Title 20 NCAC — State Treasurer

title-2020 NCACRegulation

Open source

Chapter 01 Departmental Rules

Subchapter A

20 NCAC 01A .0101 General Information {#sec-20-ncac-01a-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01A .0101}

The following is general information about the Department of State Treasurer:

(1) The chief officer is the State Treasurer;

(2) The mailing address is 3200 Atlantic Avenue, Raleigh, North Carolina 27604; and

(3) The office is located in the Longleaf Building, 3200 Atlantic Avenue, Raleigh, North Carolina.

History

  • Authority G.S. 143A-30; 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Amended Eff. October 1, 2016.
20 NCAC 01A .0102 Purposes: Functions: Duties of the State Treasurer {#sec-20-ncac-01a-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01A .0102}

(a) The State Treasurer is responsible for the receipt, custody, and disbursement of all state funds and must see to their security and make certain that funds are available to meet all obligations of the state as they arise. Funds not immediately needed to meet current obligations must be invested according to law.

(b) In addition to being the official depository and investor for the state's funds, the State Treasurer is the state's fiscal consultant and manager of the public debt. He must aid all state agencies and institutions in the area of financial management.

(c) As manager of the state's public debt, the State Treasurer is one of the principal guardians of the public credit and has the duty to warn against unwise borrowing. Furthermore, the State Treasurer is charged with the duty of timing and planning the sale of bonds or notes as provided by the General Assembly and as approved by the Governor and Council of State.

(d) The powers and duties of the State Treasurer further extend to his ex officio membership and chairmanship by provision of the Constitution, on the Council of State (member) and Board of Education (member); and by act of the General Assembly, on the Banking Commission (chairman), Local Government Commission (chairman), the Tax Review Board (chairman), Teachers' and State Employee's Retirement System Board of Trustees (chairman), N.C. Local Governmental Employees' Retirement System Board of Trustees (chairman), Law Enforcement Officers' Benefit and Retirement Fund Board of Commissioners (chairman), Capitol Planning Commission (member), Capitol Building Authority (member) and the State Art Society (member), and the State Board of Community Colleges (member).

History

  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Amended Eff. December 1, 1982
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 01A .0103 Organizational Structure {#sec-20-ncac-01a-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01A .0103}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Amended Eff. December 1, 1982
  • Repealed Eff. July 1, 1987.
20 NCAC 01A .0104 Investment and Banking Division {#sec-20-ncac-01a-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01A .0104}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. September 15, 1977
  • Amended Eff. December 1, 1982
  • Repealed Eff. July 1, 1987.
20 NCAC 01A .0105 State and Local Government Finance Division {#sec-20-ncac-01a-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01A .0105}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. September 15, 1977
  • Amended Eff. December 1, 1982
  • Repealed Eff. July 1, 1987.
20 NCAC 01A .0106 Retirement Systems Division {#sec-20-ncac-01a-.0106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01A .0106}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. September 15, 1977
  • Amended Eff. December 1, 1982
  • Repealed Eff. July 1, 1987.
20 NCAC 01A .0107 Administrative Services Division {#sec-20-ncac-01a-.0107 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01A .0107}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. September 15, 1977
  • Amended Eff. December 1, 1982
  • Repealed Eff. July 1, 1987.

Subchapter B

20 NCAC 01B .0101 Budget: Purposes: Functions: Duties {#sec-20-ncac-01b-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01B .0101}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 01B .0102 Personnel: Purposes: Functions: Duties {#sec-20-ncac-01b-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01B .0102}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 01B .0103 Personnel: Affirmative Action Program {#sec-20-ncac-01b-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01B .0103}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 01B .0104 Personnel: Grievance Procedures {#sec-20-ncac-01b-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01B .0104}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 01B .0105 Disciplinary Action: Suspension: and Dismissal {#sec-20-ncac-01b-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01B .0105}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 01B .0106 Personnel: Major Source {#sec-20-ncac-01b-.0106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01B .0106}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 01B .0107 Personnel: Forms {#sec-20-ncac-01b-.0107 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01B .0107}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 01B .0108 Purchasing: Purpose: Functions: Duties {#sec-20-ncac-01b-.0108 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01B .0108}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. March 1, 1985.

Subchapter C

20 NCAC 01C .0101 Purposes: Functions: Duties {#sec-20-ncac-01c-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0101}

History

  • Status: repealed
  • Authority G.S. 147-68; 147-69.1
  • 147-77 to 147-79; 143A-31; 8-45.1 to -45.4
  • Eff. February 1, 1976
  • Repealed Eff. September 15, 1977.
20 NCAC 01C .0102 Disbursing Accounts {#sec-20-ncac-01c-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0102}

History

  • Status: repealed
  • Authority G.S. 147-68; 147-69.1
  • 147-77 to 147-79; 143A-31; 8-45.1 to -45.4
  • Eff. February 1, 1976
  • Repealed Eff. September 15, 1977.
20 NCAC 01C .0103 Records Maintained on Microfilm {#sec-20-ncac-01c-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0103}

History

  • Status: repealed
  • Authority G.S. 147-68; 147-69.1
  • 147-77 to 147-79; 143A-31; 8-45.1 to -45.4
  • Eff. February 1, 1976
  • Repealed Eff. September 15, 1977.
20 NCAC 01C .0104 Procedures for Demand Deposit Accounts of State Funds {#sec-20-ncac-01c-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0104}

History

  • Status: repealed
  • Authority G.S. 147-68; 147-69.1
  • 147-77 to 147-79; 143A-31; 8-45.1 to -45.4
  • Eff. February 1, 1976
  • Repealed Eff. September 15, 1977.
20 NCAC 01C .0105 Procedures for Interest-Bearing Certificates of Deposit {#sec-20-ncac-01c-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0105}

History

  • Status: repealed
  • Authority G.S. 147-68; 147-69.1
  • 147-77 to 147-79; 143A-31; 8-45.1 to -45.4
  • Eff. February 1, 1976
  • Repealed Eff. September 15, 1977.
20 NCAC 01C .0106 Survey Bonds and Collateral Securities {#sec-20-ncac-01c-.0106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0106}

History

  • Status: repealed
  • Authority G.S. 147-68; 147-69.1
  • 147-77 to 147-79; 143A-31; 8-45.1 to -45.4
  • Eff. February 1, 1976
  • Repealed Eff. September 15, 1977.
20 NCAC 01C .0107 Forms {#sec-20-ncac-01c-.0107 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0107}

History

  • Status: repealed
  • Authority G.S. 147-68; 147-69.1
  • 147-77 to 147-79; 143A-31; 8-45.1 to -45.4
  • Eff. February 1, 1976
  • Repealed Eff. September 15, 1977.
20 NCAC 01C .0201 Organization {#sec-20-ncac-01c-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0201}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. September 15, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 01C .0202 Procedural Rights {#sec-20-ncac-01c-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0202}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. September 15, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 01C .0301 Treasurer's Investments {#sec-20-ncac-01c-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0301}

History

  • Status: repealed
  • Authority G.S. 143A-31; 147-69.1
  • Eff. September 15, 1977
  • Repealed Eff. August 1, 1983.
20 NCAC 01C .0302 Interest Bearing Time Deposits {#sec-20-ncac-01c-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0302}

History

  • Status: repealed
  • Authority G.S. 143A-31; 147-69.1
  • Eff. September 15, 1977
  • Repealed Eff. August 1, 1983.
20 NCAC 01C .0303 Investments of Trust Funds {#sec-20-ncac-01c-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0303}

History

  • Status: repealed
  • Authority G.S. 143A-31; 147-69.1
  • Eff. September 15, 1977
  • Repealed Eff. August 1, 1983.
20 NCAC 01C .0401 Processing of Warrants {#sec-20-ncac-01c-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0401}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. September 15, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 01C .0402 Disbursing Accounts {#sec-20-ncac-01c-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0402}

(a) Disbursing accounts are maintained in a manner similar to regular checking accounts in commercial banks.

(b) All agencies for whom a disbursing account has been established are required to reconcile the monthly statements of the disbursing account within 15 days of the date of the statement.

(c) Stop payments are accepted only when submitted on the authorized form. At the sole discretion of the State Treasurer or his authorized representative, stop payments by phone may be accepted in critical situations, if the required form is submitted concurrently.

(d) The State Treasurer shall collect all alleged forgeries of state warrants, provided that the State Treasurer is notified of the forgery in a timely manner.

History

  • Authority G.S. 143A-31
  • Eff. September 15, 1977
  • Amended Eff. March 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 01C .0403 Records Maintained on Microfilm {#sec-20-ncac-01c-.0403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0403}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. September 15, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 01C .0404 Procedures for Demand Deposit Accounts of State Funds {#sec-20-ncac-01c-.0404 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0404}

(a) The State Treasurer or his authorized representative are the only persons authorized to designate a financial institution as the depository for a state agency. The criteria for designation of a depository are the safety of the deposits, minimum cost of the entire set of transactions to the state, and other factors unique to each request. The name of the demand deposit account shall be: "North Carolina State Treasurer."

(b) Each state agency, department or institution shall deposit exclusively either with the Operations Section of the Department or with a depository, as specifically instructed by the State Treasurer.

(c) The depository's regular deposit form shall be used and shall be headed as follows: "North Carolina State Treasurer, by (Name of State Agency)." This form which is supplied by the depository, is completed by the agency in duplicate.

