North Carolina General Statutes Chapter 135 Retirement System for Teachers and State Employees; Social Security; State Health Plan for Teachers and State Employees

Article 1 - Retirement System for Teachers and State Employees.

N.C. Gen. Stat. § 135-1. Definitions
The following words and phrases as used in this Chapter, unless a different meaning is plainly required by the context, shall have the following...
N.C. Gen. Stat. § 135-1.1. Licensing and examining boards
(a) Any State board or agency charged with the duty of administering any law relating to the examination and licensing of persons to practice...
N.C. Gen. Stat. § 135-2. Name and date of establishment
A Retirement System is hereby established and placed under the management of the Board of Trustees for the purpose of providing retirement allowances and...
N.C. Gen. Stat. § 135-3. Membership
The membership of this Retirement System shall be composed as follows: (1) All persons who shall become teachers or State employees after the date...
N.C. Gen. Stat. § 135-3.1, 135-3.2. Repealed by Session Laws 1961, c. 516, s. 9
N.C. Gen. Stat. § 135-4. Creditable service
(a) Under such rules and regulations as the Board of Trustees shall adopt, each member who was a teacher or State employee at any...
N.C. Gen. Stat. § 135-4.1. Reciprocity of creditable service with other State-administered retirement systems
(a) Only for the purpose of determining eligibility for benefits accruing under this Article, creditable service standing to the credit of a member of...
N.C. Gen. Stat. § 135-4A. Recodified
N.C. Gen. Stat. § 135-5. Benefits
(a) Service Retirement Benefits. (1) Any member who became a member prior to August 1, 2011, may retire upon electronic submission or written application...
N.C. Gen. Stat. § 135-5.1. Optional retirement program for The University of North Carolina
(a) An Optional Retirement Program provided for in this section is authorized and established and shall be implemented by the Board of Governors of...
N.C. Gen. Stat. § 135-5.2. Chapel Hill utilities and telephone employees
Notwithstanding any other provision to the contrary, all persons employed by Chapel Hill Telephone Company or University Service Plants at the time the Chapel...
N.C. Gen. Stat. § 135-5.3. Optional participation for charter schools operated by private nonprofit corporations
(a) The board of directors of each charter school operated by a private nonprofit corporation shall elect whether to become a participating employer in...
N.C. Gen. Stat. § 135-5.4. Optional retirement program for State-funded community colleges
(a) An Optional Retirement Program provided for in this section is authorized and established and shall be implemented by the North Carolina Community Colleges...
N.C. Gen. Stat. § 135-6. Administration
(a) Administration by Board of Trustees; Corporate Name; Rights and Powers; Tax Exemption. - The general administration and responsibility for the proper operation of...
N.C. Gen. Stat. § 135-7. Management of funds
(a) Vested in Board of Trustees. - The Board of Trustees shall be the trustee of the several funds created by this Chapter as...
N.C. Gen. Stat. § 135-7.1 through 135-7.2. Repealed by Session Laws 1979, c. 467, ss. 16, 17
N.C. Gen. Stat. § 135-8. Method of financing
(a) Funds to Which Assets of Retirement System Credited. - All of the assets of the Retirement System shall be credited according to the...
N.C. Gen. Stat. § 135-9. Exemption from garnishment, attachment, etc
Except for the applications of the provisions of G.S. 110-136, and G.S. 110-136.3 et seq., and in connection with a court-ordered equitable distribution under...
N.C. Gen. Stat. § 135-10. Protection against fraud
Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this Retirement...
N.C. Gen. Stat. § 135-10.1. Failure to respond
If a member fails to respond within 120 days after preliminary option figures and the Form 6-E or Form 7-E are mailed, or if...
N.C. Gen. Stat. § 135-11. Application of other pension laws
Subject to the provisions of Article 2, Chapter 135 of the General Statutes, Volume 17, as amended, no other provisions of law in any...
N.C. Gen. Stat. § 135-12. Obligation of maintaining reserves and paying benefits
