135-100. Short title and purpose. (a) This Article shall be known and may be cited as the "Disability Income Plan of North Carolina". (b) The purpose of this Article is to provide equitable replacement income for eligible teachers and employees who become temporarily or permanently disabled for the performance of their duty prior to retirement, […]
135-101. Definitions. The following words and phrases as used in this Article, unless a different meaning is plainly required by the context, shall have the following meanings: (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 […]
135-102. Administration. (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 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 […]
135-103. Eligible participants. (a) The eligible participants of the Disability Income Plan shall consist of: (1) All teachers and employees in service and members of the Teachers’ and State Employees’ Retirement System or participants of the Optional Retirement Program on January 1, 1988. (2) All persons who become teachers and employees or re-enter service as […]
135-104. Salary continuation. (a) A participant shall receive no benefits from the Plan for a period of 60 continuous calendar days from the onset of disability determined as the last actual day of service, the day of the disabling event if the disabling event occurred on a day other than a normal workday, or the […]
135-105. Short-term disability benefits. (a) Any participant who becomes disabled and is no longer able to perform his or her usual occupation may receive a benefit commencing on the first day succeeding the waiting period provided all of the following conditions are met: (1) Application for the benefit occurs at least 365 calendar days succeeding […]
135-106. Long-term disability benefits. (a) Upon the application of a beneficiary or participant or of his legal representative or any person deemed by the Board of Trustees to represent the participant or beneficiary, any beneficiary or participant who has had five or more years of membership service may receive long-term disability benefits from the Plan […]
135-107. Optional Retirement Program. (a) Any participant of the Optional Retirement Program who becomes a beneficiary under the Plan shall be eligible to receive long-term disability benefits so long as the beneficiary is disabled and is in receipt of a primary Social Security disability benefit until the time the beneficiary would first qualify for an […]
135-108. Post disability benefit adjustments. The compensation upon which the short-term or long-term disability benefit is calculated under the provisions of G.S. 135-105(c) or G.S. 135-106(b) may be increased by any permanent across-the-board salary increase granted to employees of the State by the General Assembly and the benefits payable to beneficiaries shall be recalculated based […]
135-109. Reports of earnings. The Department of State Treasurer and Board of Trustees may require each beneficiary to annually provide a statement of the beneficiary’s income received as compensation for services, including fees, commissions, or similar items, income received from business, and benefits received from the Social Security Administration, the federal Veterans Administration, any other […]
135-110. Funding and management of funds. (a) It is the intent of the General Assembly that a trust fund be created that provides an irrevocable source of funding to be used, to the extent the fund’s assets are sufficient, only for disability benefits to participants and beneficiaries. Accordingly, the following provisions apply to that trust […]
135-111. Applicability of other pension laws. Subject to the provisions of this Article, the provisions of G.S. 135-9, entitled "Exemption from taxes, garnishment, attachment, etc."; G.S. 135-10, entitled "Protection against fraud"; G.S. 135-10.1, entitled "Failure to Respond"; and G.S. 135-17, entitled "Facility of payment" shall be applicable to this Article and to benefits paid pursuant […]
135-111.1. Improper receipt of decedent’s Disability Income Plan allowance. A person is guilty of a Class 1 misdemeanor if the person, with the intent to defraud, receives money as a result of cashing, depositing, or receiving a direct deposit of a decedent’s Disability Income Plan allowance and the person (i) knows that he or she […]
135-112. Transition provisions. (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 […]
135-113. Reservation of power to change. The benefits provided in this Article as applicable to a participant who is not a beneficiary under the provisions of this Article shall not be considered as a part of an employment contract, either written or implied, and the General Assembly reserves the right at any time and from […]
135-114. Reciprocity of membership service with the Legislative Retirement System and the Consolidated Judicial Retirement System. Only for the purpose of determining eligibility for benefits accruing under this Article, membership service standing to the credit of a member of the Legislative Retirement System or the Consolidated Judicial Retirement System shall be added to the membership […]
