§ 135-5.3. Optional participation for charter schools operated by private nonprofit corporations. - North Carolina Statutes

§ 135‑5.3.  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 Retirement Systemin accordance with this Article. This election shall be in writing, shall bemade no later than 30 days after this section becomes law, and shall be filedwith the Retirement System and with the State Board of Education. For eachcharter school employee who is employed on or before the date the board makesthe election to participate, membership in the System is effective as of thedate the board makes the election to participate. For each charter schoolemployee who is employed after the date the board makes the election,membership in the System is effective as of the date of that employee's entryinto eligible service. This subsection applies only to charter schools thatreceived State Board of Education approval under G.S. 115C‑238.29D in1997 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 theRetirement System in accordance with this Article. This election shall be inwriting and filed with the Retirement System and with the State Board ofEducation and is effective for each charter school employee as of the date ofthat employee's entry into eligible service. This subsection applies to charterschools that receive State Board of Education approval under G.S. 115C‑238.29Dafter 1998.

(c)        A board's electionto become a participating employer in the Retirement System under this section isirrevocable and shall require all eligible employees of the charter school toparticipate.

(d)        No retirementbenefit, death benefit, or other benefit payable under the Retirement Systemshall be paid by the State of North Carolina or the Board of Trustees of theTeachers' and State Employees' Retirement System on account of employment witha charter school with respect to any employee, or with respect to anybeneficiary of an employee, of a charter school whose board of directors doesnot elect to become a participating employer in the Retirement System underthis section.

(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 RetirementSystem under this section. This notification shall be in writing and shall beprovided within 30 days of the board's election or at the time an initial offerfor employment is made, whichever occurs last. If the board did not elect tojoin the Retirement System, the notice shall include a statement that theemployee shall have no legal recourse against the board or the State for anypossible credit or reimbursement under the Retirement System. The employeeshall provide written acknowledgment of the employee's receipt of thenotification under this subsection. (1998‑212, s. 9.14A(b).)