The maintenance of annuity reserves and pension reserves as provided for and regular interest creditable to the various funds as provided in G.S. 135-8,...
N.C. Gen. Stat. § 135-13. Certain laws not repealed; suspension of payments and compulsory retirement
Nothing in this Chapter shall be construed to repeal or invalidate any of the provisions of Chapter 483 of the Public-Local Laws of 1919,...
N.C. Gen. Stat. § 135-14. Pensions of certain former teachers and State employees
On and after July 1, 1983, special pensions and allowances of certain former teachers and State employees shall be paid out of the Pension...
N.C. Gen. Stat. § 135-14.1. Certain school superintendents and assistant superintendents
Any person who has been a superintendent or assistant superintendent in the public schools of North Carolina for a total of 20 years or...
N.C. Gen. Stat. § 135-15. Repealed by Session Laws 1949, c. 1056, s. 9
N.C. Gen. Stat. § 135-16. Employees transferred to North Carolina State Employment Service by act of Congress
Notwithstanding any provision contained in this Chapter, any employee of the United States Employment Service who was transferred to and became employed by the...
N.C. Gen. Stat. § 135-16.1. Blind or visually impaired employees
(a) On July 1, 1971, all blind or visually impaired employees employed by the Department of Health and Human Services shall be enrolled as...
N.C. Gen. Stat. § 135-17. Facility of payment
In the event of the death of a member or beneficiary not survived by a person designated to receive any return of accumulated contributions...
N.C. Gen. Stat. § 135-18. Repealed by Session Laws 1969, c. 1223, s. 14
N.C. Gen. Stat. § 135-18.1. Transfer of credits from the North Carolina Local Governmental Employees' Retirement System
(a) Any person who is a member of the Teachers' and State Employees' Retirement System of North Carolina on July 1, 1951, and who...
N.C. Gen. Stat. § 135-18.2. Repealed by Session Laws 1959, c. 538, s. 3
N.C. Gen. Stat. § 135-18.3. Conditions under which amendments void
If for any reason the federal-state agreement provided in Article 2 of Chapter 135 of the General Statutes, Volume 17, as amended, is not...
N.C. Gen. Stat. § 135-18.4. Reservation of power to change
The General Assembly reserves the right at any time and from time to time, and if deemed necessary or appropriate by said General Assembly...
N.C. Gen. Stat. § 135-18.5. Provision for emergency expenses of integration of System
For the purpose of meeting the expenses involved in administering the provisions of this Article to June 30, 1959, and in holding the referendum...
N.C. Gen. Stat. § 135-18.6. Termination or partial termination; discontinuance of contributions
In the event of the termination or partial termination of the Retirement System or in the event of complete discontinuance of contributions under the...
N.C. Gen. Stat. § 135-18.7. Internal Revenue Code compliance
(a) Notwithstanding any other provisions of law to the contrary, compensation for any calendar year after 1988 in which employee or employer contributions are...
N.C. Gen. Stat. § 135-18.8. Deduction for payments allowed
(a) Any beneficiary who is a member of a domiciled employees' or retirees' association that has at least 2,000 members, the majority of whom...
N.C. Gen. Stat. § 135-18.9. Transfer of members from the Legislative Retirement System or the Consolidated Judicial Retirement System
(a) The accumulated contributions, creditable service, and reserves, if any, of a member of the Legislative Retirement System, as provided for in Article 1A...
N.C. Gen. Stat. § 135-18.10. Forfeiture of retirement benefits for certain felonies committed while serving as elected government official
(a) Except as provided in G.S. 135-4(gg), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of...
N.C. Gen. Stat. § 135-18.10A. Forfeiture of retirement benefits for certain felonies related to employment or holding office
(a) Except as provided in G.S. 135-4(ii), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of...
N.C. Gen. Stat. § 135-18.11. Improper receipt of decedent's retirement 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,...