(d) Official forms are prescribed for use by the agencies of the state to report funds deposited in a depository to the account of the State Treasurer. The form applicable to the funds deposited shall be completed by the depositing agency and shall be submitted in duplicate to the State Treasurer certifying that the total funds as indicated have been deposited in the depository to the account of the State Treasurer.

(e) If the depository does not collect an item that was previously included in a deposit and credited to the account of the State Treasurer, the returned item is to be forwarded by the depository as a "cash item" to the depositing agency with a request for direct and immediate reimbursement. The accounting procedures of the State Treasurer and the Director of the Budget will not permit charges to the account of the State Treasurer.

(f) If an error is discovered in the deposit, the depository's notice of correction shall be forwarded to the depositing agency with a duplicate copy to the State Treasurer.

(g) The periodic account statements of the depository shall be forwarded to the State Treasurer for audit and reconciliation purposes. The statement is required even though there may have been no activity in the account during the preceding month.

(h) All checks, drafts or money orders made payable to an agency, institution or department of the state shall be deposited to the account of the State Treasurer. Under no circumstances may an item be converted into cash. When an agency receives funds other than funds required by law to be deposited to the account of the State Treasurer, such funds shall be deposited in a separate deposit account to be administered by the depositing agency since such funds do not come under the jurisdiction of the State Treasurer.

History

  • Authority G.S. 147-78
  • Eff. September 15, 1977
  • Amended Eff. March 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Amended Eff. November 1, 2020.
20 NCAC 01C .0501 Surety Bonds and Collateral Securities {#sec-20-ncac-01c-.0501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0501}

History

  • Status: repealed
  • Authority G.S. 143A-31; 147-78; 147-79
  • Eff. September 15, 1977
  • Repealed Eff. August 1, 1983.
20 NCAC 01C .0502 Forms {#sec-20-ncac-01c-.0502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01C .0502}

History

  • Status: repealed
  • Authority G.S. 143A-31; 147-78; 147-79
  • Eff. September 15, 1977
  • Repealed Eff. August 1, 1983.

Subchapter D

20 NCAC 01D .0101 Organization and Purpose {#sec-20-ncac-01d-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0101}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0102 Filing Annual Report {#sec-20-ncac-01d-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0102}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0103 Forms {#sec-20-ncac-01d-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0103}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0104 Decedents' Estates {#sec-20-ncac-01d-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0104}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0105 Sample Reporting Organizations {#sec-20-ncac-01d-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0105}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0106 Statutory Holding Periods {#sec-20-ncac-01d-.0106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0106}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0107 Unclaimed Funds Held by Life Insurance Companies {#sec-20-ncac-01d-.0107 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0107}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0108 Publication; Persons with Escheated Property {#sec-20-ncac-01d-.0108 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0108}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0109 Statute of Limitations {#sec-20-ncac-01d-.0109 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0109}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0110 Balance Sheet Required of Certain Employers {#sec-20-ncac-01d-.0110 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0110}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0111 Disbursement of Income and Corpus {#sec-20-ncac-01d-.0111 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0111}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0112 Investment of Escheat Fund Corpus {#sec-20-ncac-01d-.0112 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0112}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0113 Release of Liability for Payment to the Escheat Fund {#sec-20-ncac-01d-.0113 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0113}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0114 Sale of Property Escheated {#sec-20-ncac-01d-.0114 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0114}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0115 Refund of Escheated Funds {#sec-20-ncac-01d-.0115 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0115}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0116 Refund of Life Insurance Funds {#sec-20-ncac-01d-.0116 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0116}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0117 Penalty for Failure to Make Reports {#sec-20-ncac-01d-.0117 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0117}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0118 Records {#sec-20-ncac-01d-.0118 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0118}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.
20 NCAC 01D .0119 Procedures and Rule-Making Authority {#sec-20-ncac-01d-.0119 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01D .0119}

History

  • Status: repealed
  • Authority G.S. 116A-1 through 116A-11
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. February 1, 1982.

Subchapter E

20 NCAC 01E .0101 Public Debt Management and Sale of State's Obligations {#sec-20-ncac-01e-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01E .0101}

History

  • Status: expired
  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01E .0102 Submission of Bids for Sale of Bonds and Notes {#sec-20-ncac-01e-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01E .0102}

History

  • Status: expired
  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01E .0103 Investments of Fund Balances and Trust Funds {#sec-20-ncac-01e-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01E .0103}

History

  • Status: repealed
  • Authority G.S. 147-69.1; 143A-31
  • Eff. February 1, 1976
  • Repealed Eff. September 15, 1977.
20 NCAC 01E .0104 Negotiated Sale of Bonds and Notes {#sec-20-ncac-01e-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01E .0104}

History

  • Status: expired
  • Authority G.S. 143A-31
  • Eff. September 15, 1977
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

Subchapter F

20 NCAC 01F .0101 Establishment of Procedural Rights {#sec-20-ncac-01f-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0101}

The following rule-making procedures are established for the Department of State Treasurer and are applicable to each division within the department unless a division has set out different rule-making procedures in its own rules, within this Title.

History

  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 01F .0102 Correspondence {#sec-20-ncac-01f-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0102}

History

  • Status: repealed
  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Repealed Eff. December 1, 2021.
20 NCAC 01F .0103 Petitioning for Rule-Making {#sec-20-ncac-01f-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0103}

History

  • Status: expired
  • Authority G.S. 143A-31; 150B-11; 150B-12; 150B-16; 116B-42
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Amended Eff. July 1, 1987
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0104 Notice of Rule-Making Hearing {#sec-20-ncac-01f-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0104}

History

  • Status: expired
  • Authority G.S. 143A-31; 150B-11; 150B-12; 150B-16; 116B-42
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Amended Eff. July 1, 1987
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0105 Location of Hearing {#sec-20-ncac-01f-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0105}

History

  • Status: expired
  • Authority G.S. 143A-31; 150B-11; 150B-12; 150B-16; 116B-42
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Amended Eff. July 1, 1987
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0106 Oral Presentation {#sec-20-ncac-01f-.0106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0106}

History

  • Status: expired
  • Authority G.S. 143A-31; 150B-11; 150B-12; 150B-16; 116B-42
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Amended Eff. July 1, 1987
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0107 Written Submission {#sec-20-ncac-01f-.0107 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0107}

History

  • Status: expired
  • Authority G.S. 143A-31; 150B-11; 150B-12; 150B-16; 116B-42
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Amended Eff. July 1, 1987
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0108 Presiding Officer {#sec-20-ncac-01f-.0108 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0108}

History

  • Status: expired
  • Authority G.S. 143A-31; 150B-11; 150B-12; 150B-16; 116B-42
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Amended Eff. July 1, 1987
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0109 Request for Statement of Reason {#sec-20-ncac-01f-.0109 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0109}

History

  • Status: expired
  • Authority G.S. 143A-31; 150B-11; 150B-12; 150B-16; 116B-42
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Amended Eff. July 1, 1987
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0110 Record of Proceedings {#sec-20-ncac-01f-.0110 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0110}

History

  • Status: expired
  • Authority G.S. 143A-31; 150B-11; 150B-12; 150B-16; 116B-42
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Amended Eff. July 1, 1987
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0111 Petition for Rulemaking {#sec-20-ncac-01f-.0111 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0111}

(a) All petitions requesting the adoption, amendment, or repeal of a rule shall be in writing and mailed to the attention of the Rulemaking Coordinator at the address specified in Rule 20 NCAC 01A .0101.

(b) The petition for rulemaking shall:

(1) contain the names and addresses of petitioners;

(2) identify the agency, board, or commission to whom the petition is directed for consideration; and

(3) for petitions to adopt or amend a rule, draft text of the proposed rule or amendment and a statement of the effect of the requested rule change.

(c) The petition may contain the following information:

(1) the reason for the proposal;

(2) anticipated cost factors; or

(3) any additional data supporting the petition.

(d) If the State Treasurer is the appropriate rulemaking body to consider the petition, within 30 days of submission of the petition, the State Treasurer, or deputy pursuant to G.S. 147-75, shall render a final decision. If the decision is to deny the petition, the petitioner shall be notified in writing, stating the reasons for the denial. If the decision is to grant the petition, written notice of the decision shall be provided as set forth in G.S. 150B-20(c) and rulemaking proceedings shall be initiated.

(e) If a board or commission within the Department of State Treasurer is the appropriate rulemaking body to consider the petition, the petition shall be forwarded to the chair of the board or commission. Within 120 days of submission of the petition, the board or commission shall render a final decision. If the decision is to deny the petition, the petitioner shall be notified by the board or commission in writing, stating the reasons for the denial. If the decision is to grant the petition, written notice of the decision shall be provided as set forth in G.S. 150B-20(c) and rulemaking proceedings shall be initiated.

History

  • Authority G.S. 150B-20
  • Eff. December 1, 2021.
20 NCAC 01F .0201 Establishment of Procedural Rights {#sec-20-ncac-01f-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0201}

The following declaratory ruling procedures are established for the Department of State Treasurer and are applicable to each division within the department, unless a division has set out different procedures concerning declaratory rulings in its own rules, within this Title.

