July 11, 1983
Subject:
Department of Administration; State Employee Suggestion System
Requested By:
Jane Smith Patterson Secretary – Department of Administration
Question:
Does G.S. 143-340(1) prohibit retired state employees from participating in the State Employee Suggestion System?
Conclusion:
The statute does not provide for participation by retired state employees.
G.S. 143-340(1) provides that the Secretary of Administration has the following powers and duties:
"To establish a meritorious service award system for state employees’ suggestions which may
include cash awards to be paid from savings resulting from the adoption of employees’
suggestions, but in no case shall the cash award exceed twenty-five percent (25%) of the savings
resulting during the first year following the adoption or a maximum of five thousand dollars ($5,000).”
The statute specifically establishes a system for ". . . state employee suggestions . . .". Cash
awards are to be paid from savings resulting from the adoption of ". . . employee suggestions . . .".
Although it would appear that the purpose of the statute may be furthered by the participation of
retired state employees in the system, the language of the statute makes no provision for such
participation. It is therefore the opinion of this Office that the statute limits participation in the
system to current state employees. The limitation would not, however, prohibit an award to a
retiree who submitted a suggestion prior to retirement.
Rufus L. Edmisten
Attorney General
Grayson G. Kelley
Assistant Attorney General