State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_135 > GS_135-112

§135‑112.  Transition provisions.

(a)        Any participant inservice as of the date of ratification of this Article and who becomes disabledafter one year of membership service will be eligible for all benefits providedunder this Article notwithstanding the requirement of five years' membershipservice to receive the long‑term benefit; provided, however, anybeneficiary who receives benefits as a result of this transition provisionbefore completing five years of membership service shall receive lifetime benefitsin lieu of service accruals under the Retirement System as otherwise providedin G.S. 135‑4(y).

(b)        All benefitrecipients under the former Disability Salary Continuation Plan provided for inG.S. 135‑34 and the rules adopted thereto shall become beneficiariesunder this Plan under the same provisions and conditions including the benefitamounts payable as were provided under the former Disability SalaryContinuation Plan.  Any benefit recipient under the former Disability SalaryContinuation Plan who returns to service on or after January 1, 1988, whosubsequently becomes disabled due to the same disabling condition within 90days after restoration to service shall not become a participant of theDisability Income Plan but shall be entitled to a restoration of the disabilitybenefit under the same provisions and conditions, including the benefit amountspayable, as were provided under the former Disability Salary Continuation Plan,and shall be entitled to make application for disability retirement benefitsunder the Retirement System under the same provisions and conditions as wereprovided members whose service terminated prior to January 1, 1988.

(c)        Any person whoretired on a disability retirement allowance from the Teachers' and StateEmployees' Retirement System prior to the effective date of this Article shallbe entitled to apply for and receive any benefits that would have otherwisebeen provided under the Disability Salary Continuation Plan provided for inG.S. 135‑34 and shall become beneficiaries under this Plan, under thesame provisions and conditions, including the benefit amounts payable, as wereprovided under the former Disability Salary Continuation Plan. (1987,c. 738, s. 29(q); 1989, c. 717, s. 12.)