Article 2 - Coverage of Governmental Employees under Title II of the Social Security Act.

N.C. Gen. Stat. § 135-19. Declaration of policy
In order to extend to employees of the State and its political subdivisions and of the instrumentalities of either, and to the dependents and...
N.C. Gen. Stat. § 135-20. Definitions
For the purposes of this Article: (1) The term "employee" includes an officer of the State, or one of its political subdivisions or instrumentalities....
N.C. Gen. Stat. § 135-21. Federal-State agreement; interstate instrumentalities
(a) The State agency, with the approval of the Governor, is hereby authorized to enter on behalf of the State into an agreement with...
N.C. Gen. Stat. § 135-22. Contributions by State employees
(a) Every employee of the State whose services are covered by an agreement entered into under G.S. 135-21 shall be required to pay for...
N.C. Gen. Stat. § 135-23. Plans for coverage of employees of political subdivisions
(a) Each political subdivision of the State is hereby authorized to submit for approval by the State agency a plan for extending the benefits...
N.C. Gen. Stat. § 135-24. Contribution fund
(a) There is hereby established a special fund to be known as the contribution fund. Such fund shall consist of and there shall be...
N.C. Gen. Stat. § 135-25. Rules and regulations
The State agency shall make and publish such rules and regulations, not inconsistent with the provisions of this Article, as it finds necessary or...
N.C. Gen. Stat. § 135-26. Studies and reports
The State agency shall make studies concerning the problem of old age and survivors insurance protection for employees of the State and local governments...
N.C. Gen. Stat. § 135-27. Transfers from State to certain association service
(a) Any member whose service as a teacher or State employee is terminated because of acceptance of a position prior to July 1, 1983,...
N.C. Gen. Stat. § 135-28. Transfer of members to employment covered by the North Carolina Local Governmental Employees' Retirement System
(a) Any member whose services as a teacher or State employee are terminated for any reason other than retirement or death, who, while his...
N.C. Gen. Stat. § 135-28.1. Transfer of members to employment covered by the Uniform Judicial Retirement System
(a) Any member whose service as a teacher or State employee is terminated other than by retirement or death and, who, while still a...
N.C. Gen. Stat. § 135-29. Referenda and certification
(a) With respect to employees of the State and any other individuals covered by Article 1 of Chapter 135 of the General Statutes, Volume...
N.C. Gen. Stat. § 135-30. State employees members of Law-Enforcement Officers' Benefit and Retirement Fund
The federal-state agreement provided in G.S. 135-21 shall be revised and extended to provide that, effective on, or retroactively as of, such date as...
N.C. Gen. Stat. § 135-31. Split referendums
The provisions of this Article shall be construed as authorization for the State or political subdivisions or instrumentalities of government which have not heretofore...

Article 3 - Other Teacher, Employee Benefits; Child Health Benefits.

N.C. Gen. Stat. § 135-32 through 135-33.1. Repealed by Session Laws 1981 (Regular Session, 1982), c. 1398, s. 1
N.C. Gen. Stat. § 135-34. Repealed by Session Laws 1987, c. 738, s. 29(l)
N.C. Gen. Stat. § 135-35. Repealed by Session Laws 1981, c. 859, s. 13.17; 1981 (Regular Session, 1982), c. 1398, s. 1
N.C. Gen. Stat. § 135-36. Repealed by Session Laws 1981 (Regular Session, 1982), c. 1398, s. 1
N.C. Gen. Stat. § 135-37 through 135-42.1. Recodified and renumbered as G.S. 135-43 to 135-47.3

Article 3A - Other Benefits for Teachers, State Employees, Retired State Employees, and Child Health.

N.C. Gen. Stat. § 135-43 through 135-47.3. Recodified as Article 3B of Chapter 135 by Session Laws 2011-85, ss. 2.4 through 2.8, effective January 1, 2012
N.C. Gen. Stat. § 135-48. Reserved for future codification purposes

Article 3B - State Health Plan for Teachers and State Employees.

