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Home / Opinion Digests / Administrative / Administrative – Labor & Employment – Public Employees – Retirement Fund – Anti-Pension Spiking Statute – Rulemaking Requirement (access required)

Administrative – Labor & Employment – Public Employees – Retirement Fund – Anti-Pension Spiking Statute – Rulemaking Requirement (access required)

When the General Assembly passed G.S. § 135-5(a3) to protect the state Retirement System from pension spiking (i.e., pensions that would be significantly greater than the retiree’s contributions to the system), the legislature did not relieve the Retirement System’s Board of Trustees from using the rulemaking apparatus of the Administrative Procedure Act to adopt the ...

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