§ 120-4.22. Disability retirement benefits. - North Carolina Statutes

§ 120‑4.22.  Disabilityretirement benefits.

(a)        Eligibility;Application. – Upon application by or on behalf of the member, any member inservice who has completed at least five years of creditable service and who hasnot reached his 60th birthday may, after medical certification, be retired on adisability retirement allowance by the Board of Trustees on the first day ofthe particular calendar month designated by the applicant. The designated dateshall be no less than one day nor more than 120 days from the filing of theapplication.

(b)        MedicalCertification. – After a medical examination of the member, the medical boardshall certify to the Board of Trustees that the member is mentally orphysically incapacitated for further performance of duty as a member of theGeneral Assembly, that the incapacity was incurred at the time of activeemployment and has been continuous thereafter, that the incapacity is likely tobe permanent and whether the member should be retired.

(c)        Computation. – Uponretirement for disability pursuant to subsection (a) of this section, a membershall receive a disability retirement allowance equal to a service retirementallowance calculated on the basis of the member's "highest annualsalary" and the creditable service he would have had by the age of 60 hadhe continued in service.

(d)        Limitations. – Inno event shall any member receive a disability retirement allowance greaterthan seventy‑five percent (75%) of his "highest annual salary". (1983, c. 761,s. 238; 1983 (Reg. Sess., 1984), c. 1034, ss. 195, 196; 1987, c. 513, s. 1; c.738, s. 31(d); 2001‑424, s. 32.30(c); 2009‑66, s. 3(l).)