25 NCAC 01D .1204. ELIGIBILITY REQUIREMENTS

(a)  An employee shall have at least ten years of total qualifying state service before being eligible for any longevity payments.

(b)  The employee must have a full-time permanent probationary, trainee or time-limited appointment.

(c)  An employee's earliest possible date of eligibility for a longevity payment is the date when ten years of total state service has been completed.  If on the effective date of this policy an employee has completed the qualifying length of service but is somewhere between eligibility dates, longevity payment shall not be made until the next longevity anniversary date.  In succeeding years, a longevity payment shall be made annually in the pay period in which the employee's longevity anniversary date falls.  Periods of leave without pay in excess of one-half the workdays and holidays in a pay period with the exception of military leave and workers' compensation leave) shall delay the longevity anniversary date.

(d)  Credit for the total service requirement shall not be given for temporary full-time or temporary part-time employment and periods of leave without pay in excess of one-half the workdays and holidays in a pay period, with the exception of military leave and workers' compensation leave.

(e)  Upon change of appointment to temporary or exempt (except as provided by statute), the employee is ineligible for continued longevity pay; hence, if the employee has worked part but not all of one year since the last annual longevity payment, a pro rata payment shall be made as if the employee were separating from state service provided the change is not of a temporary nature.  If an employee goes on leave without pay, longevity shall not be paid until the employee returns and completes the full year.  If, however, the employee should resign while on leave without pay, then the pro rata amount for which the employee is eligible is paid.  Exceptions:

(1)           An employee going on leave without pay due to short-term disability may be paid the prorate amount for which the employee is eligible;

(2)           An employee going on extended military leave without pay shall be paid the prorate amount for which eligible;

(3)           An employee on workers' compensation leave shall be paid longevity as if working.

(f)  Partial Payments:

(1)           If an employee separates from a state agency and receives a partial longevity payment and is reinstated in another state agency, the balance of the longevity payment shall be made upon completion of additional service totaling 12 months since the last full longevity payment.  The balance due is computed on the annual salary being paid at the completion of the 12 months.

(2)           If an employee comes to work in a position that is subject to the Personnel Act from a system (such as judicial, county, public schools, etc.) that has longevity policy which allows partial payments, the receiving state agency shall verify that such payment was or was not made.  Then the state agency shall pay the remainder of the payment when the employee is eligible.

 

History Note:        Authority G.S. 126‑4(5),(10);

Eff. February 1, 1976;

Amended Eff. July 1, 1983;

Filed as a Temporary Amendment Eff. January 1, 1989 for a Period of 180 Days to Expire June 29, 1989;

Amended Eff. August 1, 1995; July 1, 1989; March 1, 1989;

Recodified Paragraph (g) to 25 NCAC 01D .0112 Eff. December 29, 2003.