§ 135-45.5. Optional participation for charter schools operated by private nonprofit corporations. - North Carolina Statutes

§ 135‑45.5.  Optionalparticipation for charter schools operated by private nonprofit corporations.

(a)        The board ofdirectors of each charter school operated by a private nonprofit corporationshall elect whether to become a participating employer in the Plan inaccordance with this Article. This election shall be in writing, shall be madeno later than 30 days after this section becomes law, and shall be filed withthe Executive Administrator and Board of Trustees and with the State Board ofEducation. For each charter school employee who is employed on or before thedate the board makes the election, membership in the Plan is effective as ofthe date the board makes the election. For each charter school employee who isemployed after the date the board makes the election, membership in the Plan iseffective as of the date of that employee's entry into eligible service. Thissubsection applies only to charter schools that received State Board ofEducation approval under G.S. 115C‑238.29D in 1997 or 1998.

(b)        No later than 30days after both parties have signed the written charter under G.S. 115C‑238.29E,the board of directors of a charter school operated by a private nonprofitcorporation shall elect whether to become a participating employer in the Planin accordance with this Article. This election shall be in writing and filedwith the Executive Administrator, the Board of Trustees, and the State Board ofEducation. This election is effective for each charter school employee as ofthe date of that employee's entry into eligible service. This subsectionapplies to charter schools that receive State Board of Education approval underG.S. 115C‑238.29D after 1998.

(c)        A board's electionto become a participating employer in the Plan under this section is irrevocableand shall require all eligible employees of the charter school to participate.

(d)        If a charterschool's board of directors does not elect to become a participating employerin the Plan under this section, that school's employees and the dependents ofthose employees are not eligible for any benefits under the Plan on account ofemployment with a charter school.

(e)        The board ofdirectors of each charter school shall notify each of its employees as towhether the board elected to become a participating employer in the Plan underthis section. This notification shall be in writing and shall be providedwithin 30 days of the board's election or at the time an initial offer foremployment is made, whichever occurs last. If the board did not elect to becomea participating employer in the Plan, the notice shall include a statement thatthe employee shall have no legal recourse against the board or the State forany possible benefit under the Plan. The employee shall provide writtenacknowledgment of the employee's receipt of the notification under thissubsection.  (1998‑212,s. 9.14A(e); 2008‑168, ss. 1(a), 3(a), (i).)