58-86-90. Exemptions of pensions from attachment; rights nonassignable.
Except for the applications of the provisions of G.S. 110-136, and in connection with a court-ordered equitable distribution under G.S. 50-20, the pensions provided are not subject to attachment, garnishments or judgments against the firefighter or rescue squad worker entitled to them, nor are any rights in the fund or the pensions or benefits assignable. Notwithstanding any provisions to the contrary, any overpayment of benefits or erroneous payments to a member in a State-administered retirement system, the Disability Salary Continuation Plan, or the Disability Income Plan of North Carolina, including any benefits paid to, or State Health Plan premiums or claims paid on behalf of, any member who is later determined to have been ineligible for those benefits or unentitled to those amounts, may be offset against any retirement allowance, return of contributions, or any other right accruing under this Article to the same person, the person's estate, or designated beneficiary. (1957, c. 1420, s. 1; 1959, c. 1212, s. 1; 1969, c. 486; 1981, c. 1029, s. 1; 1985, c. 402; 1989, c. 792, s. 2.1; 2013-284, s. 1(a); 2017-129, s. 1(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 86 - North Carolina Firefighters' and Rescue Squad Workers' Pension Fund.
§ 58-86-1 - Fund established; administration by board of trustees; rules and regulations.
§ 58-86-6 - Firefighters' and Rescue Squad Workers' Pension Fund Advisory Panel.
§ 58-86-10 - Powers and duties of the board.
§ 58-86-11 - Powers and duties of the advisory panel.
§ 58-86-25 - Determination and certification of eligible firefighters.
§ 58-86-30 - Determination and certification of "eligible rescue squad worker."
§ 58-86-45 - Additional retroactive membership.
§ 58-86-55 - Monthly pensions upon attaining the age of 55 years.
§ 58-86-60 - (See Note) Payments in lump sums.
§ 58-86-65 - Pro rata reduction of benefits when fund insufficient to pay in full.
§ 58-86-70 - Provisions subject to future legislative change.
§ 58-86-90 - Exemptions of pensions from attachment; rights nonassignable.