State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_135 > GS_135-57

§ 135‑57.  Serviceretirement.

(a)        Any member on orafter January 1, 1974, who has attained his fiftieth birthday and five years ofmembership service may retire upon electronic submission or written applicationto the board of trustees setting forth at what time, as of the first day of acalendar month, not less than one day nor more than 120 days subsequent to theexecution and filing thereof, he desires to be retired.

(b)        Any member who is ajustice or judge of the General Court of Justice shall be automatically retiredas of the first day of the calendar month coinciding with or next following thelater of January 1, 1974, or his attainment of his seventy‑secondbirthday; provided, however, that no judge who is a member on January 1, 1974,shall be forced to retire under the provisions of this subsection at an earlierdate than the last day that he is permitted to remain in office under theprovisions of G.S. 7A‑4.20.

(c)        Any member whoterminates service on or after January 1, 1974, having accumulated five or moreyears of creditable service may retire under the provisions of subsection (a)above, provided that he shall not have withdrawn his accumulated contributionsprior to the effective date of his retirement, and the requirement ofsubsection (a) that the member be in service shall not apply.

(d)        Any member who wasin service October 8, 1981, who had attained 50 years of age, may retire uponelectronic submission or written application to the board of trustees settingforth at what time, as of the first day of a calendar month, not less than oneday nor more than 120 days subsequent to the execution and filing thereof, hedesires to be retired.  (1973, c. 640, s. 1; 1981, c. 378, s. 6; 1983, c. 761, s. 230; 1987,c. 513, s. 1; 1991 (Reg. Sess., 1992), c. 873, s. 2; 2007‑431, s. 4; 2009‑66,ss. 3(e), 12(i), (j).)