N.C. Gen. Stat. § 128-38.4
Forfeiture of retirement benefits for certain felonies committed while serving as elected government official
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) Except as provided in G.S. 128-26(w), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony under the federal laws listed in subsection (b) of this section or the laws of this State listed in subsection (c) of this section if all of the following apply: The federal or State offense is committed while serving as an elected government official.
(1) Except as provided in G.S. 128-26(w), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony under the federal laws listed in subsection (b) of this section or the laws of this State listed in subsection (c) of this section if all of the following apply: The federal or State offense is committed while serving as an elected government official.
(2) The conduct on which the federal or State offense is based is directly related to the member's service as an elected government official.
(2) The conduct on which the federal or State offense is based is directly related to the member’s service as an elected government official.
(3) The federal offenses covered by this section are as follows: A felony violation of 18 U.S.C. § 201 (Bribery of public officials and witnesses), 18 U.S.C. § 286 (Conspiracy to defraud the Government with respect to claims), 18 U.S.C. § 287 (False, fictitious or fraudulent claims), 18 U.S.C. § 371 (Conspiracy to commit offense or to defraud United States), 18 U.S.C. § 597 (Expenditures to influence voting), 18 U.S.C. § 599 (Promise of appointment by candidate), 18 U.S.C. § 606 (Intimidation to secure political contributions), 18 U.S.C. § 641 (Public money, property, or records), 18 U.S.C. § 666 (Embezzlement and theft), 18 U.S.C. § 1001 (Statements or entries generally), 18 U.S.C. § 1341 (Frauds and swindles), 18 U.S.C. § 1343 (Fraud by wire, radio, or television), 18 U.S.C. § 1503 (Influencing or injuring officer or juror generally), 18 U.S.C. § 1951 (Interference with commerce by threats or violence), 18 U.S.C. § 1952 (Interstate and foreign travel or transportation in aid of racketeering enterprises), 18 U.S.C. § 1956 (Laundering of monetary instruments), 18 U.S.C. § 1962 (Prohibited activities), or section 7201 of the Internal Revenue Code (Attempt to evade or defeat tax).
(3) The federal offenses covered by this section are as follows: A felony violation of 18 U.S.C. § 201 (Bribery of public officials and witnesses), 18 U.S.C. § 286 (Conspiracy to defraud the Government with respect to claims), 18 U.S.C. § 287 (False, fictitious or fraudulent claims), 18 U.S.C. § 371 (Conspiracy to commit offense or to defraud United States), 18 U.S.C. § 597 (Expenditures to influence voting), 18 U.S.C. § 599 (Promise of appointment by candidate), 18 U.S.C. § 606 (Intimidation to secure political contributions), 18 U.S.C. § 641 (Public money, property, or records), 18 U.S.C. § 666 (Embezzlement and theft), 18 U.S.C. § 1001 (Statements or entries generally), 18 U.S.C. § 1341 (Frauds and swindles), 18 U.S.C. § 1343 (Fraud by wire, radio, or television), 18 U.S.C. § 1503 (Influencing or injuring officer or juror generally), 18 U.S.C. § 1951 (Interference with commerce by threats or violence), 18 U.S.C. § 1952 (Interstate and foreign travel or transportation in aid of racketeering enterprises), 18 U.S.C. § 1956 (Laundering of monetary instruments), 18 U.S.C. § 1962 (Prohibited activities), or section 7201 of the Internal Revenue Code (Attempt to evade or defeat tax).
(4) Reserved for future codification purposes.
(4) Reserved for future codification purposes.
(5) The offenses under the laws of this State covered by this section are as follows: A felony violation of any of the following provisions of the General Statutes: Article 29 of Chapter 14, Bribery.
(5) The offenses under the laws of this State covered by this section are as follows: A felony violation of any of the following provisions of the General Statutes: Article 29 of Chapter 14, Bribery.
(6) Article 30 of Chapter 14, Obstructing Justice.
(6) Article 30 of Chapter 14, Obstructing Justice.
(7) Article 30A of Chapter 14, Secret Listening.
(7) Article 30A of Chapter 14, Secret Listening.
(8) G.S. 14-228, Buying and selling offices.
(8) G.S. 14-228, Buying and selling offices.
(9) Part 1 of Article 14 of Chapter 120, Code of Legislative Ethics.
(9) Part 1 of Article 14 of Chapter 120, Code of Legislative Ethics.
(10) Article 20 of Chapter 163, Absentee Ballot.
(10) Article 20 of Chapter 163, Absentee Ballot.
(11) Article 22 of Chapter 163, Regulation of Election Campaigns - Corrupt Practices and Other Offenses Against the Elective Franchise.
(11) Article 22 of Chapter 163, Regulation of Election Campaigns — Corrupt Practices and Other Offenses Against the Elective Franchise.
(12) G.S. 14-90, Embezzlement of property received by virtue of office or employment.
(12) G.S. 14-90, Embezzlement of property received by virtue of office or employment.
(13) G.S. 14-91, Embezzlement of State property by public officers and employees.
(13) G.S. 14-91, Embezzlement of State property by public officers and employees.
(14) G.S. 14-92, Embezzlement of funds by public officers and trustees.
(14) G.S. 14-92, Embezzlement of funds by public officers and trustees.
(15) G.S. 14-99, Embezzlement of taxes by officers.
(15) G.S. 14-99, Embezzlement of taxes by officers.
(16) G.S. Subsection (a) of G.S. 14-454.1, Accessing government computers.
(16) G.S. Subsection (a) of G.S. 14-454.1, Accessing government computers.
(17) Subsection (a1) of G.S. 14-455, Damaging computers, computer programs, computer systems, computer networks, and resources.
(17) Subsection (a1) of G.S. 14-455, Damaging computers, computer programs, computer systems, computer networks, and resources.
(18) G.S. 14-456.1, Denial of government computer services to an authorized user.
(18) G.S. 14-456.1, Denial of government computer services to an authorized user.
(19) Perjury or false information as follows: Perjury committed under G.S. 14-209 in falsely denying the commission of an act that constitutes an offense within the purview of an offense listed in subdivision (1) of subsection (c) of this section.
(19) Perjury or false information as follows: Perjury committed under G.S. 14-209 in falsely denying the commission of an act that constitutes an offense within the purview of an offense listed in subdivision (1) of subsection (c) of this section.
(20) Subornation of perjury committed under G.S. 14-210 in connection with the false denial of another as specified by subdivision (2) of this subsection.
(20) Subornation of perjury committed under G.S. 14-210 in connection with the false denial of another as specified by subdivision (2) of this subsection.
(21) Perjury under Article 22A of Chapter 163 of the General Statutes.
(21) Perjury under Article 22A of Chapter 163 of the General Statutes.
(22) All monies forfeited under this section shall be remitted to the Civil Penalty and Forfeiture Fund.
(22) All monies forfeited under this section shall be remitted to the Civil Penalty and Forfeiture Fund.
History
(2007-179, s. 2(a); 2017-6, s. 3; 2018-84, s. 2(b); 2018-146, ss. 3.1(a), (b), 6.1.)
Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor of Statutes conformed references in subdivision subdivision (c)(1) and sub-subdivision (c)(2)c.
Session Laws 2018-146, ss. 3.1(a), (b), 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the changes to references in subsection (c).
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.