contribution otherwise required under this Article.
(i) If a member receiving a retirement allowance under this section separates from servicewith theemployer underwhichthemember hadbegunreceivinghad theretirementbegunreceivingtheretirementallowance allowance for reasons other than death, then that member will be treated as retired under the Retirement System for all purposes on the date of separation.
any provision of subdivision (8) (a)(8) of this section to the contrary, a beneficiary who was a beneficiary retired on an early or service retirement with the Law Enforcement Officers' Retirement System at the time of the transfer of law enforcement officers employed by the State and beneficiaries last employed by the State to this Retirement System on January 1, 1985, and who also was a contributing member of this Retirement System on January 1, 1985, shall continue to be paid his Page 4 DRS15281-MRap-17BSenate Bill 701-First Edition General Assembly Of North Carolina Session 2025 or her retirement allowance without restriction and maymaycontinue continue as a member of this Retirement System with all the rights and privileges appendant to membership.
… (5a)(b) Notwithstanding the anyanyprovisions provisions of paragraphs c and d of the subdivision (5) (a)(5) of this section to the contrary, a beneficiary who was a beneficiary retired on an early or service retirement with the Law Enforcement Officers' Retirement System at the time of the transfer of law enforcement officers employed by a participating employer and beneficiaries last employed by a participating employer to this Retirement System on January 1, 1986, and who also was a contributing member of this Retirement System on January 1, 1986, shall continue to be paid his the retirement allowance without restriction and may continue as a member of this Retirement System with all the rights and privileges appendant to membership.
A member may retain membership status while serving as an assigned employee or employee on leave under the provisions of Article 10 of Chapter 126 for purposes ofreceivingofreceivingthedeath thedeath benefit regardless ofwhether hethemember and his theemployer are contributing to his the member's account during the exchange period except that no duplicate benefits shall be paid.
DRS15281-MRap-17BSenate Bill 701-First Edition Page 5 General Assembly Of North Carolina Session 2025 (d) In order to satisfy the Internal Revenue Service requirements that a retirement is a bona fide separation from service and to the protect the actuarial integrity of the Retirement System, a bona fide separation is deemed to occur when a member has severed the employment relationship with the employer and the Board of Trustees has received all applicable termination notifications.
– Notwithstanding anyanyother other provision of law, every sworn law-enforcement officer as defined by G.S.
(1) Have (i) completed 30 or more years of creditable service or, (ii) have attained 55yearsofageandcompletedfiveormoreyearsofcreditableservice;andThe55 yearsofageandcompletedfiveormore yearsofcreditableservice;andThe officer retires on a basic service retirement under the provisions of G.S.
Page 6 DRS15281-MRap-17BSenate Bill 701-First Edition General Assembly Of North Carolina Session 2025 (3) Law enforcement officer.
(1) The officer (i) has completed 30 or more years of creditable service or (ii) is 55yearsofageorolderandcompletedfiveormoreyearsofcreditableservice.55 yearsofageorolderandcompletedfiveormoreyearsofcreditableservice.
(3) The first daydayof of reemployment bybyanyState any State department, agency, or institution, except that this subdivision does not apply to an officer returning to State employment in any of the following circumstances:
The occupant is certified as a law enforcement officer under the provisions of Article 1 of Chapter 17C of the General Statutes or as deputy sheriff under the provisions of Chapter 17Eofthe General Statutesand exercisestheauthorityexercisestheauthorityofa ofa law enforcement officer or deputy sheriff.
DRS15281-MRap-17BSenate Bill 701-First Edition Page 7 General Assembly Of North Carolina Session 2025 c.
The benefits payable under this section shall not be subject to any increases in salary or retirement allowances that maymaybe be authorized bybythe the General AssemblyAssemblyfor for employees of the State or retired employees of the State.
Any break in the this required continuous service required by this subsection because that is a result of disability retirement or disability salary continuation benefits shall not adversely affect an officer's qualification to receive the allowance, provided the officer returns to service within 45 days Page 8 DRS15281-MRap-17BSenate Bill 701-First Edition General Assembly Of North Carolina Session 2025 after the disability benefits cease and is otherwise qualified to receive the allowance.
