§ 127A-40. Pensions for the members of the North Carolina National Guard. - North Carolina Statutes

§ 127A‑40.  Pensions forthe members of the North Carolina National Guard.

(a)        Every member andformer member of the North Carolina National Guard who meets the requirementshereinafter set forth shall receive, commencing at age 60, a pension of ninety‑fivedollars ($95.00) per month for 20 years' creditable military service with anadditional nine dollars fifty cents ($9.50) per month for each additional yearof such service; provided, however, that the total pension shall not exceed onehundred ninety dollars ($190.00) per month. The requirements for such pensionare that each member shall:

(1)        Have served andqualified for at least 20 years' creditable military service, includingNational Guard, reserve and active duty, under the same requirement specifiedfor entitlement to retired pay for nonregular service under Chapter 67, Title10, United States Code.

(2)        Have at least 15years of the aforementioned service as a member of the North Carolina NationalGuard.

(3)        Have received anhonorable discharge from the North Carolina National Guard.

(b)        Payment to aretired member of the North Carolina National Guard under the provisions ofthis section will cease at the death of the individual and no payment will bemade to beneficiaries or to the decedent's estate, except that the legalrepresentative of a retired member who dies shall be entitled to a full checkfor the month in which the death occurred.

(c)        No individualreceiving retired pay as a result of length of service, age or physicaldisability retirement from any of the regular components of the armed forces ofthe United States will be eligible for benefits under this section.

(d)        Nothing containedin this section shall preclude or in any way affect the benefits that anindividual may be entitled to from State, federal or private retirementsystems.

(e)        Repealed by SessionLaws 1989, c. 792, s. 2.3.

(f)         The Secretary ofCrime Control and Public Safety shall determine the eligibility of guardmembers for the benefits herein provided and shall certify those eligible tothe State Treasurer. In addition, the Department of Crime Control and PublicSafety shall, on and after July 1, 1983, provide the Department of StateTreasurer with an annual census population, by age and the number of years ofcreditable service, for all former members of the National Guard in receipt ofa pension as well as for all active members of the National Guard who are notin receipt of a pension and who have seven and more years of creditableservice. The Department of Crime Control and Public Safety shall also providethe State Treasurer a census population of all former members of the NationalGuard who are not in receipt of a pension and who have 15 and more years ofcreditable service. The Department of State Treasurer shall make pensionpayments to those persons certified from the North Carolina National GuardPension Fund, which shall include general fund appropriations made to theDepartment of State Treasurer. The Department of State Treasurer shall haveperformed an annual actuarial valuation of the fund and shall have thefinancial responsibility for maintaining the fund on a generally acceptedactuarial basis. The Department of Crime Control and Public Safety shallprovide the Department of State Treasurer with whatever assistance is requiredby the State Treasurer in carrying out his financial responsibilities.

(g)        The provisions ofthis section shall apply to any member or former member of the North CarolinaNational Guard who is qualified for the above retirements with eligibility ofsuch person commencing at age 60 or July 1, 1974, whichever is the later date.

(h)        If, for any reason,the North Carolina National Guard Pension Fund shall be insufficient to pay infull any pension benefits, or other charges, then all benefits or paymentsshall be reduced pro rata, for as long as the deficiency in amount exists. Noclaim shall accrue with respect to any amount by which a pension or benefitpayment shall have been reduced.

(h1)      Any member or formermember of the North Carolina National Guard who is qualified for benefits underthis section and who is a member of a domiciled employees' or retirees'association that has at least 2,000 members, the majority of whom are active orretired employees of the State or public school employees, may authorize, inwriting, the periodic deduction from the member's retirement benefits adesignated lump sum to be paid to the employees' or retirees' association. Theauthorization shall remain in effect until revoked by the member. A plan ofdeductions pursuant to this subsection shall become void if the employees' orretirees' association engages in collective bargaining with the State, anypolitical subdivision of the State, or any local school administrative unit.

(i)         Pensions formembers of the North Carolina National Guard shall be subject to futurelegislative change or revision.  (1973, c. 625, s. 1; c. 1241, ss. 1‑3; 1975, c.604, s. 2; 1977, c. 70, s. 2; 1979, c. 870; 1983, c. 761, ss. 250, 251; 1989,c. 792, s. 2.3; 2002‑126, s. 6.4(g); 2005‑276, s. 29.27; 2006‑66,s. 22.20; 2007‑323, s. 28.21A; 2009‑66, s. 10; 2009‑281, s.1; 2009‑451, s. 26.21.)