North Carolina General Statutes 135-102. Administration
Terms Used In North Carolina General Statutes 135-102
- Benefits: shall mean the monthly disability income payments made pursuant to the provisions of this Article. See North Carolina General Statutes 135-101
- Board of Trustees: shall mean the Board provided for in N. See North Carolina General Statutes 135-1
- Board of Trustees: shall mean the Board of Trustees of the Teachers' and State Employees' Retirement System as provided in N. See North Carolina General Statutes 135-101
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Medical board: shall mean the board of physicians provided for in N. See North Carolina General Statutes 135-1
- Medical Board: shall mean the board of physicians 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
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- State: shall mean the State of North Carolina. See North Carolina General Statutes 135-101
(a) The provisions of this Article shall be administered by the Department of State Treasurer and the Board of Trustees of the Teachers’ and State Employees’ Retirement System, except where otherwise provided, and all expenses in connection with the administration of the Plan, except for expenses incurred by and properly charged to the employer, shall be charged against and paid from the trust fund as created and provided in this Article.
(b) The Plan shall have the power and privileges of a corporation and under the name of Disability Income Plan of North Carolina shall all of its business be transacted, all of its funds invested and all of its cash, securities and other property be held.
(c) The Department of State Treasurer and the Board of Trustees shall have the full power and authority to adopt rules for the administration of the Plan not inconsistent with the provisions of this Article. The Department of State Treasurer and the Board of Trustees may appoint those agents, contractors, and employees as they deem advisable to carry out the terms and conditions of the Plan.
(d) The Department of State Treasurer and the Board of Trustees shall designate a Medical Board to be composed of not fewer than three nor more than five physicians not eligible for benefits under the Plan. Other physicians, medical clinics, institutions or agencies may be employed to conduct such medical examinations and tests necessary to provide the Medical Board with clinical evidence as may be needed to determine eligibility for benefits under the Plan. The Medical Board shall investigate the results of medical examinations, clinical evidence, all essential statements and certifications by and on behalf of applicants for benefits and shall report in writing to the Board of Trustees the conclusions and recommendations upon all matters referred to [it], except as otherwise provided in this Chapter.
(e) The Department of State Treasurer and the Board of Trustees may provide the benefits according to the terms and conditions of the Plan as provided in this Article either by purchasing a contract or contracts with any insurance company licensed to do business in this State or by establishing a separate trust fund qualified under Section 501(c)(9) of the Internal Revenue Code of 1986. (1987, c. 738, s. 29(q); 2023-89, s. 3.1; 2023-105, s. 3.3.)