20 NCAC 02B .0213          DISABILITY RETIREMENT ALLOWANCE DEFINED

A member shall be deemed to have been "entitled to receive a disability retirement allowance" if a proper application for disability retirement allowance was received before his death, if he had five or more years of creditable service, if the medical board, after a medical examination of such member pursuant to G.S. 135‑5(c), shall certify that such member was mentally or physically incapacitated for the further performance of duty, that such incapacity was incurred at the time of active employment and was continuous thereafter, that such incapacity was likely to be permanent, and that such member should be or should have been retired, and if all other requirements for disability retirement pursuant to G.S. 135‑5(c) had been met except that the member need not live to the actual date of retirement.

 

History Note:        Authority G.S. 135‑5(1)(3);

Eff. October 29, 1979.