North Carolina § 120-4 - 25. Return of accumulated contributions.

§ 120-4. 25. Return of accumulated contributions.

If a member ceases to be a member of the General Assembly except by death or retirement, the member shall, upon submission of an application, be paid not earlier than 60 days following the date of termination of service the sum of the member's accumulated contributions provided the member has not in the meantime returned to service. Upon payment of this sum his or her membership in the System ceases. If the individual becomes a member afterwards, no credit shall be allowed for any service previously rendered except as provided in G.S. 120-4.14 and the payment shall be in full and complete discharge of any rights in or to any benefits otherwise payable under this Article. Upon receipt of proof satisfactory to the Board of Trustees of the death, prior to retirement, of a member or former member, there shall be paid to the person or persons the member or former member nominated by electronic submission in a form approved by the Board of Trustees or by written designation duly acknowledged and filed with the Board of Trustees, if the person or persons are living at the time of the member's death, otherwise to the member's legal representatives, the amount of the member's accumulated contributions at the time of the member's death, unless the beneficiary elects to receive the alternate benefit under the provisions of G.S. 120-4.28. History (1983, c. 761, s. 238; 1983 (Reg. Sess., 1984), c. 1034, s. 197; 1987, c. 738, s. 31(e); 1993, c. 531, s. 1; 2009-66, s. 11(k); 2014-88, s. 2(c); 2017-129, s. 3(f).) Effect of Amendments. - Session Laws 2009-66, s. 11(k), effective July 1, 2009, inserted "electronic submission prior to completing 10 years of service in a form approved by the Board of Trustees or by" in the last sentence. Session Laws 2014-88, s. 2(c), effective January 1, 2015, substituted "the sum of his accumulated contributions" for "the sum of his contributions if he has less than five years of creditable service, or the sum of his accumulated contributions if he has five or more years of creditable service" in the first sentence of the section. Session Laws 2017-129, s. 3(f) effective January 1, 2018, made gender-neautralizing changes throughout, and deleted "prior to completing 10 years of service" following "electronic submission" in the last sentence.