Rep. Smith files bill in North Carolina House to reduce retiree reemployment waiting period

A new bill filed by State Rep. Carson Smith in the North Carolina House seeks to reduce the waiting period for retired assistant district attorneys and public defenders to return to state employment, according to the North Carolina State House.

The bill, filed as HB 487 on March 24 during the 2025 regular session, was formally listed with the short title: ‘Shorter Separation for Retired ADAs and APDs.’

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, the bill permits retired assistant district attorneys and retired assistant public defenders in North Carolina to return to state employment after a 30-day separation, reducing the existing requirement of a six-month separation period for retirees before reemployment. Section 1 of the act may be repealed if the Internal Revenue Service determines it jeopardizes the status of the Teachers’ and State Employees’ Retirement System under the Internal Revenue Code, with decisions and notifications to be communicated by the State Treasurer. Additionally, the Department of State Treasurer is allocated $100,000 from the General Fund to fund the necessary legal inquiries. The act generally takes effect on Jan. 1, 2027, with specified sections effective on July 1, 2025.

A related bill, SB 364, was also filed in the North Carolina Senate, introduced by Sen. W. Ted Alexander (and one other) on March 20, 2025.

Of the two sponsors of this bill, Smith proposed the most bills (19) during the 2025 regular session.

Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.

You can read more about the bills and other measures here.

Smith, a Republican, was elected to the North Carolina State House in 2019 to represent the state’s 16th House district, replacing previous state representative Bob Muller.