N.C. Gen. Stat. § 135-48.1. General definitions
As used in this Article unless the context clearly requires otherwise, the following definitions apply: (1) Benefit period. - The period of time during...
N.C. Gen. Stat. § 135-48.2. Undertaking
(a) The State of North Carolina undertakes to make available a State Health Plan (hereinafter called the "Plan") exclusively for the benefit of eligible...
N.C. Gen. Stat. § 135-48.3. Right to amend
The General Assembly reserves the right to alter, amend, or repeal this Article. (1981 (Reg. Sess., 1982), c. 1398, s. 6; 1985, c. 732,...
N.C. Gen. Stat. § 135-48.4. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.5. Health benefit trust funds created
(a) There are hereby established two health benefit trust funds, to be known as the Public Employee Health Benefit Fund and the Health Benefit...
N.C. Gen. Stat. § 135-48.6. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.8. Statements of public interest
The State of North Carolina deems it to be in the public interest for North Carolina firefighters, rescue squad workers, and members of the...
N.C. Gen. Stat. § 135-48.9. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.10. Confidentiality of information and medical records; provider contracts
(a) Any information described in this section that is in the possession of the State Health Plan for Teachers and State Employees or its...
N.C. Gen. Stat. § 135-48.11. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.12. Committee on Actuarial Valuation of Retired Employees' Health Benefits
(a) There is established the Committee on Actuarial Valuation of Retired Employees' Health Benefits. The Committee shall be responsible for collecting data and reviewing...
N.C. Gen. Stat. § 135-48.13. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.14. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.15. Whistle-blower protections related to the State Health Plan
(a) Statement of Public Policy. - It is the policy of this State that persons shall be encouraged to report verbally or in writing...
N.C. Gen. Stat. § 135-48.16. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.17. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.18. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.19. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.20. Board of Trustees established
(a) There is established the Board of Trustees of the State Health Plan for Teachers and State Employees. (b) The Board of Trustees of...
N.C. Gen. Stat. § 135-48.21. Board officers, quorum, meetings
(a) Besides the Chair, the Board of Trustees shall elect from its own membership such officers as it sees fit. (b) A majority of...
N.C. Gen. Stat. § 135-48.22. Board powers and duties
The Board of Trustees shall have the following powers and duties: (1) Approve benefit programs, as provided in G.S. 135-48.30(a)(2). (2) Approve premium rates,...
N.C. Gen. Stat. § 135-48.23. Executive Administrator
(a) The Plan shall have an Executive Administrator and a Deputy Executive Administrator. The Executive Administrator and the Deputy Executive Administrator positions are exempt...
N.C. Gen. Stat. § 135-48.24. Administrative review
(a) If, after exhaustion of internal appeal handling as outlined in the contract with the Claims Processor any person is aggrieved, the Claims Processor...
N.C. Gen. Stat. § 135-48.25. Rules
The State Treasurer, in consultation with the Board of Trustees, may adopt rules to implement this Article. The State Treasurer shall provide to all...
N.C. Gen. Stat. § 135-48.26. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.27. Reports to the General Assembly; General Assembly access to information
In addition to the reports required by G.S. 135-48.23(d), the State Treasurer, the Executive Administrator, and Board of Trustees shall report to the General...
N.C. Gen. Stat. § 135-48.28. Auditing of the Plan
The State Health Plan for Teachers and State Employees and the Claims Processor shall be subject to the oversight of the State Auditor pursuant...
N.C. Gen. Stat. § 135-48.30. Powers and duties of the State Treasurer
(a) The State Treasurer shall have the following powers and duties: (1) Administer and operate the State Health Plan for Teachers and State Employees...
N.C. Gen. Stat. § 135-48.31. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.32. Contracts to provide benefits
The Plan benefits shall be provided under contracts between the Plan and the claims processors selected by the Plan. The State Treasurer may contract...
N.C. Gen. Stat. § 135-48.33. Contracting provisions; large contract review by Board of Trustees and Attorney General, auditing, no cost plus contracts
(a) The Board of Trustees must approve all Plan contracts in excess of five hundred thousand dollars ($500,000), including contracts with an initial cost...
N.C. Gen. Stat. § 135-48.34. Contracts not subject to Article 3 of Chapter 143 of the General Statutes