History

  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 01F .0202 Requests for Ruling {#sec-20-ncac-01f-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0202}

History

  • Status: expired
  • Authority G.S. 150B-17
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0203 Form of Requests {#sec-20-ncac-01f-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0203}

History

  • Status: repealed
  • Authority G.S. 150B-17
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Repealed Eff. December 1, 2021.
20 NCAC 01F .0204 Who Makes Ruling {#sec-20-ncac-01f-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0204}

History

  • Status: repealed
  • Authority G.S. 150B-17
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Repealed Eff. December 1, 2021.
20 NCAC 01F .0205 Refusal {#sec-20-ncac-01f-.0205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0205}

History

  • Status: expired
  • Authority G.S. 150B-17
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0206 Issuance {#sec-20-ncac-01f-.0206 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0206}

History

  • Status: expired
  • Authority G.S. 150B-17
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0207 Ruling Procedures {#sec-20-ncac-01f-.0207 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0207}

History

  • Status: repealed
  • Authority G.S. 150B-17
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Repealed Eff. December 1, 2021.
20 NCAC 01F .0208 Declaratory Rulings {#sec-20-ncac-01f-.0208 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0208}

(a) All requests for declaratory rulings shall be in writing and mailed to the attention of the Rulemaking Coordinator at the address specified in Rule 20 NCAC 01A .0101.

(b) The request for declaratory ruling shall:

(1) contain the name and address of the requestor;

(2) identify the agency, board, or commission to whom the request is directed for consideration;

(3) identify the statute, rule, or order to which the request relates; and

(4) contain a statement of the manner in which the requestor is affected, or thinks that the requestor may be affected, by the statute, rule, or order and its application to the requestor.

(c) A decision to grant or deny a request for a declaratory ruling will be made by the State Treasurer, a deputy pursuant to G.S. 147-75, or board or commission within 30 days of receipt. The requestor shall be notified in writing of a decision to grant or deny the request.

(d) A request for declaratory ruling shall be denied by the State Treasurer, deputy, or appropriate board or commission if:

(1) the request does not meet the requirements set forth in this Rule;

(2) a declaratory ruling has previously been issued on same or similar facts;

(3) a controlling decision has already been issued on same or similar facts in a contested case;

(4) the facts underlying the request were considered at the time of adoption of the rule; or

(5) the subject matter of the request is involved in pending litigation.

(e) If the request is granted, the State Treasurer, deputy, or appropriate board or commission shall issue a written ruling within 45 days of the decision to grant the request.

History

  • Authority G.S. 150B-4
  • Eff. December 1, 2021.
20 NCAC 01F .0301 Procedures for Contested Cases {#sec-20-ncac-01f-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0301}

History

  • Status: expired
  • Authority G.S. 143A-31
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Amended Eff. August 1, 1988
  • Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0302 Request for a Contested Case Hearing {#sec-20-ncac-01f-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0302}

History

  • Status: repealed
  • Authority G.S. 143A-31; 150B-23; 150B-24; 150B-25; 150B-27; 150B-28; 150B-31; 150B-32; 150B-34; 150B-36; 1A-1, Rules 26-33
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 01F .0303 Notice {#sec-20-ncac-01f-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0303}

History

  • Status: repealed
  • Authority G.S. 143A-31; 150B-23; 150B-24; 150B-25; 150B-27; 150B-28; 150B-31; 150B-32; 150B-34; 150B-36; 1A-1, Rules 26-33
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 01F .0304 Waiver of Opportunity for a Hearing {#sec-20-ncac-01f-.0304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0304}

History

  • Status: repealed
  • Authority G.S. 143A-31; 150B-23; 150B-24; 150B-25; 150B-27; 150B-28; 150B-31; 150B-32; 150B-34; 150B-36; 1A-1, Rules 26-33
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 01F .0305 Hearing Officers in Contested Cases: Disqualifications {#sec-20-ncac-01f-.0305 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0305}

History

  • Status: repealed
  • Authority G.S. 143A-31; 150B-23; 150B-24; 150B-25; 150B-27; 150B-28; 150B-31; 150B-32; 150B-34; 150B-36; 1A-1, Rules 26-33
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 01F .0306 Place of Hearing {#sec-20-ncac-01f-.0306 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0306}

History

  • Status: repealed
  • Authority G.S. 143A-31; 150B-23; 150B-24; 150B-25; 150B-27; 150B-28; 150B-31; 150B-32; 150B-34; 150B-36; 1A-1, Rules 26-33
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 01F .0307 Intervention {#sec-20-ncac-01f-.0307 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0307}

History

  • Status: repealed
  • Authority G.S. 143A-31; 150B-23; 150B-24; 150B-25; 150B-27; 150B-28; 150B-31; 150B-32; 150B-34; 150B-36; 1A-1, Rules 26-33
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 01F .0308 Failure to Appear {#sec-20-ncac-01f-.0308 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0308}

History

  • Status: repealed
  • Authority G.S. 143A-31; 150B-23; 150B-24; 150B-25; 150B-27; 150B-28; 150B-31; 150B-32; 150B-34; 150B-36; 1A-1, Rules 26-33
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 01F .0309 Written Answers to Notice {#sec-20-ncac-01f-.0309 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0309}

History

  • Status: repealed
  • Authority G.S. 143A-31; 150B-23; 150B-24; 150B-25; 150B-27; 150B-28; 150B-31; 150B-32; 150B-34; 150B-36; 1A-1, Rules 26-33
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 01F .0310 Simplification of Issues {#sec-20-ncac-01f-.0310 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0310}

History

  • Status: repealed
  • Authority G.S. 143A-31; 150B-23; 150B-24; 150B-25; 150B-27; 150B-28; 150B-31; 150B-32; 150B-34; 150B-36; 1A-1, Rules 26-33
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 01F .0311 Subpoenas {#sec-20-ncac-01f-.0311 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0311}

History

  • Status: repealed
  • Authority G.S. 143A-31; 150B-23; 150B-24; 150B-25; 150B-27; 150B-28; 150B-31; 150B-32; 150B-34; 150B-36; 1A-1, Rules 26-33
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 01F .0312 Depositions {#sec-20-ncac-01f-.0312 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0312}

History

  • Status: repealed
  • Authority G.S. 143A-31; 150B-23; 150B-24; 150B-25; 150B-27; 150B-28; 150B-31; 150B-32; 150B-34; 150B-36; 1A-1, Rules 26-33
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 01F .0313 Proposal for Decision {#sec-20-ncac-01f-.0313 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0313}

History

  • Status: repealed
  • Authority G.S. 143A-31; 150B-23; 150B-24; 150B-25; 150B-27; 150B-28; 150B-31; 150B-32; 150B-34; 150B-36; 1A-1, Rules 26-33
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 01F .0314 Final Agency Decisions {#sec-20-ncac-01f-.0314 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01F .0314}

History

  • Status: repealed
  • Authority G.S. 143A-31; 150B-23; 150B-24; 150B-25; 150B-27; 150B-28; 150B-31; 150B-32; 150B-34; 150B-36; 1A-1, Rules 26-33
  • Eff. February 1, 1976
  • Readopted Eff. September 15, 1977
  • Repealed Eff. August 1, 1988.

Subchapter G

20 NCAC 01G .0101 Description of the Program {#sec-20-ncac-01g-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0101}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. November 1, 1990; March 1, 1985; June 1, 1984; November 1, 1983; October 1, 1983; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0102 Definitions {#sec-20-ncac-01g-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0102}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. November 1, 1990; March 1, 1985; June 1, 1984; November 1, 1983; October 1, 1983; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0103 Principles of Accounting and Valuation {#sec-20-ncac-01g-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0103}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. November 1, 1990; March 1, 1985; June 1, 1984; November 1, 1983; October 1, 1983; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0104 Accounting for Exchanges {#sec-20-ncac-01g-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0104}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. November 1, 1990; March 1, 1985; June 1, 1984; November 1, 1983; October 1, 1983; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0105 Allocation of Management Costs {#sec-20-ncac-01g-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0105}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. November 1, 1990; March 1, 1985; June 1, 1984; November 1, 1983; October 1, 1983; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0106 Consolidation of Existing Investments of Participants {#sec-20-ncac-01g-.0106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0106}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. November 1, 1990; March 1, 1985; June 1, 1984; November 1, 1983; October 1, 1983; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0107 Mergers of Additional Investment Portfolios {#sec-20-ncac-01g-.0107 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0107}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. November 1, 1990; March 1, 1985; June 1, 1984; November 1, 1983; October 1, 1983; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0108 Loans Between Investment Funds {#sec-20-ncac-01g-.0108 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0108}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. November 1, 1990; March 1, 1985; June 1, 1984; November 1, 1983; October 1, 1983; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0109 Delegation of Authority {#sec-20-ncac-01g-.0109 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0109}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. November 1, 1990; March 1, 1985; June 1, 1984; November 1, 1983; October 1, 1983; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0201 General {#sec-20-ncac-01g-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0201}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. July 1, 1987; June 1, 1984; February 1, 1982; October 29, 1979
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0202 Eligible Investments {#sec-20-ncac-01g-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0202}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. July 1, 1987; June 1, 1984; February 1, 1982; October 29, 1979
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0203 Eligible Participants {#sec-20-ncac-01g-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0203}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. July 1, 1987; June 1, 1984; February 1, 1982; October 29, 1979
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0204 Allocation of Income to Participants {#sec-20-ncac-01g-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0204}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. July 1, 1987; June 1, 1984; February 1, 1982; October 29, 1979
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0205 Warrants Drawn on Non-State Funds {#sec-20-ncac-01g-.0205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0205}

