State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_135 > GS_135-53

§ 135‑53.  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)        "Accumulatedcontributions" with respect to any member shall mean the sum of all theamounts deducted from the compensation of the member pursuant to G.S. 135‑68since he last became a member and credited to his account in the annuitysavings fund, plus any amount standing to his credit pursuant to G.S. 135‑67(c)as a result of a prior period of membership, plus any amounts credited to hisaccount pursuant to G.S. 135‑28.1(b) or 135‑56(b), together withregular interest on all such amounts computed as provided in G.S. 135‑7(b).

(2)        "Actuarialequivalent" shall mean a benefit of equal value when computed upon thebases of such mortality tables as shall be adopted by the Board of Trustees,and regular interest.

(2a)      "Average finalcompensation" shall mean the average annual compensation of a memberduring the 48 consecutive calendar months of membership service producing thehighest such average.

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

(4)        "Board ofTrustees" shall mean the Board of Trustees established by G.S. 135‑6.

(4a)      "Clerk ofsuperior court" shall mean the clerk of superior court provided for inG.S. 7A‑100(a).

(5)        "Compensation"shall mean all salaries and wages derived from public funds which are earned bya member of the Retirement System for his service as a justice or judge, ordistrict attorney, or clerk of superior court, or public defender, or theDirector of Indigent Defense Services. Effective July 1, 2009,"compensation" also means payment of military differential wages.

(6)        "Creditableservice" shall mean for any member the total of his prior service plus hismembership service.

(6a)      "Director ofIndigent Defense Services" shall mean the Director of Indigent DefenseServices as provided for in G.S. 7A‑498.6.

(6b)      "Districtattorney" shall mean the district attorney or solicitor provided for inG.S. 7A‑60.

(7)        "Filing"when used in reference to an application for retirement shall mean the receiptof an acceptable application on a form provided by the Retirement System.

(8)        "Final compensation"shall mean for any member the annual equivalent of the rate of compensationmost recently applicable to him.

(9)        "Judge"shall mean any justice or judge of the General Court of Justice and theadministrative officer of the courts.

(10)      "Medical board"shall mean the board of physicians provided for in G.S. 135‑6.

(11)      "Member"shall mean any person included in the membership of the Retirement System asprovided in this Article.

(12)      "Membershipservice" shall mean service as a judge, district attorney, clerk ofsuperior court, public  defender, or the Director of Indigent Defense Servicesrendered while a member of the Retirement System.

(13)      "Previoussystem" shall mean, with respect to any member, the retirement benefitprovisions of Article 6 and Article 8 of Chapter 7A of the General Statutes, tothe extent that such Article or Articles were formerly applicable to themember, and in the case of judges of the district court division, districtattorney, public defender, the Director of Indigent Defense Services, and andclerk of superior court of the General Court of Justice, the Teachers' andState Employees' Retirement System.

(14)      "Priorservice" shall mean service rendered by a member, prior to his membershipin the Retirement System, for which credit is allowable under G.S. 135‑56.

(14a)    "Publicdefender" means a public defender provided for in G.S. 7A‑498.7, theappellate defender provided for in G.S. 7A‑498.8, the capital defender,and the juvenile defender.

(15)      "Regularinterest" shall mean interest compounded annually at such a rate as shallbe determined by the Board of Trustees in accordance with G.S. 135‑7(b).

(16)      "Retirement"shall mean the withdrawal from active service with a retirement allowancegranted under the provisions of this Chapter. In order for a member'sretirement to become effective in any month, the member must render no serviceat any time during that month.

(17)      "Retirementallowance" shall mean the periodic payments to which a beneficiary becomesentitled under the provisions of this Article.

(18)      "RetirementSystem" shall mean the "Consolidated Judicial Retirement System"of North Carolina, as established in this Article.

(19)      "Year" asused in this Article shall mean the regular fiscal year beginning July 1 andending June 30 in the following calendar year, unless otherwise defined byregulation of the Board of Trustees.  (1973, c. 640, s. 1; 1983 (Reg. Sess., 1984), c.1031, ss. 5‑10; 1999‑237, s. 28.24(f); 2005‑276, s.29.30A(c); 2005‑345, s. 42; 2007‑323, s. 28.21B(c); 2008‑107,s. 26.24(c); 2009‑66, s. 6(g).)