§ 7A-39.11. Retirement on account of total and permanent disability. - North Carolina Statutes

§ 7A‑39.11. Retirement on account of total and permanent disability.

Every justice of the Supreme Court or judge of the Court of Appeals whohas served for eight years or more on the Supreme Court, the Court of Appeals,or the superior court, or as Administrative Officer of the Courts, or in anycombination of these offices, and who while in active service becomes totallyand permanently disabled so as to be unable to perform efficiently the dutiesof his office, and who retires by reason of such disability, shall receive forlife compensation equal to two thirds of the annual salary from time to timereceived by the occupant or occupants of the office from which he retired. Indetermining whether a judge is eligible for retirement under this section, timeserved as district solicitor of the superior court prior to January 1, 1971,may be included. Whenever any justice or judge claims retirement benefits underthis section on account of total and permanent disability, the Governor andCouncil of State, acting together, shall, after notice and an opportunity to beheard is given the applicant, by a majority vote of said body, make findings offact from the evidence offered. Such findings of fact shall be reduced towriting and entered upon the minutes of the Council of State. The findings somade shall be conclusive as to such matters and determine the right of theapplicant to retirement benefits under this section. Justices and judgesretired under the provisions of this section are not subject to recall as emergencyjustices or judges. (1967, c. 108, s.1.)