State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_135 > GS_135-28

§135‑28.  Transfer of members to employment covered by the North CarolinaLocal Governmental Employees' Retirement System.

(a)        Any member whoseservices as a teacher or State employee are terminated for any reason otherthan retirement or death, who, while his account remains active, becomesemployed by an employer participating in the North Carolina Local GovernmentalEmployees' Retirement System or an employer which brings its employees intoparticipation in said System while his account is active, may elect to leavehis total accumulated contributions in the Teachers' and State Employees'Retirement System during the period he is in the employment of such employer,or his account remains active in the local system. This subsection shall beeffective retroactively as well as prospectively.

(b)        Any such membershall retain all the rights, credits and benefits obtaining to him under thisRetirement System at the time of such transfer while he is a member of thelocal system and does not withdraw his contributions hereunder and in addition,he shall be granted membership service credits under this Retirement System onaccount of the period of his membership in the local system for the purpose ofincreasing his years of creditable service hereunder in order to meet anyservice requirements of any retirement benefit under this Retirement Systemand, if he is a member in service under the local system, he shall be deemed tobe a member in service under this Retirement System if so required by suchbenefit: Provided, however, that in lieu of transfer of funds from oneretirement system to another, such member who is eligible for retirementbenefits shall file application therefor with each retirement system to the endthat each retirement system shall pay appropriate benefits without transfer offunds between the systems.

(c)        Any member whobecame or becomes employed by an employer of the North Carolina LocalGovernmental Employees' Retirement System as provided in (a) above shall beentitled to waive the provisions of (b) above and to transfer to the localsystem his credits for membership and prior service in this System providedsuch member shall request this System to transfer his accumulatedcontributions, interest and service credits to the local system. If suchrequest is made, in addition to the member's accumulated contributions,interest and service credits, there shall be transferred to the local systemthe amount of reserve held in this System as a result of previous employercontributions on behalf of the transferring employee. (1953,c. 1050,  s. 2; 1961, c. 516, s. 6; 1965, c. 780, s. 1; 1971, c. 117, ss. 16,18; 1973, c. 241, s. 12.)