North Carolina General Statutes 135-112. Transition provisions
Terms Used In North Carolina General Statutes 135-112
- Benefits: shall mean the monthly disability income payments made pursuant to the provisions of this Article. See North Carolina General Statutes 135-101
- Disabled: shall mean the mental or physical incapacity for the further performance of duty of a participant or beneficiary; provided that such incapacity was not the result of terrorist activity, active participation in a riot, committing or attempting to commit a felony, or intentionally self-inflicted injury. See North Carolina General Statutes 135-101
- Membership service: shall mean service as a teacher or State employee rendered while a member of the Retirement System or membership service in a North Carolina Retirement System that has been transferred into this system. See North Carolina General Statutes 135-1
- Membership service: shall mean any service as defined in N. See North Carolina General Statutes 135-101
- Participant: shall mean any teacher or employee eligible to participate in the Plan as provided in N. See North Carolina General Statutes 135-101
- Plan: shall mean the Disability Income Plan of North Carolina as provided in this Article. See North Carolina General Statutes 135-101
- Retirement: shall mean the withdrawal from active service with a retirement allowance granted under the provisions of Article 1 of this Chapter. See North Carolina General Statutes 135-101
- Retirement allowance: shall mean the sum of the "annuity and the pensions" or any optional benefit payable in lieu thereof. See North Carolina General Statutes 135-1
- Retirement System: shall mean the Teachers' and State Employees' Retirement System of North Carolina as defined in N. See North Carolina General Statutes 135-1
- Retirement System: shall mean the Teachers' and State Employees' Retirement System of North Carolina as defined in N. See North Carolina General Statutes 135-101
- Service: shall mean service as a teacher or State employee as described in subdivision (10) or (25) of this section. See North Carolina General Statutes 135-1
- Service: shall mean service as a teacher or employee as defined in N. See North Carolina General Statutes 135-101
- State: shall mean the State of North Carolina. See North Carolina General Statutes 135-101
(a) Any participant in service as of the date of ratification of this Article and who becomes disabled after one year of membership service will be eligible for all benefits provided under this Article notwithstanding the requirement of five years’ membership service to receive the long-term benefit; provided, however, any beneficiary who receives benefits as a result of this transition provision before completing five years of membership service shall receive lifetime benefits in lieu of service accruals under the Retirement System as otherwise provided in N.C. Gen. Stat. § 135-4(y).
(b) All benefit recipients under the former Disability Salary Continuation Plan provided for in N.C. Gen. Stat. § 135-34 and the rules adopted thereto shall become beneficiaries under this Plan under the same provisions and conditions including the benefit amounts payable as were provided under the former Disability Salary Continuation Plan. Any benefit recipient under the former Disability Salary Continuation Plan who returns to service on or after January 1, 1988, who subsequently becomes disabled due to the same disabling condition within 90 days after restoration to service shall not become a participant of the Disability Income Plan but shall be entitled to a restoration of the disability benefit under the same provisions and conditions, including the benefit amounts payable, as were provided under the former Disability Salary Continuation Plan, and shall be entitled to make application for disability retirement benefits under the Retirement System under the same provisions and conditions as were provided members whose service terminated prior to January 1, 1988.
(c) Any person who retired on a disability retirement allowance from the Teachers’ and State Employees’ Retirement System prior to the effective date of this Article shall be entitled to apply for and receive any benefits that would have otherwise been provided under the Disability Salary Continuation Plan provided for in N.C. Gen. Stat. § 135-34 and shall become beneficiaries under this Plan, under the same provisions and conditions, including the benefit amounts payable, as were provided under the former Disability Salary Continuation Plan. (1987, c. 738, s. 29(q); 1989, c. 717, s. 12.)