History

  • Status: repealed
  • Authority G.S. 147-69.3(b),(j)
  • Eff. October 1, 1983
  • Repealed Eff. June 1, 1986.
20 NCAC 01G .0206 Warrants Returned Without Payment {#sec-20-ncac-01g-.0206 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0206}

History

  • Status: repealed
  • Authority G.S. 147-69.3(b),(j)
  • Eff. October 1, 1983
  • Repealed Eff. June 1, 1986.
20 NCAC 01G .0207 Voluntary Deposits for Investments {#sec-20-ncac-01g-.0207 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0207}

History

  • Status: repealed
  • Authority G.S. 147-69.3(b),(j)
  • Eff. June 1, 1986
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0301 General {#sec-20-ncac-01g-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0301}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. June 1, 1984; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0302 Eligible Investments {#sec-20-ncac-01g-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0302}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. June 1, 1984; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0303 Eligible Participants {#sec-20-ncac-01g-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0303}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. June 1, 1984; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0304 Allocation of Income to Participants {#sec-20-ncac-01g-.0304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0304}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. June 1, 1984; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0305 Valuation of Ownership Units {#sec-20-ncac-01g-.0305 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0305}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. June 1, 1984; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0306 Purchase of Ownership Units {#sec-20-ncac-01g-.0306 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0306}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. June 1, 1984; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0307 Redemption of Ownership Units {#sec-20-ncac-01g-.0307 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0307}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. June 1, 1984; February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0401 General {#sec-20-ncac-01g-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0401}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. October 1, 1987; July 1, 1987; June 1, 1984; February 1, 1982; October 29, 1979
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0402 Eligible Investments {#sec-20-ncac-01g-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0402}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. October 1, 1987; July 1, 1987; June 1, 1984; February 1, 1982; October 29, 1979
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0403 Eligible Participants {#sec-20-ncac-01g-.0403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0403}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. October 1, 1987; July 1, 1987; June 1, 1984; February 1, 1982; October 29, 1979
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0404 Allocation of Income to Participants {#sec-20-ncac-01g-.0404 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0404}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. October 1, 1987; July 1, 1987; June 1, 1984; February 1, 1982; October 29, 1979
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0405 Valuation of Ownership Units {#sec-20-ncac-01g-.0405 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0405}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. October 1, 1987; July 1, 1987; June 1, 1984; February 1, 1982; October 29, 1979
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0406 Purchase of Ownership Units {#sec-20-ncac-01g-.0406 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0406}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. October 1, 1987; July 1, 1987; June 1, 1984; February 1, 1982; October 29, 1979
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0407 Redemption of Ownership Units {#sec-20-ncac-01g-.0407 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0407}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. October 1, 1987; July 1, 1987; June 1, 1984; February 1, 1982; October 29, 1979
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0408 Responsibility of Equity Investment Advisory Committee {#sec-20-ncac-01g-.0408 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0408}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Emergency Regulation Eff. July 1, 1979, for a Period of 120 Days to Expire on October 29, 1979
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. October 1, 1987; July 1, 1987; June 1, 1984; February 1, 1982; October 29, 1979
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0409 Rebalancing of Ownership {#sec-20-ncac-01g-.0409 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0409}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Eff. February 1, 1982
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0501 General {#sec-20-ncac-01g-.0501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0501}

History

  • Status: repealed
  • Authority G.S. 147-69.3(j)
  • Eff. June 1, 1984
  • Amended Eff. December 1, 1987
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0502 Eligible Investments {#sec-20-ncac-01g-.0502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0502}

History

  • Status: repealed
  • Authority G.S. 147-69.3(j)
  • Eff. June 1, 1984
  • Amended Eff. December 1, 1987
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0503 Eligible Participants {#sec-20-ncac-01g-.0503 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0503}

History

  • Status: repealed
  • Authority G.S. 147-69.3(j)
  • Eff. June 1, 1984
  • Amended Eff. December 1, 1987
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0504 Allocation of Income to Participants {#sec-20-ncac-01g-.0504 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0504}

History

  • Status: repealed
  • Authority G.S. 147-69.3(j)
  • Eff. June 1, 1984
  • Amended Eff. December 1, 1987
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0505 Valuation of Ownership Units {#sec-20-ncac-01g-.0505 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0505}

History

  • Status: repealed
  • Authority G.S. 147-69.3(j)
  • Eff. June 1, 1984
  • Amended Eff. December 1, 1987
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0506 Purchase of Ownership Units {#sec-20-ncac-01g-.0506 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0506}

History

  • Status: repealed
  • Authority G.S. 147-69.3(j)
  • Eff. June 1, 1984
  • Amended Eff. December 1, 1987
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0507 Redemption of Ownership Units {#sec-20-ncac-01g-.0507 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0507}

History

  • Status: repealed
  • Authority G.S. 147-69.3(j)
  • Eff. June 1, 1984
  • Amended Eff. December 1, 1987
  • Repealed Eff. February 1, 2015.
20 NCAC 01G .0508 Rebalancing of Ownership {#sec-20-ncac-01g-.0508 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01G .0508}

History

  • Status: repealed
  • Authority G.S. 147-69.3
  • Eff. December 1, 1987
  • Repealed Eff. February 1, 2015.

Subchapter H

20 NCAC 01H .0101 General Information {#sec-20-ncac-01h-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0101}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0102 Definition of Terms {#sec-20-ncac-01h-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0102}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0103 Minimum Standards {#sec-20-ncac-01h-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0103}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0104 Delegation of Authority {#sec-20-ncac-01h-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0104}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0201 Requirements for the Rfp {#sec-20-ncac-01h-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0201}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0202 Issuance of the Rfp {#sec-20-ncac-01h-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0202}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0203 Contract Period: Termination of Trustee {#sec-20-ncac-01h-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0203}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0204 Termination for Cause {#sec-20-ncac-01h-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0204}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0205 Availability of Records {#sec-20-ncac-01h-.0205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0205}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0301 Establishment of Individual Accounts {#sec-20-ncac-01h-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0301}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0302 Eligible Securities: Cash Deposits {#sec-20-ncac-01h-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0302}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0303 Deposit of Cash or Securities {#sec-20-ncac-01h-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0303}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0304 Substitution of Securities {#sec-20-ncac-01h-.0304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0304}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0305 Required Reporting {#sec-20-ncac-01h-.0305 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0305}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0306 Withdrawal of Cash or Securities {#sec-20-ncac-01h-.0306 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0306}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0307 Fees {#sec-20-ncac-01h-.0307 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0307}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0401 Notification of Default {#sec-20-ncac-01h-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0401}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.
20 NCAC 01H .0402 Sale of Securities After Default {#sec-20-ncac-01h-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 01H .0402}

History

  • Status: repealed
  • Authority G.S. 147-78.1
  • Eff. December 1, 1985
  • Repealed Eff. February 1, 2015.

Chapter 02 Retirement Systems

Subchapter A

20 NCAC 02A .0101 Organization: Authority {#sec-20-ncac-02a-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0101}

The Retirement Systems Division of the Department of State Treasurer provides the staffing for the administration of the following agencies where either the Board of Trustees of the Teachers' and State Employees' Retirement System or the Board of Trustees of the Local Governmental Employees' Retirement System is a rulemaking body. The agencies and the statutory authority of each are:

(1) Teachers' and State Employees' Retirement System of North Carolina -- G.S. 135, Article 1;

(2) North Carolina Local Governmental Employees' Retirement System -- G.S. 128, Article 3;

(3) Legislative Retirement System of North Carolina -- G.S. 120, Article 1A;

(4) Consolidated Judicial Retirement System of North Carolina -- G.S. 135, Article 4;

(5) Disability Income Plan of North Carolina -- G.S. 135, Article 6;

(6) Firefighters' and Rescue Squad Workers' Pension Fund -- G.S. 58, Article 86;

(7) Register of Deeds' Supplemental Pension Fund -- G.S. 161, Article 3; and

(8) National Guard Pension Fund – G.S. 127A, Article 3.

History

  • Authority G.S. 58-86-10; 120-4.9; 127A-40(f); 128-28(g); 135-6(f); 135-52; 135-102; 161-50.1(b)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 1, 1993; August 1, 1988; April 1, 1985; October 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 21, 2018
  • Amended Eff. March 1, 2023.
20 NCAC 02A .0102 Exercise of Authority {#sec-20-ncac-02a-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0102}

History

  • Status: repealed
  • Authority G.S. 128-28(g); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 21, 2018
  • Repealed Eff. March 1, 2023.
20 NCAC 02A .0103 Delegation of Authority to Director {#sec-20-ncac-02a-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0103}

Whenever the statutes under Article 58 of G.S. 86, Article 1A of G.S. 120, Article 3 of G.S. 127A, Article 3 of G.S. 128, Articles 1, 4, or 6 of G.S. 135, or Article 3 of G.S. 161 specify that the Board of Trustees will make specific findings in specific matters relating to specific persons, the Director of the Retirement Systems Division may make the decisions in accordance with law and the rules, regulations, and previous decisions of this Board. Appeals may be made from the decision of the Director under the procedures used for contested cases as provided under Section .0400 of this Subchapter.