The design, adoption, and implementation of the preferred provider contracts, networks, and optional alternative comprehensive health benefit plans, and programs available under the optional...
N.C. Gen. Stat. § 135-48.35. Contract disputes not contested case under the Administrative Procedure Act, Chapter 150B of the General Statutes
A dispute involving the performance, terms, or conditions of a contract between the Plan and an entity under contract with the Plan is not...
N.C. Gen. Stat. § 135-48.36. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.37. Liability of third person; right of subrogation; right of first recovery
(a) The Plan shall have the right of subrogation upon all of the Plan member's right to recover from a liable third party for...
N.C. Gen. Stat. § 135-48.38. Persons eligible for Medicare; optional participation in other Medicare products
(a) Benefits payable for covered expenses under this Plan will be reduced by any benefits payable for the same covered expenses under Medicare, so...
N.C. Gen. Stat. § 135-48.39. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.40. Categories of eligibility
(a) Noncontributory Coverage. - The following persons are eligible for coverage under the Plan, on a noncontributory basis, subject to the provisions of G.S....
N.C. Gen. Stat. § 135-48.41. Additional eligibility provisions
(a) A foster child is covered as a dependent child (i) if living in a regular parent-child relationship with the expectation that the employee...
N.C. Gen. Stat. § 135-48.42. Enrollment
(a) Except as otherwise required by applicable federal law, new employees must be given the opportunity to enroll or decline enrollment for themselves and...
N.C. Gen. Stat. § 135-48.43. Effective dates of coverage
(a) Eligible Employees and Retired Employees. - Employees and retirees who otherwise satisfy the eligibility requirements set forth in G.S. 135-48.40 will be offered...
N.C. Gen. Stat. § 135-48.44. Cessation of coverage
(a) Coverage under this Plan of an employee and his or her surviving spouse or eligible dependent children or of a retired employee and...
N.C. Gen. Stat. § 135-48.45. Conversion
(a) Upon a cessation of group coverage under the Plan and/or eligibility for group coverage under the Plan, an employee or dependent shall be...
N.C. Gen. Stat. § 135-48.46. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.47. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.48. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.49. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.50. Coverage mandates
The Plan shall provide coverage subject to the following coverage mandates: (1) Abortion coverage. - The Plan shall not provide coverage for abortions for...
N.C. Gen. Stat. § 135-48.51. Coverage and operational mandates related to Chapter 58 of the General Statutes
The following provisions of Chapter 58 of the General Statutes apply to the State Health Plan: (1) G.S. 58-3-191, Managed care reporting and disclosure...
N.C. Gen. Stat. § 135-48.52. General limitations and exclusions
The Plan shall not provide coverage for or pay any benefits for any of the following: (1) Charges to the extent paid, or which...
N.C. Gen. Stat. § 135-48.54. Optional participation for charter schools operated by private nonprofit corporations
(a) The board of directors of each charter school operated by a private nonprofit corporation shall elect whether to become a participating employer in...
N.C. Gen. Stat. § 135-48.55. Interest charged to charter schools on late premiums
The total amount of premiums due the Plan from charter schools as employing units, including amounts withheld from the compensation of Plan members, that...
N.C. Gen. Stat. § 135-48.56. Education of covered active and retired employees
It is the intent of the General Assembly that active employees and retired employees covered under the Plan and its successor Plan shall have...
N.C. Gen. Stat. § 135-48.57. Payments for county or city ambulance service
Allowable payments for services provided by a county or city ambulance service shall be paid directly or shall be co-payable to the county or...
N.C. Gen. Stat. § 135-48.58. Premiums for firefighters, rescue squad workers, and members of National Guard
In setting premiums for firefighters, rescue squad workers, and members of the National Guard, and their eligible dependents, the Plan shall establish rates separate...
N.C. Gen. Stat. § 135-48.59. Reserved for future codification purposes
N.C. Gen. Stat. § 135-48.60. Repealed by Session Laws 2012-173, s. 3(d), effective January 1, 2013
N.C. Gen. Stat. § 135-48.61. Repealed by Session Laws 2012-173, s. 3(d), effective January 1, 2013
N.C. Gen. Stat. § 135-48.62. Repealed by Session Laws 2012-173, s. 3(d), effective January 1, 2013
N.C. Gen. Stat. § 135-49. Reserved for future codification purposes

