135-10.1. Failure to respond.
If a member fails to respond within 120 days after preliminary option figures and the Form 6-E or Form 7-E are transmitted to the member, or if a member fails to respond within 120 days after the effective date of retirement, whichever is later, the Form 6 or Form 7 shall be null and void; the retirement system shall 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 shall 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 shall be processed accordingly, using the same effective date as would have been used had the application for disability retirement been approved. The Director of the Retirement Systems Division, acting on behalf of the Board of Trustees, may extend the 120-day limitation provided for in this section when a member has suffered incapacitation such that a reasonable person would not have expected the member to be able to complete the required paperwork within the regular deadline, or when an omission by the Retirement Systems Division prevents the member from having sufficient time to meet the regular deadline. (2005-91, s. 4; 2009-66, s. 4(b); 2010-72, s. 6(a); 2016-108, s. 3(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 1 - Retirement System for Teachers and State Employees.
§ 135-1 - Definitions[Effective until January 1, 2023]
§ 135-1.1 - Licensing and examining boards.
§ 135-2 - Name and date of establishment.
§ 135-4.1 - Reciprocity of creditable service with other State-administered retirement systems.
§ 135-5.1 - Optional retirement program for The University of North Carolina.
§ 135-5.4 - Optional retirement program for State-funded community colleges.
§ 135-5.5 - Inactive employers.
§ 135-6.1 - Member retirement record files held by the Retirement System.
§ 135-7 - Management of funds.
§ 135-8 - Method of financing.
§ 135-10 - Protection against fraud.
§ 135-10.1 - Failure to respond.
§ 135-11 - Application of other pension laws.
§ 135-12 - Obligation of maintaining reserves and paying benefits.
§ 135-16.1 - Blind or visually impaired vendors.
§ 135-17 - Facility of payment.
§ 135-18.4 - Reservation of power to change.
§ 135-18.6 - Termination or partial termination; discontinuance of contributions.
§ 135-18.7 - Internal Revenue Code compliance.
§ 135-18.8 - Deduction for payments allowed.
§ 135-18.10B - Prohibition on purchase of forfeited service.
§ 135-18.11 - Improper receipt of decedent's retirement allowance.