NC General Statutes

N.C. Gen. Stat. § 135-112 (2026)

Transition provisions

✓ current as of July 2026
Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 135 CornellLII Search CasesGoogle Scholar

(a) Any participant in service as of the date of ratification of this Article and who becomes disabled after one year of membership service will be eligible for all benefits provided under this Article notwithstanding the requirement of five years' membership service to receive the long-term benefit; provided, however, any beneficiary who receives benefits as a result of this transition provision before completing five years of membership service shall receive lifetime benefits in lieu of service accruals under the Retirement System as otherwise provided in G.S. 135-4(y).

(b) All benefit recipients under the former Disability Salary Continuation Plan provided for in G.S. 135-34 and the rules adopted thereto shall become beneficiaries under this Plan under the same provisions and conditions including the benefit amounts payable as were provided under the former Disability Salary Continuation Plan.  Any benefit recipient under the former Disability Salary Continuation Plan who returns to service on or after January 1, 1988, who subsequently becomes disabled due to the same disabling condition within 90 days after restoration to service shall not become a participant of the Disability Income Plan but shall be entitled to a restoration of the disability benefit under the same provisions and conditions, including the benefit amounts payable, as were provided under the former Disability Salary Continuation Plan, and shall be entitled to make application for disability retirement benefits under the Retirement System under the same provisions and conditions as were provided members whose service terminated prior to January 1, 1988.

(c) Any person who retired on a disability retirement allowance from the Teachers' and State Employees' Retirement System prior to the effective date of this Article shall be entitled to apply for and receive any benefits that would have otherwise been provided under the Disability Salary Continuation Plan provided for in G.S. 135-34 and shall become beneficiaries under this Plan, under the same provisions and conditions, including the benefit amounts payable, as were provided under the former Disability Salary Continuation Plan. (1987, c. 738, s. 29(q); 1989, c. 717, s. 12.)

 

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2022 · leading case: Moss v. N.C. Dep't of State Treasurer (N.C. Ct. App. 2022).
Moss v. N.C. Dep't of State Treasurer (N.C. Ct. App. 2022). · cites it 4× “DEP’T OF STATE TREASURER 2022-NCCOA-206 Opinion of the Court N.C. Gen. Stat. § 135-112 (a) (1988). ¶ 18 Here, Plaintiffs were both employed as teachers for the State for at least one year, and thus, Plaintiffs qualified for long-term disability benefits.”
Moss v. N.C. Dep't of State Treasurer (N.C. Ct. App. 2022). · cites it 4× “DEP’T OF STATE TREASURER 2022-NCCOA-206 Opinion of the Court N.C. Gen. Stat. § 135-112 (a) (1988). ¶ 18 Here, Plaintiffs were both employed as teachers for the State for at least one year, and thus, Plaintiffs qualified for long-term disability benefits.”
— N.C. Gen. Stat. § 135-112(a) — 2 cases
Moss v. N.C. Dep't of State Treasurer (N.C. Ct. App. 2022). “DEP’T OF STATE TREASURER 2022-NCCOA-206 Opinion of the Court N.C. Gen. Stat. § 135-112 (a) (1988). ¶ 18 Here, Plaintiffs were both employed as teachers for the State for at least one year, and thus, Plaintiffs qualified for long-term disability benefits.”
Moss v. N.C. Dep't of State Treasurer (N.C. Ct. App. 2022). “DEP’T OF STATE TREASURER 2022-NCCOA-206 Opinion of the Court N.C. Gen. Stat. § 135-112 (a) (1988). ¶ 18 Here, Plaintiffs were both employed as teachers for the State for at least one year, and thus, Plaintiffs qualified for long-term disability benefits.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.