Article 4 - Consolidated Judicial Retirement Act.

N.C. Gen. Stat. § 135-50. Short title and purpose
(a) This Article shall be known and may be cited as the "Consolidated Judicial Retirement Act." (b) The purpose of this Article is to...
N.C. Gen. Stat. § 135-51. Scope
(a) This Article provides consolidated retirement benefits for all justices and judges, district attorneys, and solicitors who are serving on January 1, 1974, and...
N.C. Gen. Stat. § 135-52. Application of Article 1; administration
(a) References in Article 1 of this Chapter to the provisions of "this Chapter" shall not necessarily apply to this Article. However, except as...
N.C. Gen. Stat. § 135-53. 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...
N.C. Gen. Stat. § 135-54. Name and date of establishment
A Retirement System is hereby established and placed under the management of the Board of Trustees for the purpose of providing retirement allowances and...
N.C. Gen. Stat. § 135-55. Membership
(a) The membership of the Retirement System shall consist of: (1) All judges and district attorneys in office on January 1, 1974; (2) All...
N.C. Gen. Stat. § 135-56. Creditable service
(a) Subject to such rules and regulations as the Board of Trustees shall adopt with regard to the verification of a judge's prior service,...
N.C. Gen. Stat. § 135-56.01. Reciprocity of creditable service with other State-administered retirement systems
(a) Only for the purpose of determining eligibility for benefits accruing under this Article, creditable service standing to the credit of a member of...
N.C. Gen. Stat. § 135-56.1. Repealed by Session Laws 1983 (Regular Session, 1984), c. 1031, s. 16
N.C. Gen. Stat. § 135-56.2. Creditable service for other employment
Any member may purchase creditable service for service as a State teacher or employee, as defined under G.S. 135-1(10) and (25), and for service...
N.C. Gen. Stat. § 135-56.3. Repayments and Purchases
(a) Purchase of Service Credits Through Rollover Contributions From Certain Other Plans. - Notwithstanding any other provision of this Article, and without regard to...
N.C. Gen. Stat. § 135-57. Service retirement
(a) Any member on or after January 1, 1974, who became a member prior to August 1, 2011, and who has attained his fiftieth...
N.C. Gen. Stat. § 135-58. Service retirement benefits
(a) Any member who retires under the provisions of subsection (a) or subsection (c) of G.S. 135-57 before July 1, 1990, after he either...
N.C. Gen. Stat. § 135-59. Disability retirement
(a) Upon application by or on behalf of the member, any member in service who has completed five or more years of creditable service...
N.C. Gen. Stat. § 135-60. Disability retirement benefits
(a) Upon retirement for disability in accordance with G.S. 135-59, a member shall receive a disability retirement allowance computed and payable as provided for...
N.C. Gen. Stat. § 135-61. Election of optional allowance
Any member who retires under the provisions of this Article shall have the right to elect to have his allowance payable under any one...
N.C. Gen. Stat. § 135-62. Return of accumulated contributions
(a) Should a member cease membership service otherwise than by death or retirement under the provisions of this Article, he shall, upon submission of...
N.C. Gen. Stat. § 135-63. Benefits on death before retirement
(a) Upon receipt of proof, satisfactory to the Board of Trustees, of the death of a member in service, there shall be paid in...
N.C. Gen. Stat. § 135-64. Benefits on death after retirement
(a) In the event of the death of a former member while in receipt of a retirement allowance pursuant to his retirement under the...
N.C. Gen. Stat. § 135-65. Post-retirement increases in allowances
(a) Commencing with the post-retirement adjustment, effective July 1, 1974, all retirement allowances payable under the provisions of this Article shall be adjusted annually...
N.C. Gen. Stat. § 135-66. Administration; management of funds
The State Treasurer shall be the custodian of the assets of this Retirement System and shall invest them in accordance with the provisions of...
N.C. Gen. Stat. § 135-67. Assets of Retirement System
(a) All of the assets of the Retirement System shall be credited according to the purpose for which they are held to one of...
N.C. Gen. Stat. § 135-68. Contributions by the members
(a) Each member shall contribute by payroll deduction for each pay period for which he receives compensation six percent (6%) of his compensation for...
N.C. Gen. Stat. § 135-69. Contributions by the State
(a) The State shall contribute annually an amount equal to the sum of the "normal contribution" and the "accrued liability contribution." (b) The normal...
N.C. Gen. Stat. § 135-70. Transfer of members to another system
(a) Any member whose membership service is terminated other than by retirement or death and, who, while still a member of this Retirement System...
N.C. Gen. Stat. § 135-70.1. Transfer of members from the Local Governmental Employees' Retirement System, the Teachers' and State Employees' Retirement System, or the Legislative Retirement System
(a) The accumulated contributions, creditable service, and reserves, if any, of a former teacher or employee, as defined in G.S. 135-1(25), 135-1(10), and 128-21(10),...
N.C. Gen. Stat. § 135-71. Return to membership of retired former member
(a) In the event that a retired former member should at any time return to membership service, his retirement allowance shall thereupon cease and...
N.C. Gen. Stat. § 135-72. Repealed by Session Laws 1999-237, s. 28.25
N.C. Gen. Stat. § 135-73. Termination or partial termination; discontinuance of contributions
In the event of the termination or partial termination of the Retirement System or in the event of complete discontinuance of contributions under the...
N.C. Gen. Stat. § 135-74. Internal Revenue Code compliance
(a) Notwithstanding any other provisions of law to the contrary, compensation for any calendar year after 1988 in which employee or employer contributions are...
N.C. Gen. Stat. § 135-75. Deduction for payments allowed
(a) Any beneficiary who is a member of a domiciled employees' or retirees' association that has at least 2,000 members, the majority of whom...
N.C. Gen. Stat. § 135-75.1. Forfeiture of retirement benefits for certain felonies committed while serving as elected government official
(a) Except as provided in G.S. 135-56(g), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of...
N.C. Gen. Stat. § 135-75.1A. Forfeiture of retirement benefits for certain felonies related to employment or holding office
(a) Except as provided in G.S. 135-56(j), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of...
N.C. Gen. Stat. § 135-75.2. Improper receipt of decedent's retirement 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,...
N.C. Gen. Stat. § 135-76. Reserved for future codification purposes

