Section 128-38.4 - Forfeiture of retirement benefits for certain felonies committed while serving as elected government official(a) 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: (1) 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.(b) The federal offenses covered by this section are as follows: (1) 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).(2) Reserved for future codification purposes.(c) The offenses under the laws of this State covered by this section are as follows: (1) A felony violation of any of the following provisions of the General Statutes: a. Article 29 of Chapter 14, Bribery.b. Article 30 of Chapter 14, Obstructing Justice.c. Article 30A of Chapter 14, Secret Listening.d.G.S. 14-228, Buying and selling offices.e. Part 1 of Article 14 of Chapter 120, Code of Legislative Ethics.f. Article 20 of Chapter 163, Absentee Ballot.g. Article 22 of Chapter 163, Regulation of Election Campaigns - Corrupt Practices and Other Offenses Against the Elective Franchise.h.G.S. 14-90, Embezzlement of property received by virtue of office or employment.i.G.S. 14-91, Embezzlement of State property by public officers and employees.j.G.S. 14-92, Embezzlement of funds by public officers and trustees.k.G.S. 14-99, Embezzlement of taxes by officers.l. G.S. Subsection (a) of G.S. 14-454.1, Accessing government computers.m. Subsection (a1) of G.S. 14-455, Damaging computers, computer programs, computer systems, computer networks, and resources.n.G.S. 14-456.1, Denial of government computer services to an authorized user.(2) Perjury or false information as follows: a. 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.b. 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.c. Perjury under Article 22A of Chapter 163 of the General Statutes.(d) All monies forfeited under this section shall be remitted to the Civil Penalty and Forfeiture Fund.N.C. Gen. Stat. § 128-38.4
Amended by 2018 N.C. Sess. Laws 84,s. 2-b, eff. 6/25/2018.Added by 2007 N.C. Sess. Laws 179,s. 2.(a), eff. 7/1/2007.