North Carolina General Statutes 120-4.22. Disability retirement benefits
Terms Used In North Carolina General Statutes 120-4.22
- Filing: when used in reference to an application for retirement, means the receipt of an acceptable application on a form provided by the Retirement System. See North Carolina General Statutes 120-4.8
- Medical Board: means the board of physicians provided for in N. See North Carolina General Statutes 120-4.8
- Member in service: means a member in service on or after June 15, 1983. See North Carolina General Statutes 120-4.8
- month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
- Retirement: means the withdrawal from active service with a retirement allowance granted under the provisions of this Article. See North Carolina General Statutes 120-4.8
(a) Eligibility; Application. – Upon application by or on behalf of the member, any member in service who has completed at least five years of creditable service and who has not reached his 60th birthday may, after medical certification, be retired on a disability retirement allowance by the Board of Trustees on the first day of the particular calendar month designated by the applicant. The designated date shall be no less than one day nor more than 120 days from the filing of the application.
(b) Medical Certification. – After a medical examination of the member, the medical board shall certify to the Board of Trustees that the member is mentally or physically incapacitated for further performance of duty as a member of the General Assembly, that the incapacity was incurred at the time of active employment and has been continuous thereafter, that the incapacity is likely to be permanent and whether the member should be retired.
(c) Computation. – Upon retirement for disability pursuant to subsection (a) of this section, a member shall receive a disability retirement allowance equal to a service retirement allowance calculated on the basis of the member’s “highest annual salary” and the creditable service he would have had by the age of 60 had he continued in service.
(d) Limitations. – In no event shall any member receive a disability retirement allowance greater than seventy-five percent (75%) of his “highest annual salary”. (1983, c. 761, s. 238; 1983 (Reg. Sess., 1984), c. 1034, ss. 195, 196; 1987, c. 513, s. 1; c. 738, s. 31(d); 2001-424, s. 32.30(c); 2009-66, s. 3(l).)