NC General Statutes

N.C. Gen. Stat. § 135-104 (2026)

Salary continuation

✓ current as of July 2026

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(a) A participant shall receive no benefits from the Plan for a period of 60 continuous calendar days from the onset of disability determined as the last actual day of service, the day of the disabling event if the disabling event occurred on a day other than a normal workday, or the day succeeding at least 365 calendar days after service as a teacher or employee, whichever is later. These 60 continuous calendar days may be considered the waiting period before benefits are payable from the Plan. During this waiting period, a participant may be paid such continuation of salary as provided by an employer through the use of sick leave, vacation leave or any other salary continuation. Any such continuation of salary as provided by an employer shall not include any period a participant or beneficiary is in receipt of Workers' Compensation benefits.

(b) During the waiting period a participant may return to service for trial rehabilitation for periods of not greater than five continuous days of service. Such return to service will not cause a new waiting period to begin but shall extend the waiting period by the number of days of service. (1987, c. 738, s. 29(q); 1989, c. 717, s. 9; 1991 (Reg. Sess., 1992), c. 779, s. 2.)

Notes of Decisions

Cited in 2 cases, 1995–2017 · leading case: Williams v. N.C. Dep't of Econ. & Cmty. Dev., 458 S.E.2d 750 (N.C. Ct. App. 1995).

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Williams v. N.C. Dep't of Econ. & Cmty. Dev., 458 S.E.2d 750 (N.C. Ct. App. 1995). · cites it 8× “Following the waiting period, the employee may begin to receive short-term disability benefits for a period of 365 days, or “may elect to receive any salary continuation as provided in G.S. 135-104 in lieu of short-term disability benefits .”

Trejo v. NC Dep't of State Treasurer Ret. Sys. Div., 808 S.E.2d 163 (N.C. Ct. App. 2017). “upon the completion of four years from the conclusion of the waiting period as provided in G.S. 135-104, the *393 beneficiary's benefit shall be reduced by an amount .”

— N.C. Gen. Stat. § 135-104(a) — 1 case

Williams v. N.C. Dep't of Econ. & Cmty. Dev., 458 S.E.2d 750 (N.C. Ct. App. 1995). “Following the waiting period, the employee may begin to receive short-term disability benefits for a period of 365 days, or “may elect to receive any salary continuation as provided in G.S. 135-104 in lieu of short-term disability benefits .”

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