State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_135 > GS_135-28_1

§135‑28.1.  Transfer of members to employment covered by the UniformJudicial Retirement System.

(a)        Any member whoseservice as a teacher or State employee is terminated other than by retirementor death and, who, while still a member of this Retirement System, becomes ajudge participating in the Uniform Judicial Retirement System, may elect toretain his membership in this Retirement System by not withdrawing hisaccumulated contributions hereunder. Any such member shall retain all therights, credits and benefits obtaining to him under this Retirement System atthe time of such termination of service hereunder while he is a member of theother system and does not withdraw his contributions hereunder.

(b)        The provisions ofthe preceding subsection to the contrary notwithstanding, with respect to eachjudge or former judge of the district court division of the General Court ofJustice who was a member of this Retirement System immediately prior to January1, 1974, and who becomes a member of the Uniform Judicial Retirement System onor after January 1, 1974, upon his commencement of membership in the othersystem there shall be paid in a lump sum to his account in the annuity savingsfund of the other system the amount of his accumulated contributions under thisSystem that are attributable to contributions made by him hereunder while ajudge of said district court division. Upon such payment, the member'saccumulated contributions hereunder shall be reduced by the amount of suchpayment and his period of creditable membership service shall be reduced by theperiod of service during which such repaid contributions were originally made.

Any member for whom thepayment of his accumulated contributions as herein provided reduces the balanceof his account in the annuity savings fund to zero and cancels his entireperiod of creditable service shall no longer be a member of this RetirementSystem.

In the case of any member whoretains his membership in this Retirement System after the payment hereinaboveprovided and who subsequently becomes eligible for retirement benefits underthis Retirement System or whose death results in benefit payments to anotherbeneficiary, the average final compensation used in the computation of theamount of any such benefits shall be computed as of the date of commencement ofhis membership in the other system on the same basis as if his retirement ordeath had occurred as of such date of commencement. Moreover, for the solepurpose of increasing his creditable service hereunder in order to meet anyapplicable service requirements for benefits hereunder, any such member shallbe granted membership service credits under this Retirement System on accountof (i) the period of membership service cancelled under the first paragraph ofthis subsection and (ii) the period of his membership in the other system solong as he remains a member hereunder and, if he is a member in service underthe other system, he shall be deemed to be a member in service under thisRetirement System if so required for any benefit hereunder.

(c)        Any member whobecomes eligible for benefits under both this Retirement System and the UniformJudicial Retirement System may file application therefor with each retirementsystem to the end that each retirement system shall pay appropriate benefitswithout transfer of funds between the systems except as otherwise provided insubsection (b) above.

(d)        The Board ofTrustees shall effect such rules as it may deem necessary to administer theprovisions of the preceding subsections of this section and to prevent anyduplication of service credits or benefits that might otherwise occur.

(e)        When any judge of adistrict court division of the General Court of Justice shall have madeapplication for disability retirement prior to January 1, 1974, while a memberof this Retirement System to become effective after January 1, 1974, and suchjudge died before January 1, 1974, and there was filed with the application fordisability retirement a statement by a physician that such judge was permanentlyand totally disabled, such person shall be deemed to have complied with allprovisions of this Retirement System as of the date of application fordisability retirement and no action of the medical board shall be necessary. Heshall be presumed to have chosen Option 2 as to retirement benefits andsurvivor's benefits shall commence immediately and shall also be paidretroactively to the first day of the calendar month following such judge'sdeath.

(f)         Notwithstandingthe provisions of subsections (a), (b), (c), (d), and (e) of this section, theaccumulated contributions and creditable service of any member whose service asa teacher or employee has been or is terminated other than by retirement ordeath and who, while still a member of this Retirement System, became orbecomes a member, as defined in G.S. 135‑53(11), of the ConsolidatedJudicial Retirement System for a period of five or more years may, uponapplication of the member, be transferred from this Retirement System to theConsolidated Judicial Retirement System. In order to effect the transfer of amember's creditable service from the Teachers' and State Employees' RetirementSystem to the Consolidated Judicial Retirement System, there shall betransferred from the Teachers' and State Employees' Retirement System to theConsolidated Judicial Retirement System the sum of (i) the accumulatedcontributions of the member credited in the annuity savings fund and (ii) theamount of reserve held in the Teachers' and State Employees' Retirement Systemas a result of previous contributions by the employer on behalf of thetransferring member. (1973, c. 640, s. 2; c. 1221; 1999‑237, s.28.24(b).)