North Carolina General Statutes 128-32.1. Failure to respond
Terms Used In North Carolina General Statutes 128-32.1
- Board of Trustees: shall mean the Board provided for in N. See North Carolina General Statutes 128-21
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Member: shall mean any person included in the membership of the Retirement System as provided in N. See North Carolina General Statutes 128-21
- Retirement System: shall mean the North Carolina Local Governmental Employees' Retirement System as defined in this Article. See North Carolina General Statutes 128-21
- Service: shall mean service as an employee as described in subdivision (10) of this section and paid for by the employer as described in subdivision (11) of this section. See North Carolina General Statutes 128-21
If a member fails to respond within 120 days after preliminary option figures and the Form 6-E or Form 7-E are transmitted to the member, or if a member fails to respond within 120 days after the effective date of retirement, whichever is later, the Form 6 or Form 7 shall be null and void; the retirement system shall not be liable for any benefits due on account of the voided application, and a new application must be filed establishing a subsequent effective date of retirement. If an applicant for disability retirement fails to furnish requested additional medical information within 90 days following such request, the application shall be declared null and void under the same conditions outlined above, unless the applicant is eligible for early or service retirement in which case the application shall be processed accordingly, using the same effective date as would have been used had the application for disability retirement been approved. The Director of the Retirement Systems Division, acting on behalf of the Board of Trustees, may extend the 120-day limitation provided for in this section when a member has suffered incapacitation such that a reasonable person would not have expected the member to be able to complete the required paperwork within the regular deadline, or when an omission by the Retirement Systems Division prevents the member from having sufficient time to meet the regular deadline. (2005-91, s. 12; 2009-66, s. 4(a); 2010-72, s. 6(b); 2016-108, s. 3(b).)