5/3/2021
The Daily Bulletin: 2021-05-03 1 Legislative Reporting Service
UNC
SCHOOL OF GOVERNMENT
The Daily Bulletin: 2021-05-03
PUBLIC/HOUSE BILLS
H 762 (2021-2022) BOOKING PHOTOGRAPH PRIVACY ACT. Filed Apr 29 202 1 , TV ACT TO PROHIBIT THE RELEASE OF
BOOKING PHOTOGRAPHS.
Amends GS 132-1.4 to make booking photographs confidential and not public records, and prohibits public law enforcement
agencies from publishing, distributing, or releasing booking photographs (however, allows a public law enforcement agency to
release a booking photograph when the photograph is a record of criminal investigation related to a missing person report).
Allows a court to order the release of a booking photograph upon a showing by the person requesting disclosure that the
disclosure is actually necessary for immediate law enforcement needs. Defines booking photograph as an image of an
individual taken by an arresting public law enforcement agency for the purpose of identification or taken when the individual
was processed into a jail. Effective October 1, 2021 .
Intro, by Moffitt, Turner, Warren, Reives. GS 132
Courts/Judiciary, Criminal Justice, Criminal Law and
View summary Procedure, Government, Public Safety and Emergency
Management
H 763 (2021-2022) PRESERVE STATE PENSION PLAN MODERNIZATION. Filed May 3 2021, AN ACT PRESERVING STATE
PENSION PLA N MODERNIZA TION
В
Y ESTA BUSHING A MECHA NISM FOR A N A UTOMA TED COST- OF -LIVING INCREA SE
WITHIN THE TEACHERS’ AND STATE EMPLOYEES’ RETIREMENT SYSTEM.
Amends GS 135-1, adding the defined term CO LA-eligible member to the defined terms applicable to the Chapter, which
governs the Teachers' and State Employees' Retirement System (TSERS). Defines the term to mean teachers and State
employees who did not earn membership service prior to July 1, 2021, or withdrew any membership service earned prior to
July 1 , 2021 . Makes conforming organizational changes.
Amends GS 135-5(b21), providing for the following retirement allowance for COLA-eligible members upon retirement on or
after July 1, 2019. For (1) members who are law enforcement officers or eligible law enforcement officers whose service
retirement date occurs on or after the member's 55th birthday and completion of five years of creditable sendee as a law
enforcement officer, or after completion of 30 years of creditable sendee, or (2) members who are not law enforcement officers
or eligible law enforcement officers whose sendee retirement date occurs on or after the member's 65th birthday upon the
completion of five years of membership service, or after the completion of 30 years of creditable sendee, or on or after the
member's 60th birthday upon the completion of 25 years of creditable service, provides a retirement allowance in the amount
of 1.5% of the member's average final compensation, multiplied by the number of years of the member's creditable service.
Enacts new subsection (dl) to GS 135-8. providing for the retirement allowance of COLA-eligible members to be paid from
the pension distribution fund, with balance transfers from the pension accumulation fund to this fund equivalent to the present
value of the member's future benefits. Requires the consulting actuary to make an annual valuation of the fund and the asset
return assumption, as specified, and required the TSERS Board of Trustees to annually adjust the benefits paid from the fund
to increase or decrease the fund liabilities to equal the fund assets. Sets parameters and restrictions for the increases or
decreases.
Effective on the date the act becomes law, directs the TSERS Board of Trustees to. by June 30. 2021 . develop a process to
allow teachers and State employees who became members prior to July 1 . 2021 . to elect to begin participating as COLA-
eligible members.
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