May a retired local government law enforcement officer work for another local government while receiving the special separation allowance?
Bottom-line answer: Yes, a retired local government law enforcement officer may work for another local government while receiving the special separation allowance, provided that the original local government employer – that is, the one paying the special separation allowance – has not adopted a policy prohibiting re-employment by another North Carolina local government. The policy must have been adopted before a retired officer has begun employment with another local government in order for it to apply to that officer. The local government law enforcement officer special separation allowance is established by General Statutes § 143-166.42, which expressly models the special separation allowance on that provided to state law enforcement officers under G.S. § 143-166.41. The relationship between the two statutes is ambiguous and has been the subject of litigation. Two North Carolina Court of Appeals cases – Campbell v. City of Laurinburg and Wiggs v. Edgecombe County – have established t
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