Article 4A - Uniform Solicitorial Retirement Act of 1974.

N.C. Gen. Stat. § 135-77 through 135-83. Repealed by Session Laws 1983 (Regular Session 1984), c. 1031, s. 24

Article 4B - Uniform Clerks of Superior Court Retirement Act of 1975.

N.C. Gen. Stat. § 135-84 through 135-86. Repealed by Session Laws 1983 (Regular Session, 1984), c. 1031, s. 24
N.C. Gen. Stat. § 135-87. Reserved for future codification purposes
N.C. Gen. Stat. § 135-88. Reserved for future codification purposes
N.C. Gen. Stat. § 135-89. Reserved for future codification purposes

Article 5 - Supplemental Retirement Income Act of 1984.

N.C. Gen. Stat. § 135-90. Short title and purpose
(a) This Article shall be known and may be cited as the "Supplemental Retirement Income Act of 1984". (b) The purpose of the Article...
N.C. Gen. Stat. § 135-91. Administration
(a) The provisions of this Article shall be administered by the Department of State Treasurer and the Supplemental Retirement Board of Trustees established in...
N.C. Gen. Stat. § 135-92. Membership
(a) The membership eligibility of the Supplemental Retirement Income Plan shall consist of any of the following who voluntarily elect to enroll: (1) Members...
N.C. Gen. Stat. § 135-93. Contributions
(a) Each member may elect to reduce his compensation by the amount of his contribution to the Supplemental Retirement Income Plan and that amount...
N.C. Gen. Stat. § 135-94. Benefits
(a) The Department of State Treasurer and the Board of Trustees shall establish a schedule of supplemental retirement income benefits for all members of...
N.C. Gen. Stat. § 135-95. Exemption from garnishment, attachment
Except for the applications of the provisions of G.S. 143-166.30(g1), G.S. 143-166.50(e2), G.S. 110-136, and G.S. 110-136.3 et seq., and in connection with a...
N.C. Gen. Stat. § 135-96. Supplemental Retirement Board of Trustees
(a) The Supplemental Retirement Board of Trustees is established to administer the Supplemental Retirement Income Plan established under the provisions of this Article and...
N.C. Gen. Stat. § 135-97. Immunity
A person serving on the Supplemental Retirement Board of Trustees shall be immune individually from civil liability for monetary damages, except to the extent...

