Why CMPD Chief Putney's retirement plan may not be legal

The North Carolina Retirement Systems Division tells FOX 46 generally-speaking CMPD Chief Kerr Putney’s retirement plan cannot become effective because the City of Charlotte and Chief Putney have announced plans for Putney to return and be rehired at CMPD.

In a YouTube video and in a press release, both issued Monday, Putney and the City of Charlotte said he would be rehired after his retirement becomes effective on January 1, 2020.

“Putney will officially retire Jan. 1, 2020, and following a two-month hiatus, resume his role as police chief in March,” the City of Charlotte said in the press release.

The Retirement Systems Division spoke in general to FOX 46 about how retirement is handled. They cannot speak on a specific case because of personnel matters.

FRATERNAL ORDER OF POLICE COMMENTS ON PUTNEY'S RETIREMENT; CMPD CANCELS PRESSER

A spokesperson for the state agency says by law, a state employee cannot have plans to come back to an agency. If they do, then their retirement cannot become effective.

The specific state law, GS 128-21(19), which applies in this case, states,

"Retirement" under this Article shall mean the commencement of monthly retirement benefits, along with the termination of employment and the complete separation from active service with no intent or agreement, expressed or implied, to return to service. A retirement allowance under the provisions of this Article may only be granted upon retirement of a member. In order for a member's retirement to become effective in any month, the member must perform no work for a participating employer, including part-time, temporary, substitute, or contractor work, at any time during the same month immediately following the effective first day of retirement.”

CMPD CHIEF KERR PUTNEY TO RETIRE IN 2020

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