History

  • Authority G.S. 128-28(g); 128-28(h); 135-6(f); 135-6(g); 150B-22
  • Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Readopted Eff. March 1, 2023.
20 NCAC 02A .0104 Exercise of Employer Options {#sec-20-ncac-02a-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0104}

When an employer elects to participate in an optional element of a retirement system, the election shall not be considered effective by the Retirement System unless the employer provides the Retirement Systems Division with a certified copy of the minutes of the governing board of the employer and the terms under which the option is elected do not discriminate in favor of the more highly compensated employees. The terms "discriminate" and "highly compensated employee" have the same meanings as under 26 CFR of the Internal Revenue Code. The Internal Revenue Code Title 26 CFR is hereby incorporated by reference, including subsequent amendments and editions, and is available online, at no cost, at https://www.ecfr.gov/current/title-26/chapter-I/subchapter-A/part-1?toc=1.

History

  • Authority G.S. 128-28(g); 135-6(f)
  • Eff. November 9, 1979
  • Readopted Eff. March 1, 2023.
20 NCAC 02A .0105 Repayment for Right to Retire {#sec-20-ncac-02a-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0105}

History

  • Status: expired
  • Authority G.S. 128-27(a)(4); 128-28(g); 135-5(a)(3); 135-6(f); 135-57(d)
  • Eff. December 1, 1983
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02A .0201 Establishment of Procedural Rights {#sec-20-ncac-02a-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0201}

The rules in 20 NCAC 01F .0100 establish rule-making procedures for the Retirement Systems Division of the Department of State Treasurer.

History

  • Authority G.S. 128-28(g); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 1, 1993; October 29, 1979
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 21, 2018
  • Amended Eff. March 1, 2023; September 1, 2019.
20 NCAC 02A .0202 Definitions {#sec-20-ncac-02a-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0202}

History

  • Status: repealed
  • Authority G.S. 128-28(g); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 1, 1993; October 29, 1979
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 21, 2018
  • Repealed Eff. March 1, 2023.
20 NCAC 02A .0301 Establishment of Procedural Rights {#sec-20-ncac-02a-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0301}

The rules in 20 NCAC 01F .0200 establish declaratory ruling procedures for the Retirement Systems Division of the Department of State Treasurer, with the following exception. All requests for declaratory rulings from the Retirement Systems Division shall be in writing and mailed to the attention of the Director at the following address:

Director of the Retirement Systems Division

Department of State Treasurer

3200 Atlantic Avenue

Raleigh, North Carolina 27604.

History

  • Authority G.S. 128-28(g); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 1, 1993
  • Readopted Eff. March 1, 2023.
20 NCAC 02A .0302 Definitions {#sec-20-ncac-02a-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0302}

History

  • Status: repealed
  • Authority G.S. 128-28(g); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 1, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 21, 2018
  • Repealed Eff. March 1, 2023.
20 NCAC 02A .0303 Reconsideration of Declaratory Rulings {#sec-20-ncac-02a-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0303}

History

  • Status: repealed
  • Authority G.S. 128-28(g); 135-6(f)
  • Eff. October 29, 1979
  • Repealed Eff. March 1, 2023.
20 NCAC 02A .0401 Establishment of Procedural Rights {#sec-20-ncac-02a-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0401}

(a) Article 3 of G.S. 150B establishes contested case procedures for the Retirement Systems Division of the Department of State Treasurer. All correspondence with the Retirement Systems Division shall be addressed to:

Director of the Retirement Systems Division

Department of State Treasurer

3200 Atlantic Avenue

Raleigh, North Carolina 27604.

(b) Informal resolution of a dispute as described in G.S. 150B-22(a) begins when a person calls, writes, or visits the Retirement Systems Division's Member Services section and describes the dispute to a representative.

(c) If the dispute is not resolved during this initial contact, the person may request a review of the Division's decision or action in writing to the Director of the Retirement Systems Division at the address in Paragraph (a) of this Rule.

(d) The Director of the Retirement Systems Division, or the Director's designee, shall issue an agency decision in writing, which shall document the dispute for any contested case under G.S. 150B-22(b) and serve as the "agency decision" for purposes of G.S. 150B-23(f).

History

  • Authority G.S. 128-28(g); 135-6(f); 150B-22; 150B-23
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 1, 1993
  • Readopted Eff. March 1, 2023.
20 NCAC 02A .0402 Definitions {#sec-20-ncac-02a-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0402}

History

  • Status: expired
  • Authority G.S. 135-6(f); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 1, 1993; October 1, 1983; December 1, 1982; October 29, 1979
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02A .0403 Hearing Officers {#sec-20-ncac-02a-.0403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0403}

History

  • Status: expired
  • Authority G.S. 135-6(f); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 1, 1993; October 1, 1983; December 1, 1982; October 29, 1979
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02A .0501 General Guidelines {#sec-20-ncac-02a-.0501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0501}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Repealed Eff. March 1, 1985.
20 NCAC 02A .0502 Retiring Procedures {#sec-20-ncac-02a-.0502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0502}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Repealed Eff. March 1, 1985.
20 NCAC 02A .0503 Dual Membership - Computation of Service and Benefits {#sec-20-ncac-02a-.0503 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0503}

(a) This Rule applies to any individual case in which the member had one or more periods of dual membership in those rare cases which are permitted by law. "Dual membership" means membership in both the Teachers' and State Employees' Retirement System and the Local Governmental Employees' Retirement System, at the same time, by virtue of the same position.

(b) Eligibility shall be established for the death benefit, survivor's alternate benefit, service, early or disability retirement, or other benefits which are based on creditable or membership service for both systems whenever eligibility is established in either one of the systems.

(c) A statute permitting transfer of membership and prior service shall apply only after the period of dual membership, when a person becomes a member employed fully under a Retirement System to which the membership and prior service may be transferred from one or the other of the systems in which the member had dual membership.

(d) Death benefits for active members shall be allocated pro rata between systems based on the total compensation paid during the period when the member was eligible for dual membership.

(e) Other benefits shall be calculated as follows:

(1) Compute "Average Final Compensation" on the basis of compensation on which the member would have contributed had the member's service not been divided between two retirement systems as a result of dual membership.

(2) Compute creditable service as follows:

(A) the number of months of creditable service the member earned or acquired which were based on compensation for service in only one of the systems; plus

(B) the total of the fractional months earned by the member in each of the systems during periods of dual membership, where the fractional month earned during each month of dual membership is equal to the compensation reported to the system divided by the total compensation reported to all systems.

(C) The fractional months are to be computed as follows. First, identify the total compensation earned by the member in each of the systems during periods of dual membership, as determined in Part (e)(2)(B) of this Rule. Second, add together the total compensation earned by the member in each of the systems during periods of dual membership, as determined in Part (e)(2)(B) of this Rule, to produce a Grand Total. Third, divide the total compensation earned by the member in each of the systems during periods of dual membership, as determined in Part (e)(2)(B) of this Rule, by the Grand Total, as determined in the previous sentence, to produce a factor, carried to the fourth decimal place, known as the Modification Factor, for each system. Fourth, multiply the total of the fractional months, as determined in Part (e)(2)(B) of this Rule, by the Modification Factor for each system, as determined in the previous sentence, to determine the actual creditable service allowed for each system during periods of dual membership.

(3) Compute the annual allowance for a member by multiplying the average final compensation times the creditable service as computed in Subparagraphs (1) and (2) of this Paragraph.

(4) Allocate the benefits to be paid from each system pro rata on share of creditable service in each system as computed in Subparagraph (e)(2) of this Rule.

(f) This Rule shall apply to any individual case in which a member with dual membership commenced retirement with one Retirement System prior to the original effective date of this Rule, December 1, 1981, and continued in service under the other Retirement System. In such cases, the retirement allowance of the member from the system with which the member first retired shall be recomputed in accordance with this Rule and paid retroactively to the original effective date of this Rule.

History

  • Authority G.S. 128-28(g); 128-34(b); 135-6(f); 135-18.1(a)
  • Eff. December 1, 1981
  • Amended Eff. March 1, 2023; March 1, 1985.
20 NCAC 02A .0504 Direct Deposit of Monthly Benefit Payments {#sec-20-ncac-02a-.0504 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0504}

(a) This Rule applies to any individual case in which a beneficiary's monthly benefit was paid via electronic funds transfer (EFT) or direct deposit when the EFT was suspended by the Division in error. This Rule does not apply to any individual case involving a delay by this Division to initiate an EFT or a change in an existing EFT arrangement requested by a beneficiary.

(b) The Division shall reimburse non-sufficient fund charges incurred by a beneficiary due to the suspension in error of an existing EFT arrangement when the beneficiary was not notified of the suspension of the arrangement and upon receipt of proof that the charges were incurred.

(c) Any other bad check service charges or fees imposed by any financial institution or merchant may be reimbursed at the discretion of the Division Director upon receipt of proof that the charges were incurred.

(d) Any reimbursement of non-sufficient fund or bad check service charges shall be paid from the Pension Accumulation Fund of the Retirement System in which the beneficiary is in receipt of a benefit.

History

  • Authority G.S. 58-86-10; 120-4.9; 127A-40(f); 128-28(g); 135-6(f); 135-52; 135-102(c); 161-50.1(b)
  • Eff. March 1, 1992
  • Readopted Eff. March 1, 2023.
20 NCAC 02A .0505 Administrative Fees for Service Purchases {#sec-20-ncac-02a-.0505 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0505}

(a) This Rule applies to the purchase of creditable service whenever a statutory provision prescribes that the calculation of the amount payable shall include an administrative fee to be set by the Board.