Article 6 - Disability Income Plan of North Carolina.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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'...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 135-105. Short-term disability benefits
(a) Any participant who becomes disabled and is no longer able to perform his usual occupation may, after at least 365 calendar days succeeding...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 135-107. Optional Retirement Program
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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 135-109. Reports of earnings
The Department of State Treasurer and Board of Trustees shall require each beneficiary to annually provide a statement of the beneficiary's income received as...
N.C. Gen. Stat. § 135-110. Funding and management of funds
(a) A trust fund is hereby created to which all receipts, transfers, appropriations, contributions, investment earnings and other income belonging to the Plan shall...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 135-115. Reserved for future codification purposes
N.C. Gen. Stat. § 135-116. Reserved for future codification purposes
N.C. Gen. Stat. § 135-117. Reserved for future codification purposes
N.C. Gen. Stat. § 135-118. Reserved for future codification purposes
N.C. Gen. Stat. § 135-119. Reserved for future codification purposes
N.C. Gen. Stat. § 135-120. Reserved for future codification purposes
N.C. Gen. Stat. § 135-121. Reserved for future codification purposes
N.C. Gen. Stat. § 135-122. Reserved for future codification purposes
N.C. Gen. Stat. § 135-123. Reserved for future codification purposes
N.C. Gen. Stat. § 135-124. Reserved for future codification purposes
N.C. Gen. Stat. § 135-125. Reserved for future codification purposes
N.C. Gen. Stat. § 135-126. Reserved for future codification purposes
N.C. Gen. Stat. § 135-127. Reserved for future codification purposes
N.C. Gen. Stat. § 135-128. Reserved for future codification purposes
N.C. Gen. Stat. § 135-129. Reserved for future codification purposes
N.C. Gen. Stat. § 135-130. Reserved for future codification purposes
N.C. Gen. Stat. § 135-131. Reserved for future codification purposes
N.C. Gen. Stat. § 135-132. Reserved for future codification purposes
N.C. Gen. Stat. § 135-133. Reserved for future codification purposes
N.C. Gen. Stat. § 135-134. Reserved for future codification purposes
N.C. Gen. Stat. § 135-135. Reserved for future codification purposes
N.C. Gen. Stat. § 135-136. Reserved for future codification purposes
N.C. Gen. Stat. § 135-137. Reserved for future codification purposes
N.C. Gen. Stat. § 135-138. Reserved for future codification purposes
N.C. Gen. Stat. § 135-139. Reserved for future codification purposes
N.C. Gen. Stat. § 135-140. Reserved for future codification purposes
N.C. Gen. Stat. § 135-141. Reserved for future codification purposes
N.C. Gen. Stat. § 135-142. Reserved for future codification purposes
N.C. Gen. Stat. § 135-143. Reserved for future codification purposes
N.C. Gen. Stat. § 135-144. Reserved for future codification purposes
N.C. Gen. Stat. § 135-145. Reserved for future codification purposes
N.C. Gen. Stat. § 135-146. Reserved for future codification purposes
N.C. Gen. Stat. § 135-147. Reserved for future codification purposes
N.C. Gen. Stat. § 135-148. Reserved for future codification purposes
N.C. Gen. Stat. § 135-149. Reserved for future codification purposes

Article 7 - Qualified Excess Benefit Arrangement.

N.C. Gen. Stat. § 135-150. Definitions
The following words and phrases as used in this Article, unless a different meaning is plainly required by the context, have the following meanings:...
N.C. Gen. Stat. § 135-151. Qualified Excess Benefit Arrangement
(a) The Qualified Excess Benefit Arrangement (QEBA) is established effective January 1, 2014, and placed under the management of the Board of Trustees. The...

Last modified: March 23, 2014