North Carolina Administrative Code

20 NCAC 02L .0202 RETIRED MEMBERS History Note: Authority G.S. 143-166.60; Eff. August 1, 1983; Repealed Eff. March 1, 2023.

SECTION .0300 - BENEFITS 20 NCAC 02L .0301 DEATH BENEFITS History Note: Authority G.S. 143-166.60; Eff. August 1, 1983; Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.

20 NCAC 02L .0302 ACCIDENT AND HOSPITAL BENEFITS History Note: Authority G.S. 143-166.60; Eff. August 1, 1983; Repealed Eff. March 1, 2023.

SUBCHAPTER 02M - CONTRIBUTORY DEATH BENEFIT FOR RETIRED MEMBERS SECTION .0100 - DEFINITIONS AND GENERAL PROVISIONS 20 NCAC 02M .0101 DEFINITIONS The following definitions apply to the Contributory Death Benefit for Retired Members: (1) "Retired member" shall mean a former teacher…

20 NCAC 02M .0102 AGENCY AND AUTHORITY OF DIRECTOR (a) The mailing address for the Contributory Death Benefit for Retired Members is the Retirement Systems Division, Department of State Treasurer, 3200 Atlantic Avenue, Raleigh, North Carolina 27604. (b) The Director of the Retire…

20 NCAC 02M .0103 CONTRIBUTORY DEATH BENEFIT TRUST FOR RETIRED MEMBERS (a) A trust entitled the Contributory Death Benefit Trust for Retired Members shall be established for the purpose of collecting all member contributions, investment of contributions, and payment of benefits a…

20 NCAC 02M .0104 TIME AND DATE History Note: Authority G.S. 120-4.10; 120-4.27; 128-27(12); 128-28(g); 135-5(1); 135-6(f); 135-64(g); Eff. April 1, 1989; Repealed Eff. March 1, 2023.

SECTION .0200 - ELECTION AND CANCELLATION OF COVERAGE 20 NCAC 02M .0201 ELIGIBILITY TO ELECT COVERAGE (a) A retired member in receipt of a monthly retirement allowance as a former teacher, employee, or official of more than one of the Retirement Systems is eligible to elect cover…

20 NCAC 02M .0202 WHEN FIRST ELIGIBLE A retired member's eligibility to make an election for coverage is based on the following: (1) If retired on or before June 1, 1988, the words "when first eligible" to make an election for coverage will mean 60 days from July 1, 1988 or no la…

20 NCAC 02M .0203 FORM OF ELECTION A retired member's election must be made on a Notice of Election form as provided by the Retirement Systems Division or in lieu thereof by written notice clearly stating the election of the retired member and providing all information necessary …

20 NCAC 02M .0204 EFFECTIVE DATE OF COVERAGE Coverage under the Contributory Death Benefit for Retired Members is not to be delayed beyond the 60 days from the effective date of retirement or if retired prior to July 1, 1988, not beyond September 1, 1988 and shall become effectiv…

20 NCAC 02M .0205 CANCELLATION OF COVERAGE Cancellation of coverage under the Contributory Death Benefit for Retired Members shall be: (1) By written notice of cancellation of coverage to the Board of Trustees with cancellation of coverage becoming effective : (a) the first day o…

20 NCAC 02M .0206 REINSTATEMENT Upon cancellation of coverage under Rule .0205 of this Section, coverage cannot be reinstated, nor can a retired member reapply for coverage. History Note: Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-27(l3); 128-27(l4); 128-27(l5); 128-27(l6…

SECTION .0300 - CONTRIBUTIONS AND BENEFITS 20 NCAC 02M .0301 CONTRIBUTION RATES (a) The monthly contribution rates shall be established by resolution of the Boards of Trustees as recommended by the consulting actuary. The consulting actuary in making a recommended schedule of mon…

20 NCAC 02M .0302 MEMBER CONTRIBUTION (a) The monthly contribution rate paid by a member shall be based on the member's nearest age as of the effective date of coverage and the applicable rates as of that date as set by the Boards of Trustees and will remain the same as long as t…

20 NCAC 02M .0303 PAYMENT OF CONTRIBUTION (a) The monthly contributions of members covered under the Contributory Death Benefit for Retired Members are to be paid monthly to the Contributory Death Benefit Trust for Retired Members beginning in the month in which coverage becomes …

20 NCAC 02M .0304 AMOUNT OF BENEFIT PAYABLE History Note: Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-28(g); 135-5(l); 135-6(f); 135-64(g); Eff. February 1, 1989; Repealed Eff. March 1, 2023.