(b) An administrative fee in the amount of twenty-five dollars ($25.00) for each payment shall be assessed, as provided by law, against members at the time of purchase.

History

  • Authority G.S. 58-86-45; 120-4.15; 120-4.16; 128-26; 128-28(g); 135-4; 135-6(f); 135-56
  • Eff. March 1, 2023.
20 NCAC 02A .0601 Investment of Funds {#sec-20-ncac-02a-.0601 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0601}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 128-28(g)
  • Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02A .0602 Investment Committee {#sec-20-ncac-02a-.0602 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02A .0602}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 128-28(g)
  • Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.

Subchapter B

20 NCAC 02B .0101 General Information {#sec-20-ncac-02b-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0101}

The following is general information about the Teachers' and State Employees' Retirement System:

(1) The Director is the Director of the Retirement Systems Division;

(2) The mailing address and physical address is Retirement Systems Division, Department of State Treasurer, 3200 Atlantic Avenue, Raleigh, North Carolina 27604.

History

  • Authority G.S. 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 21, 2018
  • Amended Eff. March 1, 2023; September 1, 2019.
20 NCAC 02B .0102 Purposes {#sec-20-ncac-02b-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0102}

History

  • Status: repealed
  • Authority G.S. 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .0103 Forms {#sec-20-ncac-02b-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0103}

History

  • Status: repealed
  • Authority G.S. 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .0201 Average Final Compensation {#sec-20-ncac-02b-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0201}

The term "consecutive calendar years" is defined for the purpose of determining retirement allowances as a period of time consisting of a number of calendar months of creditable service equal to 12 times the number of years specified by statute during which the highest total compensation was earned, adjusted proportionally to the regular term of annual employment.

History

  • Authority G.S. 135-6(f); 135-1(5)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977.
20 NCAC 02B .0202 Actuarial Tables: Rates and Assumptions {#sec-20-ncac-02b-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0202}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-6(m)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. August 1, 1981
  • Repealed Eff March 1, 2023.
20 NCAC 02B .0203 Official Mortality Table {#sec-20-ncac-02b-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0203}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-6(m); 135-6(n); 135-6(o); 135-18.1
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. August 1, 1981.
20 NCAC 02B .0204 Actuarial Calculations {#sec-20-ncac-02b-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0204}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-6(m); 135-6(n); 135-6(o); 135-18.1
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. August 1, 1981.
20 NCAC 02B .0205 Recommendations of Actuary {#sec-20-ncac-02b-.0205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0205}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-6(m); 135-6(n); 135-6(o); 135-18.1
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. August 1, 1981.
20 NCAC 02B .0206 Actuarial Valuations {#sec-20-ncac-02b-.0206 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0206}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-6(m); 135-6(n); 135-6(o); 135-18.1
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. August 1, 1981.
20 NCAC 02B .0207 Reserve Transfer {#sec-20-ncac-02b-.0207 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0207}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-6(m); 135-6(n); 135-6(o); 135-18.1
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. August 1, 1981.
20 NCAC 02B .0208 Death of Retired Member {#sec-20-ncac-02b-.0208 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0208}

During the month a retired member dies, the legal representative of the deceased shall be entitled to a full check for the month in which the death occurred.

History

  • Authority G.S. 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977.
20 NCAC 02B .0209 Disclosure of Information {#sec-20-ncac-02b-.0209 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0209}

History

  • Status: expired
  • Authority G.S. 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. March 1, 1985
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02B .0210 Medical Board {#sec-20-ncac-02b-.0210 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0210}

In accordance with the authority contained in G.S. 135-6(k), membership of the Medical Board consists of five physicians, with a quorum of three required at meetings approving applications for disability retirement.

History

  • Authority G.S. 135-6(f); 135-6(k)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0211 Optional Retirement Program {#sec-20-ncac-02b-.0211 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0211}

An individual who is employed by a state university at a rank or in a position ineligible for participation in the Optional Retirement Program, as provided by G.S. 135-5.1, and who later is reclassified to an eligible rank or position shall be permitted to elect to withdraw from the Teachers' and State Employees' Retirement System and to begin participation in the Optional Retirement Program as though the individual were a new employee.

History

  • Authority G.S. 135-5.1; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0212 Survivor's Alternate Benefit {#sec-20-ncac-02b-.0212 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0212}

History

  • Status: expired
  • Authority G.S. 135-19; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02B .0213 Disability Retirement Allowance Defined {#sec-20-ncac-02b-.0213 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0213}

History

  • Status: repealed
  • Authority G.S. 135-5(1)(3)
  • Eff. October 29, 1979
  • Repealed Eff. March 1, 2023.
20 NCAC 02B .0214 Retroactive Membership Service {#sec-20-ncac-02b-.0214 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0214}

History

  • Status: expired
  • Authority G.S. 135-3(1); 135-6(f)
  • Eff. June 1, 1984
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02B .0215 Teachers' and State Employees' Retirement System Overpayment Safe Harbor {#sec-20-ncac-02b-.0215 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0215}

(a) The Board of Trustees determines that the following causes of overpayments are not entirely due to administrative error on the part of the Retirement Systems Division:

(1) The beneficiary received, but did not repay to the Retirement System or the Disability Income Plan of North Carolina, a benefit from the Social Security Administration, the U.S. Department of Veterans Affairs, other federal agency payments, Workers' Compensation, or the State's military disability program under G.S. 127A-108, where such benefits are required by law to be offset from benefits paid by the Retirement System or the Disability Income Plan of North Carolina, or where repayment of such benefits was agreed upon as a condition of approval for benefits from the Retirement System or the Disability Income Plan of North Carolina.

(2) The beneficiary, the beneficiary's employer, or the beneficiary's authorized agent submitted any information on an official form to the Retirement Systems Division, either on paper or electronically, that differed from the information ultimately used to determine the eligibility for, or amount of, benefits due.

(3) The Retirement Systems Division requested information necessary to initiate or continue the payment of benefits, by sending a letter to the mailing address that the beneficiary, the beneficiary's employer, or the beneficiary's authorized agent placed on file with the Retirement Systems Division, allowing at least three weeks between the date of the letter and the date for a response to be received, and the Retirement Systems Division did not receive a response by the time requested.

(4) A State or local government agency reported information to the Retirement Systems Division, including employment status, dates of service, or amounts of compensation, which changed the eligibility for, or amount of, benefits due to the beneficiary.

(5) The beneficiary experienced a forfeiture of creditable service for having been convicted of a felony under the provisions of G.S. 135-18.10, G.S. 135-18.10A, G.S. 135-75.1, or G.S. 135-75.1A .

(b) The Retirement Systems Division may initiate a review of the facts and circumstances related to the origin of any overpayment from the Retirement System or the Disability Income Plan of North Carolina, with the purpose of determining if the overpayment was entirely due to administrative error on the part of the Retirement Systems Division and therefore eligible for the alternate repayment terms of G.S. 135-9(c1). The Director of the Retirement Systems Division shall, upon receipt of a written request by a beneficiary, beneficiary's employer, or the beneficiary's authorized agent, initiate such a review. If the Director determines the overpayment is not entirely due to administrative error on the part of the Retirement Systems Division, the Retirement Systems Division shall issue a letter to the requestor setting forth the reason or reasons for the denial. The Director shall make determinations on such requests pursuant to the authority provided under 20 NCAC 02A .0103.

History

  • Authority G.S. 135-6(f); 135-9(c1)
  • Eff. July 1, 2024.
20 NCAC 02B .0216 Evidence Required for Inactive Employer Extension Request {#sec-20-ncac-02b-.0216 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0216}

"Clear and Convincing Evidence" includes all of the following:

(1) Job description of all vacant positions requiring membership in the Teachers' and State Employees' Retirement System.

(2) The date the positions are expected to be filled or the status of recruitment.

(3) Confirmation that the positions are funded in the employer's most recent budget.

(4) Statement that the employer will continue to issue financial statements recognizing its share of the Teachers' and State Employees' Retirement System costs, if any, under the governmental accounting standards of the Governmental Accounting Standards Board. The statement shall be signed by an authorized representative of the employer.

History

  • Authority G.S. 135-5.5(d); 135-6(f)
  • Eff. January 1, 2025.
20 NCAC 02B .0301 Designation {#sec-20-ncac-02b-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0301}

Any beneficiaries designated, other than the estate of a member or a trustee named by and acting for the member, must be living persons at the time the designation is made. If it is desired that the estate be beneficiary, this should be indicated on the form.

History

  • Authority G.S. 135-5(g); 135-5(l); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0302 Principal Beneficiary {#sec-20-ncac-02b-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0302}

(a) More than one principal beneficiary may be designated for the return of accumulated contributions under the provisions of G.S. 135-5(f) to share equally. In the event of the death of any so designated principal beneficiary for the return of accumulated contributions, those surviving principal beneficiaries shall share equally in the total benefits. However, if there is only one living designated principal beneficiary for the return of accumulated contributions at the member's death and the member has met all other requirements under the provisions of G.S. 135-5(m), the designated principal beneficiary may elect to receive the alternative benefit under the provisions of G.S. 135-5(m).

(b) More than one principal beneficiary may be designated for the death benefit of an active member or a retired member under the provisions of G.S. 135-5(l) to share equally. In the event of the death of any so designated principal beneficiary for the death benefit of an active member or retired member, those surviving principal beneficiaries shall share equally in the total benefits.

