State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_135 > GS_135-101

§ 135‑101.  Definitions.

The following words andphrases as used in this Article, unless a different meaning is plainly requiredby the context, shall have the following meanings:

(1)        "Base rate ofcompensation" shall mean the regular monthly rate of compensation notincluding pay for shift premiums, overtime, or other types of extraordinarypay; in all cases of doubt, the Board of Trustees shall determine what is"base rate of compensation".

(2)        "Beneficiary"shall mean any person in receipt of a disability allowance or other benefit asprovided in this Article.

(3)        "Benefits"shall mean the monthly disability income payments made pursuant to theprovisions of this Article. In the event of death on or after the first day ofa month, or in the event the short‑term disability benefit ends on orafter the first day of a month where the beneficiary is eligible and appliesfor an early service or a service retirement allowance the first of thefollowing month, the monthly benefit shall not be prorated and shall equal thebenefits paid in the previous month.

(4)        "Board ofTrustees" shall mean the Board of Trustees of the Teachers' and StateEmployees' Retirement System as provided in G.S. 135‑6.

(5)        "Compensation"shall mean any compensation as the term is defined in G.S. 135‑1(7a).

(6)        "Disability"or "Disabled" shall mean the mental or physical incapacity for thefurther performance of duty of a participant or beneficiary; provided that suchincapacity was not the result of terrorist activity, active participation in ariot, committing or attempting to commit a felony, or intentionally self‑inflictedinjury.

(7)        "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 allcases of doubt, the Board of Trustees shall determine what are"earnings".

(8)        "Employee"shall mean any employee as the term is defined in G.S. 135‑1(10).

(9)        "Employer"shall mean any employer as the term is defined in G.S. 135‑1(11).

(10)      "MedicalBoard" shall mean the board of physicians as provided in G.S. 135‑102(d).

(11)      "Member"shall mean any member as the term is defined in G.S. 135‑1(13).

(12)      "Membershipservice" shall mean any service as defined in G.S. 135‑1(14).

(13)      "Participant"shall mean any teacher or employee eligible to participate in the Plan asprovided in G.S. 135‑103.

(14)      "Plan"shall mean the Disability Income Plan of North Carolina as provided in thisArticle.

(15)      "Retirement"shall mean the withdrawal from active service with a retirement allowancegranted under the provisions of Article 1 of this Chapter.

(16)      "RetirementSystem" shall mean the Teachers' and State Employees' Retirement System ofNorth Carolina as defined in G.S. 135‑2.

(17)      "Service"shall mean service as a teacher or employee as defined in G.S. 135‑1(10)or G.S. 135‑1(25).

(18)      "State"shall mean the State of North Carolina.

(19)      "Teacher"shall mean any teacher as the term is defined in G.S. 135‑1(25).

(20)      "TrialRehabilitation" shall mean a return to service in any capacity, if thereturn occurs within the waiting period as provided in G.S. 135‑104;shall mean a return to service in the same capacity that existed prior to thedisability if the return occurs within the short‑term disability periodas provided in G.S. 135‑105; and shall mean a return to service in anycapacity and in any position provided the salary earned is equal to or greaterthan the salary upon which the long‑term disability benefit is basedimmediately preceding the return to service, if the return occurs within thelong‑term disability period as provided in G.S. 135‑106.

(21)      "Workers'Compensation" shall mean any disability income benefits provided under theNorth Carolina Workers' Compensation Act, excluding any payments for apermanent partial disability rating. (1987, c. 738, s. 29(q); 1989, c. 717, ss. 7, 8; 1991(Reg. Sess., 1992), c. 779, s. 1; 1993 (Reg. Sess., 1994), c. 769, s. 7.30(s);2003‑284, s. 30.20(j); 2004‑78, s. 1; 2006‑74, ss. 1, 2.)