NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 511

SENATE BILL 22

 

 

AN ACT TO AMEND CHAPTER 135 OF THE GENERAL STATUTES OF NORTH CAROLINA TO EXTEND DEATH BENEFIT COVERAGE TO NINETY DAYS FOR TERMINATED STATE EMPLOYEES WITH ONE YEAR'S SERVICE AND TO ONE YEAR FOR CERTAIN DISABLED RETIRED STATE EMPLOYEES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 135-5(1) is hereby amended by deleting the following sentence in the first paragraph of this subsection:

"For the purposes of this subsection (1), a member shall be deemed to be in service at the date of his death if his last day of actual service occurred no more than 90 days before the date of his death.", and substituting in lieu thereof the following sentence:

"For the purposes of this subsection (1), a member shall be deemed to be in service at the date of his death if his last day of actual service occurred not more than 90 days before the date of his death or if his last day of actual service occurred not more than 366 days before the date of his death if such member during said one-year period had applied for and was entitled to receive a disability retirement allowance, provided said disability retirement allowance had not been discontinued or revoked during said one-year period."

Sec. 2.  G.S. 135-5(1) as it appears in the 1974 replacement Volume 3B of the General Statutes is hereby amended by removing the semicolon at the end of line 13 and inserting in lieu thereof a comma followed by the word "or" and adding a new item, "(3)" to read as follows:

"(3)      If the member had applied for and was entitled to receive a disability retirement allowance and such disability retirement allowance had not been discontinued or revoked within 366 days of his last date of actual service, the compensation on which contributions were made by the member during the 12-month period ending on the last day of the month preceding the month in which his last day of actual service occurred."

Sec. 3.  This act shall become effective upon ratification but shall apply only to members of the Retirement System whose deaths occur after said ratification.

In the General Assembly read three times and ratified, this the 10th day of June, 1975.