Terms Used In North Carolina General Statutes > Chapter 135 > Article 6 - Disability Income Plan of North Carolina

• Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a member and accredited to his individual account in the annuity savings fund, together with regular interest thereon as provided in N. See North Carolina General Statutes 135-1
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Average final compensation: shall mean the average annual compensation of a member during the four consecutive calendar years of membership service producing the highest such average; but shall not include any compensation, as determined by the Board of Trustees, for the reimbursement of expenses or payments for housing or any other allowances whether or not classified as salary and wages. See North Carolina General Statutes 135-1
• Base rate of compensation: shall mean the regular monthly rate of compensation not including pay for shift premiums, overtime, or other types of extraordinary pay; in all cases of doubt, the Board of Trustees shall determine what is "base rate of compensation". See North Carolina General Statutes 135-101
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this Chapter. See North Carolina General Statutes 135-1
• Beneficiary: shall mean any person in receipt of a disability allowance or other benefit as provided in this Article. See North Carolina General Statutes 135-101
• 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
• Compensation: includes all special pay contribution of annual leave made to a 401(a) Special Pay Plan for the benefit of an employee. See North Carolina General Statutes 135-1
• Compensation: shall mean any compensation as the term is defined 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.
• Creditable service: shall mean the total of "prior service" plus "membership service" plus service, both noncontributory and purchased, for which credit is allowable as provided in N. See North Carolina General Statutes 135-1
• Decedent: A deceased person.
• Dependent: A person dependent for support upon another.
• 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
• Earnings: shall mean all income for personal services rendered or otherwise receivable, including, but not limited to, salaries and wages, fees, commissions, royalties, awards and other similar items and self-employment; in all cases of doubt, the Board of Trustees shall determine what are "earnings". See North Carolina General Statutes 135-101
• Employee: shall mean any employee as the term is defined in N. See North Carolina General Statutes 135-101
• Employee: shall mean all full-time employees, agents or officers of the State of North Carolina or any of its departments, bureaus and institutions other than educational, whether such employees are elected, appointed or employed: Provided that the term "employee" shall not include any person who is a member of the Consolidated Judicial Retirement System, any member of the General Assembly or any part-time or temporary employee. See North Carolina General Statutes 135-1
• Employer: shall mean any employer as the term is defined in N. See North Carolina General Statutes 135-101
• Employer: shall mean the State of North Carolina, the county board of education, the city board of education, the State Board of Education, the board of trustees of the University of North Carolina, the board of trustees of other institutions and agencies supported and under the control of the State, or any other agency of and within the State by which a teacher or other employee is paid. See North Carolina General Statutes 135-1
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Filing: when used in reference to an application for retirement shall mean the receipt of an acceptable application on a form provided by the Retirement System. See North Carolina General Statutes 135-1
• 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
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• 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
• Member: shall mean any teacher or State employee included in the membership of the System as provided in N. See North Carolina General Statutes 135-1
• Member: shall mean any member as the term is defined in N. 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
• 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
• 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
• property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
• 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 employee 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
• State: shall mean the State of North Carolina. See North Carolina General Statutes 135-101
• Teacher: shall mean (i) any teacher, helping teacher, teacher in a job-sharing position under N. See North Carolina General Statutes 135-1
• Teacher: shall mean any teacher as the term is defined in N. See North Carolina General Statutes 135-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trial Rehabilitation: shall mean a return to service in any capacity, if the return occurs within the waiting period as provided in N. See North Carolina General Statutes 135-101
• Trustee: A person or institution holding and administering property in trust.