20 NCAC 02M .0305 PAYMENT OF INTEREST ON BENEFIT The following shall apply to interest payable on the monthly contributions of a member where the member's death occurs prior to the first day of the month following the 24th month of coverage: (1) The annual rate of interest shall …

20 NCAC 02M .0306 PAYMENT OF BENEFIT Upon the death of a member, a certified death certificate and such other documentation as deemed necessary in order to initiate payment of the death benefit is to be furnished by the member's spouse or legal representative if not survived by a…

20 NCAC 02M .0307 BENEFITS PAYABLE AFTER CANCELLATION Should death of a former member occur on or after the effective date of cancellation of coverage, benefits under the Contributory Death Benefit for Retired Members shall not be due and shall not be payable. History Note: Autho…

20 NCAC 02M .0308 REFUNDS (a) No refund of contributions or interest shall be made if coverage is cancelled by reason of non-payment of contributions or if written notice of cancellation is received 90 or more days after the effective date of coverage. (b) Refund of contributions…

20 NCAC 02N .0105 DEFINITIONS History Note: Authority G.S. 58-86-10; Eff. June 1, 1988; Recodified from 3 NCAC 3 Eff. May 1, 1993; Amended Eff. October 1, 1993; Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.

20 NCAC 02N .0106 OFFICE OF THE DIRECTOR The mailing and physical address of the Office of the Director of the Retirement Systems Division is Retirement Systems Division, Department of State Treasurer, 3200 Atlantic Avenue, Raleigh, North Carolina 27604. Office hours are from 8 a…

20 NCAC 02N .0107 BOARD OF TRUSTEES History Note: Authority G.S. 58-86-10; Eff. June 1, 1988; Recodified from 3 NCAC 3 Eff. May 1, 1993; Amended Eff. October 1, 1993; Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.

20 NCAC 02N .0108 DIVISIONAL RULES The following rules are hereby incorporated by reference including subsequent amendments to the rules: (1) Rules 20 NCAC 02A .0101, .0102, and .0103; (2) Sections 20 NCAC 02A .0200, .0300, and .0400; and (3) Rule 20 NCAC 02A .0504. History Note:…

20 NCAC 02N .0208 APPLYING FOR MEMBERSHIP (a) Only eligible firefighters or eligible rescue squad workers may join the pension fund. In order to join the pension fund they must complete the application for membership and return it to the office of the Director. (b) Applications f…

20 NCAC 02N .0215 MILITARY SERVICE (a) Any member who enters the armed forces may take a military leave of absence as provided by Paragraph (b) of this Rule, continue to receive service credit as provided by Paragraph (c) of this Rule, or withdraw from the pension fund and seek a…

20 NCAC 02N .0218 RETIREMENT BENEFITS History Note: Authority G.S. 58-86-10; 58-86-55; Eff. June 1, 1988; Recodified from 3 NCAC 3 Eff. May 1, 1993; Amended Eff. December 1, 1993; Repealed Eff. March 1, 2023.

20 NCAC 02N .0219 REFUNDS OF DECEASED MEMBERS' PAYMENTS In order to receive the lump sum payment for deceased members provided by G.S. 58-86-60(2) and (3), the person or persons entitled to such payment shall file with the office of the Director a death certificate and a letter r…

20 NCAC 02O .0104 SHORT-TERM DISABILITY AND EXTENDED SHORT-TERM DISABILITY APPROVALS (a) Only the Medical Board described in G.S. 135-6(k) shall have the authority to determine under G.S. 135-105(f) that an applicant is ineligible for benefits, or to determine under G.S. 135-105(…

20 NCAC 02O .0105 SHORT-TERM DISABILITY NOTIFICATION DATE (a) "Date of submission" means the date indicated on the Retirement Systems Division's hand-stamped postal mark if the submission is by mail or in person, the timestamp if the submission is by email, or the transmission da…

20 NCAC 02O .0106 EXTENDED SHORT-TERM DISABILITY APPLICATION DATE (a) "Date of submission" means the date indicated on the Retirement Systems Division's hand-stamped postal mark if the submission is by mail or in person, the timestamp if the submission is by email, or the transmi…

CHAPTER 03 - LOCAL GOVERNMENT COMMISSION SECTION .0100 - GENERAL PROVISIONS 20 NCAC 03 .0101 ORGANIZATION AND FUNCTIONS (a) The Local Government Commission operates as a division of the Department of the State Treasurer and is the state's agency charged with the duty of advising …

20 NCAC 03 .0102 DEFINITIONS The words and phrases defined in this Rule will have the meanings indicated when used in this Chapter, unless the context clearly requires another meaning: (1) Commission is the Local Government Commission. (2) Secretary is the Secretary of the Local …

