20 NCAC 02B .0508          FAILURE TO RESPOND

If a member fails to respond in any way within 90 days after preliminary option figures and Form 6‑E, Election of Benefits, are mailed, the Form 6, Application for Service, Early or Disability Retirement, will be null and void; the retirement system will not be liable for any benefits due on account of the voided application and a new application must be filed establishing a subsequent effective date of retirement.  If an applicant for disability retirement fails to furnish requested additional medical information within 90 days following such request, the application will be declared null and void under the same conditions outlined above, unless the applicant is eligible for early or service retirement in which case the application will be processed accordingly, using the same effective date as would have been used had the application for disability retirement been approved.

 

History Note:        Authority G.S. 135‑5(a)(1); 135‑6(f);

Eff. February 1, 1976;

Readopted Eff. September 21, 1977.

Pursuant to G.S. 150B-33(b)(9), Administrative Law Judge Melissa Owens Lassiter declared Rule 20 NCAC 02B .0508 void as applied in Burton L. Russell v. Department of State Treasurer, Retirement Systems Division (03 DST 1715).