The retired officer is reemployed as the sheriff of a county or in a publicsafetypublicsafetyposition positionthatrequiresthatrequires all ofthefollowingoftheoccupant:
The occupant is certified as a law enforcement officer under the provisions of Article 1 of Chapter 17C of the General Statutes or as deputy sheriff under the provisions of Chapter 17Eofthe General Statutesand exercisestheauthorityexercisestheauthorityofa ofa law enforcement officer or deputy sheriff.
DRS15281-MRap-17BSenate Bill 701-First Edition Page 9 General Assembly Of North Carolina Session 2025 c.
(1) In a public safetysafetyposition positioninin a capacitycapacitynot notrequiringparticipation requiring participation in the Local Governmental Employees' Retirement System.
(2) In service to a countycountyboard board of elections on an election day or during the hours for early voting under Part 5 of Article 14A of Chapter 163 of the General Statutes in a capacity that complies with G.S.
(f) ResponsibilityResponsibilityfor for Payment.
… (a3) AcountyAcountysheriff sheriff who(i) has completedat least 10yearsof10 eligibleserviceasyearsof eligible serviceas asheriff, (ii) is at least 55 years of age or who has attained at least 30 years of creditable service regardless of age, and (iii) has elected to receive a retirement allowance while in service under G.S.
Page 10 DRS15281-MRap-17BSenate Bill 701-First Edition General Assembly Of North Carolina Session 2025 (a) An eligible A retired sheriff entitled to receive a supplemental pension benefit under this Article shall be entitled to and receive an annual pension benefit, payable in equal monthly installments, equal to an amount that, when added to a retired retirement allowance at retirement from the Local Governmental Employees' Retirement System or to the amount he the retired sheriff would have been eligible to receive if service had not been forfeited by the withdrawal of accumulated contributions, is equal to seventy-five percent (75%) of a sheriff's equivalent annual salarysalaryimmediatelyprecedingretirement immediatelycomputedonthelatest precedingmonthlybaserate,to retirementcomputedon thelatest monthly baserate,to amaximum amount that does not exceed (i) one thousand five hundred dollars ($1,500) or (ii) the sheriff's equivalent annual salary immediately preceding retirement computed on the latest monthly base rate when the benefit described in this subsection is added to the amount of the benefit the sheriff receives under G.S.
128-27.1 computed on the latest monthlymonthlybase base rate, to a maximum amount that does not exceed (i) one thousand five hundred dollars ($1,500) or (ii) the sheriff's equivalent annual salary immediately preceding the sheriff's election to begin receiving a retirement allowance while in service under G.S.
…." DRS15281-MRap-17BSenate Bill 701-First Edition Page 11 General Assembly Of North Carolina Session 2025 TECHNICAL AND CONFORMING CHANGES SECTION 4.1.
"(c) Notwithstanding subsection (a) of this section, anyanymember member of the Retirement System that has elected to begin receiving a retirement allowance under G.S.
"(a) ASeparateInsuranceBenefitsPlan,hereinaftercalledtheASeparateInsuranceBenefitsPlan,hereinaftercalledthe"Plan",istobeanemployee "Plan",istobeanemployee welfare benefit plan, established for the benefit of (i) all law enforcement officers, as defined in G.S.
128-21, employed by the State and local governments and (ii) all former law-enforcement officers previously employed bybythe the State and local governments, who had 20 or more years of service as an officer or are in receipt of a disability retirement allowance from any State-administered retirement system or are in receipt of a benefit from the Disability Income Plan of North Carolina, who shall be participants." SECTION 4.4.(a) G.S.
Show all 54 changed lines (14 more)
– As of JanuaryJanuary1, 1, 1985, there shall be created a Supplemental Retirement Income Plan, hereinafter called the "Plan," established for the benefit of all law-enforcement All law enforcement officers employed by the State, who shall be participants.
Upon the death of a participant there shall be paid the same lump-sum distribution or periodic Page 12 DRS15281-MRap-17BSenate Bill 701-First Edition General Assembly Of North Carolina Session 2025 installments to the surviving spouse of the participant or otherwise to the participant's estate;
135-5.6(a)(1),a participant in the Plan may elect to transfer any portion of his eligible accumulated contributions, not including any Roth after-tax contributions and the earnings thereon, contributions or earnings, to the Teachers' and State Employees' Retirement System and receive, in addition to his the basic service, earlyearlyearly, early, or disabilitydisabilityretirement retirement allowance allowance, a special retirement allowance which shall be based on his the participant's eligible accumulated account balance at the date of the transfer of the assets.