20 NCAC 03 .0103 RULE-MAKING PROCEDURES (a) 20 NCAC 1F .0100 shall govern the issuance of rules by the Commission. (b) All correspondence shall be addressed to the Secretary at the mailing address of the Commission. History Note: Authority G.S. 150B-11; 159-3(f); Eff. February 1,…

20 NCAC 03 .0104 DECLARATORY RULES (a) 20 NCAC 1F .0200 shall govern the issuance of declaratory rules by the Commission. (b) All correspondence shall be addressed to the Secretary at the mailing address of the Commission. History Note: Authority G.S. 150B-11; 159-3(f); Eff. Febr…

20 NCAC 03 .0105 CONTESTED CASE PROCEDURES (a) 20 NCAC 1F .0300 shall govern the hearings and decisions in contested cases. (b) All correspondence shall be directed to the Secretary at the mailing address of the Commission. History Note: Authority G.S. 150B-11; 159-3(f); Eff. Feb…

20 NCAC 03 .0106 ADDITIONAL REQUIREMENTS The Commission or the secretary may, at any time, require from any party alleging a specific interest in an issue additional information, conference or documents when such additional information, conferences or documents will, in their opi…

20 NCAC 03 .0107 OTHER REQUESTS FOR ACTION (a) This Rule applies in all cases for which specific procedures are not provided elsewhere in this Chapter. (b) All requests for action shall be addressed to the Secretary at the mailing address of the Commission. (c) Each request for a…

20 NCAC 03 .0108 STATUS OF MEMORANDA: STATEMENTS AND PUBLICATIONS (a) The Commission may from time to time issue memoranda, statements and publications for the guidance of local officials and other interested parties. These documents are intended to be explanatory in nature, and …

20 NCAC 03 .0109 ENFORCEMENT PROCEDURES (a) This Rule shall apply to all enforcement proceedings of the commission under the provisions of Chapter 159 of the General Statutes, including, but not necessarily limited to, G.S. 159-26(c), G.S. 159-33, G.S. 159-36, G.S. 159-37, G.S. 1…

20 NCAC 03 .0110 MAILING LISTS (a) The Commission shall maintain the following mailing lists: (1) potential bidders for bonds and notes of governmental units, (2) active governmental units, (3) certified public accountants currently performing audits for governmental units. (b) T…

20 NCAC 03 .0111 SETTING FEES ON REVENUE BOND APPROVALS (a) Fees shall be collected for all actions of the Commission in connection with the approval or denial of bonds or notes, or other participation in the sale, award or delivery of bonds or notes except general obligation bon…

20 NCAC 03 .0112 FEES (a) The following fees shall be charged for services rendered or to be rendered for each category of bonds and notes set forth: (1) Bonds sold pursuant to G.S. 159D, Article 2 $12,500.00 (2) Bonds sold pursuant to G.S. 131A $ 8,750.00 (3) Bonds sold pursuant…

SECTION .0200 - APPROVAL OF DEBT OBLIGATIONS 20 NCAC 03 .0201 LIMITS OF RULES: STATUTORY CONTROLS History Note: Authority G.S. 159-3(f); Eff. February 1, 1976; Readopted Eff. September 23, 1977; Repealed Eff. April 1, 1985.

20 NCAC 03 .0202 APPROVAL OF GENERAL OBLIGATION BONDS (a) The Secretary may require the governing body and other policy-making officials of the governmental unit to attend a preliminary conference to consider the proposed bond issue. The agenda of a preliminary conference, if hel…

20 NCAC 03 .0203 ADDITIONAL DOCUMENTS TO BE FILED Each governmental unit for which bonds have been approved shall submit to the Commission copies of all documents required to be submitted to the bond counsel of the unit in connection with the sale of the approved bonds. History N…

20 NCAC 03 .0204 APPROVAL OF REVENUE BONDS (a) If a governmental unit wishes to apply for approval of a revenue bond issue, the officials of the unit should arrange a preliminary conference with the staff of the Commission. (b) At the preliminary conference the following matters …

20 NCAC 03 .0205 APPROVAL OF TAX ANTICIPATION NOTES (a) Applications shall be filed on forms designated by the Secretary for this purpose. (b) The governmental unit shall submit all documents relating to the application which are requested by the Secretary. (c) The Commission may…

20 NCAC 03 .0206 APPROVAL OF REVENUE ANTICIPATION NOTES (a) If a governmental unit wishes to apply for approval of revenue anticipation notes, the officials of the unit shall arrange a conference with the staff of the Commission. The Secretary may waive the requirement for a prel…