North Carolina § 135-10 - 1. Failure to respond.

§ 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. History (2005-91, s. 4; 2009-66, s. 4(b); 2010-72, s. 6(a); 2016-108, s. 3(a).) Effect of Amendments. - Session Laws 2009-66, s. 4(b), effective July 1, 2009, in the first sentence, substituted "the Form 6-E are mailed, the Form 6 shall" for "Form 6-E, Election of Benefits, are mailed, the Form 6, Application for Service, Early, or Disability Retirement, shall", and added the last sentence. Session Laws 2010-72, s. 6(a), effective July 1, 2010, in the first sentence, substituted "respond within 120 days" for "respond in any way within 90 days" and substituted "Form 6-E or Form 7-E are mailed, or if a member fails to respond within 120 days after the effective date of retirement, whichever is late, the Form 6 or Form 7 shall" for "Form 6-E are mailed, the Form 6 shall"; and, in the last sentence, substituted "120-day limitation" for "90-day limitation." Session Laws 2016-108, s. 3(a), effective July 22, 2016, in the first sentence, substituted "transmitted to the member" for "mailed."