(2) Contributions shall be made to the individual accounts of all participants in the Plan on a per capita basis in equal shares, equal to the sum of the one-half dollar($0.50)foreachcostofcourtassessedandcollectedunderdollar($0.50)foreachcostofcourtassessedandcollectedunderG.S. G.S.
From July 1, 1987, until July 1, 1988, local government employers of law enforcement officers shall contribute an amount equal to at least two percent (2%) of participating local officers' monthly compensation to the Supplemental Retirement IncomePlanto becreditedto thedesignatedindividual accounts ofparticipatingofparticipatinglocal local officers;
DRS15281-MRap-17BSenate Bill 701-First Edition Page 13 General Assembly Of North Carolina Session 2025 (3) Contributions under subdivisions (1) and (2) of this subsection shall cease upon the officer's election to receive a retirement allowance under G.S.
SECTION 6.1.(b) If the Internal Revenue Service (IRS) notifies the State Treasurer that one or more provisions of this act is not in compliance with federal law or regulations, then each provision to which the IRS notification pertains shall expire 30 days from receipt of the notification bybythe the State Treasurer.
The State Treasurer shall notifynotifythe the Revisor of Statutes of any IRS notification that requires the expiration of a provision of this act in accordance with this section.
… Page 14 DRS15281-MRap-17BSenate Bill 701-First Edition General Assembly Of North Carolina Session 2025 (b1) Eligibility for Allowance.Allowance and Calculation of Allowance Amount.
DRS15281-MRap-17BSenate Bill 701-First Edition Page 15 General Assembly Of North Carolina Session 2025 (b2) Allowance Amount.
The officer has completed at least five years of continuous service as a law enforcement officer immediatelyimmediatelypreceding preceding a service retirement.
Any break in this required continuous service that is a result of disabilitydisabilityretirement retirement or disabilitydisabilitysalary salary continuation benefits shall not Page 16 DRS15281-MRap-17BSenate Bill 701-First Edition General Assembly Of North Carolina Session 2025 adversely affect an officer's qualification to receive the allowance, provided the officer returns to service within 45 days after the disability benefits cease and is otherwise qualified to receive the allowance.
…." DRS15281-MRap-17BSenate Bill 701-First Edition Page 17 General Assembly Of North Carolina Session 2025 SECTION 7.1.(c) This section becomes effective October 1, 2025, and applies to law enforcement officers retiring on or after that date.
Page 18 DRS15281-MRap-17BSenate Bill 701-First Edition
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Action History
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Filed
Sponsors
- Brad Overcash · Cosponsor
- Timothy D. Moffitt · Cosponsor
- Bobby Hanig · Cosponsor
- Warren Daniel · Cosponsor
- Jr. David W. Craven · Cosponsor
- W. Ted Alexander · Cosponsor
- Paul Newton · Primary
- Jr. Danny Earl Britt · Primary
- Todd Johnson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 7 co-sponsors · 170 not signed on
Sponsors (2)
- Paul Newton Republican
- Danny Earl Britt, Jr. Republican
Co-sponsors (7)
- Brad Overcash Republican
- Timothy D. Moffitt Republican
- Bobby Hanig Republican
- Warren Daniel Republican
- David W. Craven, Jr. Republican
- W. Ted Alexander Republican
- Todd Johnson Republican
Not signed on (170)
170 members have not signed on to this bill.
Show all 170 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 701?
- SB 701 is sponsored by Brad Overcash (Republican), Timothy D. Moffitt (Republican), Bobby Hanig (Republican), Warren Daniel (Republican), David W. Craven, Jr. (Republican), W. Ted Alexander (Republican), Paul Newton (Republican), Danny Earl Britt, Jr. (Republican), and Todd Johnson (Republican).
- What is the current status of SB 701?
- This bill is in committee in the Senate. Introduced March 25, 2025. It must pass committee before a floor vote.
- Where can I track SB 701?
- Track SB 701 free on One Click Politics — get push/email alerts when it moves.
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