(c) More than one principal beneficiary may be designated for the guaranteed refund under the provisions of G.S. 135-5(g1) to share equally. In the event of the death of any so designated principal beneficiary for the guaranteed refund, those surviving principal beneficiaries shall share equally in the total benefits.

History

  • Authority G.S. 135-5(f); 135-5(g); 135-5(g1); 135-5(l); 135-5(m); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0303 Contingent Beneficiary {#sec-20-ncac-02b-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0303}

(a) The following shall apply to designating a contingent beneficiary for the return of accumulated contributions under the provisions of G.S. 135-5(f):

(1) A principal beneficiary may be designated for the return of accumulated contributions with the stipulation that should the principal beneficiary predecease the member, payment of the amount due, if any, shall be made to the designated contingent beneficiary or beneficiaries for the return of accumulated contributions.

(2) If more than one principal beneficiary is designated for the return of accumulated contributions, payment of the amount due, if any, shall be paid to any surviving principal beneficiaries designated for the return of accumulated contributions, sharing equally in the total benefits payable, and shall not be paid to any contingent beneficiary.

(3) It is permissible to designate more than one contingent beneficiary for the return of accumulated contributions. Payment of the amount due, if any, shall be paid to the surviving contingent beneficiaries designated for the return of accumulated contributions, sharing equally in the total benefits, only in the event that there is no surviving principal beneficiary designated for the return of accumulated contributions.

(b) The following shall apply to designating a contingent beneficiary for the death benefit under the provisions of G.S. 135-5(l):

(1) A principal beneficiary may be designated for the death benefit of an active member or retired member with the stipulation that should the principal beneficiary predecease the member, payment of the amount due, if any, shall be made to the designated contingent beneficiary or beneficiaries for the death benefit.

(2) If more than one principal beneficiary is designated for the death benefit, payment of the amount due, if any, shall be paid to any surviving principal beneficiaries designated for the death benefit, sharing equally in the total benefits payable, and shall not be paid to any contingent beneficiary.

(3) It is permissible to designate more than one contingent beneficiary for the death benefit. Payment of the amount due, if any, shall be paid to the surviving contingent beneficiaries designated for the death benefit, sharing equally in the total benefits, only in the event that there is no surviving principal beneficiary designated for the death benefit.

(c) The following shall apply to designating a contingent beneficiary for the guaranteed refund under the provisions of G.S. 135-5(g1):

(1) A principal beneficiary may be designated for the guaranteed refund with the stipulation that should the principal beneficiary predecease the member, payment of the amount due, if any, shall be made to the designated contingent beneficiary or beneficiaries for the guaranteed refund.

(2) If more than one principal beneficiary is designated for the guaranteed refund, payment of the amount due, if any, shall be paid to any surviving principal beneficiaries designated for the guaranteed refund, sharing equally in the total benefits payable, and shall not be paid to any contingent beneficiary.

(3) It is permissible to designate more than one contingent beneficiary for the guaranteed refund. Payment of the amount due, if any, shall be paid to the surviving contingent beneficiaries designated for the guaranteed refund, sharing equally in the total benefits, only in the event that there is no surviving principal beneficiary designated for the guaranteed refund.

History

  • Authority G.S. 135-5(f); 135-5(g); 135-5(g1); 135-5(l); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0304 No Living Beneficiary {#sec-20-ncac-02b-.0304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0304}

If no designated beneficiary, whether principal or contingent, is living at the time of the member's death, payment of the amount due, if any, will be made to the administrator or executor of the estate or the collector of funds for the estate of the member.

History

  • Authority G.S. 135-5(g); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0305 Beneficiary Who Is a Minor {#sec-20-ncac-02b-.0305 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0305}

(a) Payments to beneficiaries who are minors will be made to an appointed guardian or to the clerk of superior court in the county in which the beneficiary resides to the extent that such payment is authorized by law.

(b) In the event that the appointed guardian or the clerk of superior court in the county in which the beneficiary resides is unwilling or unable to accept payment on behalf of the minor beneficiary payment may be made to a custodian in accordance with Chapter 33A of the North Carolina General Statutes, entitled North Carolina Uniform Transfers to Minors Act.

History

  • Authority G.S. 135-5(g); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0306 Change in Status {#sec-20-ncac-02b-.0306 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0306}

History

  • Status: repealed
  • Authority G.S. 135-5(g); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .0307 Change in Beneficiary {#sec-20-ncac-02b-.0307 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0307}

Prior to retirement, the member may, at any time, change any beneficiaries designated for the return of accumulated contributions under the provisions of G.S. 135-5(f) or the death benefit for active members under the provisions of G.S. 135-5(l). A retired member may, at any time, change any beneficiaries designated for:

(1) The guaranteed refund under the provisions of G.S. 135-5(g1) until such time as the funds have been depleted;

(2) The death benefit for active members under the provisions of G.S. 135-5(l) provided the change is submitted within 180 calendar days after the member's last day of active service; or

(3) The death benefit for retired members under the provisions of G.S. 135-5(l).

The member shall submit any such change to the Board of Trustees using the form approved by the Board of Trustees for designation of the beneficiary for that purpose.

History

  • Authority G.S. 135-5(f); 135-5(g); 135-5(g1); 135-5(l); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0308 Special Rule: Beneficiary Before July 1, 1967 {#sec-20-ncac-02b-.0308 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0308}

In the event of the death of a person who became a member before July 1, 1967, the return of a member's contributions shall be paid to such person as the member intended to receive the return of contributions and whom the member designated as beneficiary for the death benefit as if the member had designated such person for the return of contributions if all of the following conditions are met:

(1) the member had designated one person for the death benefit at a time when there were separate forms for designation of beneficiary for return of contributions and designation of beneficiary for the death benefit;

(2) the person designated as beneficiary for the death benefit is living at the time of the member's death;

(3) any previously designated beneficiary for the return of contributions who is living at the time of the member's death or, if such previously designated beneficiary dies between the time of the member's death and the time of determination of payment of the return of accumulated contributions, the legatee or legatees, heirs at law, successors, or assigns of such beneficiary, waives all claims to or interest in the return of the member's contributions;

(4) the member did not designate any other person for the return of contributions after making a designation of beneficiary for the death benefit; and

(5) clear and convincing evidence is presented to the Division showing that the member thought the member had or intended to have designated for the return of contributions the same person whom the member designated as beneficiary for the death benefit.

In such cases, the beneficiary shall be entitled to receive the survivor's alternate benefit pursuant to G.S. 135-5(m) to the same extent that the beneficiary would have been entitled to receive the survivor's alternate benefit under G.S. 135-5(m) if the member had actually designated such beneficiary for the return of contributions in a duly executed and filed form for the designation of beneficiary for return of contributions.

History

  • Authority G.S. 135-5(f); 135-5(m);135-6(f)
  • Eff. October 29, 1979
  • Readopted Eff. March 1, 2023.
20 NCAC 02B .0401 Refunds {#sec-20-ncac-02b-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0401}

(a) The Retirement System will make no refunds of employer contributions paid into the pension accumulation fund by the employer in the amount equal to a percentage of the actual compensation of each member in cases of erroneous employee deductions except those which are corrected by the employing unit on a subsequent payroll within the calendar year in which the errors occur.

(b) Notwithstanding Paragraph (a) of this Rule, an error occurring in December may be corrected, and the associated employer contribution be refunded in the form of a credit toward future required employer contributions, by the employer's submission of a revised payroll report for the correct amount before January 31 of the following year.

(c) If an employer makes an additional contribution to the pension accumulation fund as a result of the contribution-based benefit cap, and the Retirement System receives information which alters the calculation of the retirement benefit used to determine the contribution under the provisions of G.S. 135-8(f)(2)f., any contribution not required based on the new information will be refunded to the employer in the form of a credit toward future required employer contributions.

(d) If an employer makes a contribution to the pension accumulation fund that was not required, or the Retirement System must repay or reimburse an employer for any reason, then the funds shall be refunded or paid in the form of a credit to be used toward future required employer contributions.

History

  • Authority G.S. 135-2; 135-6(f); 135-8(f)
  • Eff. February 1, 1976
  • Readopted Eff.; March 1, 2023; September 21, 1977
  • Amended Eff. January 1, 2025.
20 NCAC 02B .0402 Forwarding of Employer Contributions {#sec-20-ncac-02b-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0402}

All units shall forward to the Retirement System the employer's contributions monthly at the same time the employee's contributions are forwarded.

History

  • Authority G.S. 135-6(f); 135-8(f)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0403 Contribution Rate {#sec-20-ncac-02b-.0403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0403}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-6(m)
  • Eff. September 21, 1977
  • Repealed Eff. August 1, 1981.
20 NCAC 02B .0404 Due Date of Contributions {#sec-20-ncac-02b-.0404 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0404}

Both the employee and employer contributions are due in the Raleigh office of the Retirement System no later than the fifth State government working day of the month succeeding the month for which the contributions are required. Contributions received after the fifth State government working day of the month are delinquent.

History

  • Authority G.S. 135-6(f); 135-8(f)
  • Eff. March 1, 1992
  • Readopted Eff. March 1, 2023.
20 NCAC 02B .0405 Anti-Pension Spiking Contribution-Based Benefit Cap Factor (tsers) {#sec-20-ncac-02b-.0405 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0405}

History

  • Status: repealed
  • Authority G.S. 135-4(jj); 135-5(a3); 135-6(f)
  • Eff. March 21, 2019
  • Repealed Eff. March 1, 2023.
20 NCAC 02B .0501 Disability Retirement Examination {#sec-20-ncac-02b-.0501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0501}

The Medical Board is authorized to conduct an examination in doubtful cases of disability to determine whether the member continues to be eligible for a disability retirement pursuant to G.S. 135-5(c), paying the expense of the same from the Pension Accumulation Fund.

