North Carolina § 135-57 - Service retirement.

§ 135-57. Service retirement.

Any member on or after January 1, 1974, who has attained his fiftieth birthday and five years of membership service may retire upon electronic submission or written application to the board of trustees setting forth at what time, as of the first day of a calendar month, not less than one day nor more than 120 days subsequent to the execution and filing thereof, he desires to be retired. Repealed by Session Laws 2014-88, s. 3(h), effective July 30, 2014. Any member who is a justice or judge of the General Court of Justice shall be automatically retired as of the first day of the calendar month coinciding with or next following the later of January 1, 1974, or his attainment of his seventy-second birthday; provided, however, that no judge who is a member on January 1, 1974, shall be forced to retire under the provisions of this subsection at an earlier date than the last day that he is permitted to remain in office under the provisions of G.S. 7A-4.20. Any member who terminates service on or after January 1, 1974, having accumulated five or more years of creditable service may retire under the provisions of subsection (a) above, provided that he shall not have withdrawn his accumulated contributions prior to the effective date of his retirement, and the requirement of subsection (a) that the member be in service shall not apply. Repealed by Session Laws 2014-88, s. 3(h), effective July 30, 2014. Any member who was in service October 8, 1981, who had attained 50 years of age, may retire upon electronic submission or written application to the board of trustees setting forth at what time, as of the first day of a calendar month, not less than one day nor more than 120 days subsequent to the execution and filing thereof, he desires to be retired. History (1973, c. 640, s. 1; 1981, c. 378, s. 6; 1983, c. 761, s. 230; 1987, c. 513, s. 1; 1991 (Reg. Sess., 1992), c. 873, s. 2; 2007-431, s. 4; 2009-66, ss. 3(e), 12(i), (j); 2011-232, s. 8; 2014-88, s. 3(h).) Effect of Amendments. - Session Laws 2007-431, s. 4, effective July 1, 2007, substituted "120 days" for "90 days" in subsection (a). Session Laws 2009-66, ss. 3(e), 12(i) and (j), effective July 1, 2009, in subsection (a), inserted "electronic submission or"; and, in subsection (d), inserted "electronic submission or" and substituted "120 days" for "90 days." Session Laws 2011-232, s. 8, effective August 1, 2011, inserted "who became a member prior to August 1, 2011, and" in subsection (a); added subsection (a1); inserted "and having become a member prior to August 1, 2011" in subsection (c); and added subsection (c1). Session Laws 2014-88, s. 3(h), effective July 30, 2014, deleted "who became a member prior to August 1, 2011, and" preceding "who has attained" in subsection (a); and deleted former (a1) and (c1); and deleted "and having become a member prior to August 1, 2011" preceding "may retire" in subsection (c).