NC General Statutes
N.C. Gen. Stat. § 128-38 (2026)
Reservation of power to change
✓ current as of July 2026
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The General Assembly reserves the right at any time and from time to time, and if deemed necessary or appropriate by said General Assembly in order to coordinate with any changes in the benefit and other provisions of the Social Security Act made after January 1, 1955, to modify or amend in whole or in part any or all of the provisions of the North Carolina Local Governmental Employees' Retirement System. (1955, c. 1153, s. 9; 2025-11, s. 4(a).)
Notes of Decisions
Cited in 8
cases, 1950–2020 · leading case: Faulkenbury v. Teachers' & State Employees' Ret. Sys., 483 S.E.2d 422 (N.C. 1997).
Faulkenbury v. Teachers' & State Employees' Ret. Sys., 483 S.E.2d 422 (N.C. 1997). “*691 The defendants next contend that the General Assembly reserved the right to amend the retirement plans for state and local government employees by N.C.G.S. §§ 128-38 and 135-18.4, which provide: The General Assembly reserves the right at any time and from time to time, and…”
Faulkenbury v. Teachers'& State Emp. Ret. Sys., 483 S.E.2d 422 (N.C. 1997). “The defendants next contend that the General Assembly reserved the right to amend the retirement plans for state and local government employees by N.C.G.S. §§ 128-38 and 135-18.4, which provide: The General Assembly reserves the right at any time and from time to time, and if…”
Simpson v. North Carolina Local Gov't Employees' Ret. Sys., 363 S.E.2d 90 (N.C. Ct. App. 1987). “to modify or amend in whole or in part any or all of the provisions of the North Carolina Local Governmental Employees’ Retirement System.” Finally, defendants contend that even if the relationship between the Retirement System and plaintiffs is one of contract, and even…”
NC Dep't of State Treasurer v. Riddick (N.C. Ct. App. 2020). “N.C. Gen. Stat. § 128-38 .4A(a) mandates a member of LGERS, who is convicted of a felony, must forfeit retirement benefits from LGERS, if the offense is committed -5- NORTH CAROLINA DEP’T OF TREASURER V.”
NC Dep&039t of State Treasurer v. Riddick (N.C. Ct. App. 2020). “N.C. Gen. Stat. § 128-38 .4A(a) mandates a member of LGERS, who is convicted of a felony, must forfeit retirement benefits from LGERS, if the offense is committed -5- NORTH CAROLINA DEP’T OF TREASURER V.”
NC Dep't of State Treasurer v. Riddick (N.C. Ct. App. 2020). “N.C. Gen. Stat. § 128-38 .4A(a) mandates a member of LGERS, who is convicted of a felony, must forfeit retirement benefits from LGERS, if the offense is committed -5- NORTH CAROLINA DEP’T OF TREASURER V.”
Simpson v. North Carolina Local Gov't Emp. Retire. Sys., 363 S.E.2d 90 (N.C. Ct. App. 1987). “to modify or amend in whole or in part any or all of the provisions of the North Carolina Local Governmental Employees' Retirement System." Finally, defendants contend that even if the relationship between the Retirement System and plaintiffs is one of contract, and even…”
Laughinghouse v. City of New Bern, 61 S.E.2d 802 (N.C. 1950). “Moreover, the General Assembly of 1945 repealed an original provision, G.S. 128-38, that “any county, city or town participating in the retirement system may by action of its governing body later withdraw from the system, and all contributions of employees and employers shall be…”
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