H149 - Disaster Recovery Act of 2024. (SL 2024-51)

Session Year 2024

Overview: Section 12.1 of S.L. 2024‑51 temporarily amends the six‑month separation from service from an employer for retirement to be effective for individuals under the Teachers' and State Employees' Retirement System (TSERS) who retired on or after April 1, 2024, but before October 1, 2024. Instead, a one‑month separation is required if the individual returns to a position needed due to the state of emergency related to Hurricane Helene or associated Hurricane Helene recovery efforts. Any time worked or earnings received between September 25, 2024, and the end of the one‑month separation exception, will not be considered work for purposes of the six‑month separation or considered earnings received by the individual.

For individuals who retired prior to October 1, 2024, any earnings received between September 25, 2024, and the end of the one‑month separation exception will not be treated as earned by a beneficiary of the Local Governmental Employees' Retirement System if the earnings are related to a position needed due to the state of emergency related to Hurricane Helene or associated Hurricane Helene recovery efforts.

Any benefits received or paid to a law enforcement officer, retired law enforcement officer, sheriff, or retired sheriff must not be impacted by any work performed between September 25, 2024, and the end of the one‑month separation exception, if work performed is needed due to the state of emergency related to Hurricane Helene or associated Hurricane Helene recovery efforts.

The one‑month separation exception expires when the statewide declaration of emergency issued by the Governor in Executive Order No. 315 expires. Upon its expiration, the six‑month separation from an employer for retirement to be effective will be applicable again.

This section became effective October 10, 2024.

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