State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_135 > GS_135-10_1

§ 135‑10.1.  Failure torespond.

If a member fails to respondin any way within 90 days after preliminary option figures and the Form 6‑Eare mailed, the Form 6 shall be null and void; the retirement system shall notbe liable for any benefits due on account of the voided application, and a newapplication must be filed establishing a subsequent effective date ofretirement. If an applicant for disability retirement fails to furnishrequested additional medical information within 90 days following such request,the application shall be declared null and void under the same conditionsoutlined above, unless the applicant is eligible for early or serviceretirement in which case the application shall be processed accordingly, usingthe same effective date as would have been used had the application fordisability retirement been approved. The Director of the Retirement SystemsDivision, acting on behalf of the Board of Trustees, may extend the 90‑daylimitation provided for in this section when a member has sufferedincapacitation such that a reasonable person would not have expected the memberto be able to complete the required paperwork within the regular deadline, orwhen an omission by the Retirement Systems Division prevents the member fromhaving sufficient time to meet the regular deadline.  (2005‑91, s. 4; 2009‑66,s. 4(b).)