History

  • Authority G.S. 135-2; 135-5(c); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0502 Disability Retirement Reports {#sec-20-ncac-02b-.0502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0502}

When the Medical Board, subsequent to a disability retirement, reports that the retired member is engaged in or is able to engage in a gainful occupation, any adjustment required by G.S. 135-5(e)(1) will be made prospectively only and will not require any refund to the State of payments made during the period before a report is made indicating changed status.

History

  • Authority G.S. 135-5(e)(1); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0503 Fees: Independent Medical Exams-Disability Retirements {#sec-20-ncac-02b-.0503 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0503}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-6(k)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. August 1, 1981
  • Repealed Eff. March 1, 2023.
20 NCAC 02B .0504 Interest Credits {#sec-20-ncac-02b-.0504 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0504}

When members on disability retirement are reinstated to active service, no interest shall be allowed on their accounts during the year of reinstatement.

History

  • Authority G.S. 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0505 Early Retirement {#sec-20-ncac-02b-.0505 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0505}

History

  • Status: repealed
  • Authority G.S. 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .0506 Service Retirement {#sec-20-ncac-02b-.0506 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0506}

History

  • Status: repealed
  • Authority G.S. 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .0507 Personnel Employed {#sec-20-ncac-02b-.0507 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0507}

History

  • Status: repealed
  • Authority G.S. 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .0508 Failure to Respond {#sec-20-ncac-02b-.0508 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0508}

History

  • Status: expired
  • Authority G.S. 135-5(a)(1); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977.
  • Pursuant to G.S. 150B-33(b)(9), Administrative Law Judge Melissa Owens Lassiter declared Rule 20 NCAC 02B .0508 void as applied in Burton L. Russell v. Department of State Treasurer, Retirement Systems Division (03 DST 1715)
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02B .0509 Retirement Allowance {#sec-20-ncac-02b-.0509 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0509}

History

  • Status: repealed
  • Authority G.S. 135-18.1; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. December 1, 1981.
20 NCAC 02B .0510 Pensions {#sec-20-ncac-02b-.0510 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0510}

Payment of a full month's benefit shall be made for the month in which death occurs, regardless of the date, with no further benefits to be paid thereafter.

History

  • Authority G.S. 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0601 Stock {#sec-20-ncac-02b-.0601 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0601}

History

  • Status: repealed
  • Authority G.S. 135-7.2; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02B .0602 Authorization {#sec-20-ncac-02b-.0602 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0602}

History

  • Status: repealed
  • Authority G.S. 135-7.2; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02B .0603 Valuation Equity Reserve {#sec-20-ncac-02b-.0603 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0603}

History

  • Status: repealed
  • Authority G.S. 135-7.2; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02B .0701 Educational Leaves of Absence {#sec-20-ncac-02b-.0701 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0701}

(a) For the purposes of G.S. 135-8(b)(5), "stipend" shall mean a fixed sum of money paid periodically for services and to defray the cost of travel, housing, meals, or other expenses resulting from participation in a full-time degree program.

(b) If the employer makes the monthly employer contribution equal to the normal and accrued liability contribution, the employer shall submit the total employer payment to the Retirement System.

(c) If the member makes the entire payment, the member shall submit the total employer and employee contribution to the Retirement System.

(d) A member, who is currently making contributions to purchase service for an educational leave of absence, and whose position before the leave of absence was paid on a less than 12-month basis, shall make the payment in the month after the regularly scheduled due date for payment of salary and shall earn service credits for the contributions in the same manner the member would if the member was currently being employed in that last position.

History

  • Authority G.S. 135-6(f); 135-8(b)(5)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. March 1, 1982
  • Readopted Eff. March 1, 2023.
20 NCAC 02B .0702 Requests to Contribute {#sec-20-ncac-02b-.0702 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0702}

History

  • Status: repealed
  • Authority G.S. 135-8(b)(5); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1982.
20 NCAC 02B .0703 Mandatory Leave of Absence {#sec-20-ncac-02b-.0703 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0703}

History

  • Status: repealed
  • Authority G.S. 135-8(b)(5); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1982.
20 NCAC 02B .0704 Member Age Sixty-Five {#sec-20-ncac-02b-.0704 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0704}

History

  • Status: repealed
  • Authority G.S. 135-8(b)(5); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1982.
20 NCAC 02B .0705 Limitation {#sec-20-ncac-02b-.0705 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0705}

History

  • Status: repealed
  • Authority G.S. 135-8(b)(5); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1982.
20 NCAC 02B .0706 Workers' Compensation Leaves of Absence {#sec-20-ncac-02b-.0706 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0706}

(a) Purchases of creditable service for leaves of absence prior to July 1, 1983 shall be made in the same manner as prescribed in 20 NCAC 02B .1200, as then effective.

(b) Purchases of creditable service for leaves of absence on and after July 1, 1983 shall be paid in the manner prescribed in law equal to the sum of the total employer and employee percentage rates of contribution in effect at the time of purchase multiplied by the annual rate of compensation of the member immediately prior to the leave of absence applied to the period of the leave commencing on the first day and ending on the last day before return to service.

(c) Members who had leaves of absence which otherwise met all requirements of law for purchase as creditable service except that the leaves of absence interrupted membership in the Local Governmental Employees' Retirement System or the Law Enforcement Officers' Retirement System and whose membership service before and after the leaves of absence has become membership service in the Teachers' and State Employees' Retirement System, may purchase creditable service as in Paragraph (b) of this Rule.

(d) Members may purchase creditable service for leaves of absence only when they have membership service credits immediately prior to and immediately after the leaves of absence and such membership service is creditable service at the time of purchase.

History

  • Authority G.S. 135-4(r); 135-6(f)
  • Eff. December 1, 1983
  • Amended Eff. August 1, 1988
  • Readopted Eff. March 1, 2023.
20 NCAC 02B .0801 Fee {#sec-20-ncac-02b-.0801 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0801}

History

  • Status: repealed
  • Authority G.S. 135-4(f)(6); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 2023.
20 NCAC 02B .0802 Qualifying for Credit {#sec-20-ncac-02b-.0802 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0802}

In order to qualify, each individual must pay for the full period of military service for which the member is eligible.

History

  • Authority G.S. 135-4(f)(6); 135-6(f); S.L. 1981, C. 636
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977
20 NCAC 02B .0803 Computation of Cost {#sec-20-ncac-02b-.0803 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0803}

The cost of purchasing credit for military service is calculated as follows:

(1) 1/12 of the annualized rate of compensation the member earned when the member first entered membership; multiplied by

(2) the employee contribution rate at that time; multiplied by

(3) the number of months of military service for which credit is to be purchased; plus

(4) a factor equivalent to interest at the rate of six and one-half percent, compounded annually, from the initial year of membership to the year of payment.

History

  • Authority G.S. 135-4(f); 135-6(f); S.L. 1981, C. 636
  • Eff. February 1, 1976
  • Readopted September 21, 1977
  • Amended Eff. March 1, 2023.
20 NCAC 02B .0804 Civil Service Participation {#sec-20-ncac-02b-.0804 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0804}

A member of the Teachers' and State Employees' Retirement System whose employment in this State requires the member to participate in the Federal Civil Service Program in lieu of the Social Security program shall not be barred from receiving military service credit for which the member is otherwise eligible in the Retirement System, despite the fact that the member may also receive credit under the Federal Civil Service Program for the same period of military service, provided that the member makes the required payment.

History

  • Authority G.S. 135-4(f)(6); 135-6(f); S.L. 1981, C. 636
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0805 Service Connected Disability {#sec-20-ncac-02b-.0805 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0805}

The exclusion for purchase of service in the Armed Forces of the United States as it pertains to credit in any other retirement system shall not include "service connected disability" benefits received from the Veteran's Administration of the Federal Government except when such benefits are a supplement of a military longevity retirement ("retired pay") benefit. The term "service connected disability" has the same meaning as used in Title 38, Chapter 11 of the United States Code which is hereby incorporated by reference, including subsequent additions and amendments, and is available online, at no cost, at https://uscode.house.gov/browse/prelim@title38/part2&edition=prelim. The term "retired pay" has the same meaning as used in Title 10, Chapter 71 of the United States Code which is hereby incorporated by reference, including subsequent additions and amendments, and is available online, at no cost, at https://uscode.house.gov/browse/prelim@title10/subtitleA/part2/chapter71&edition=prelim.

History

  • Authority G.S. 135-4(f)(6); 135-6(f); S.L. 1981, C. 636
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0806 Recalculation of Benefits {#sec-20-ncac-02b-.0806 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0806}

For members already retired who purchase service under G.S. 135-4(f)(6), any recalculation of benefits shall be based on the law in effect at the time of the individual's retirement. The calculation of both the benefit and the cost of the credit shall include the effects of the additional service credit resulting from the purchase and all benefit increases subsequent to the date of retirement.

History

  • Authority G.S. 135-4(f)(6); 135-6(f); S.L. 1981, C. 636
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0807 Change in Benefits {#sec-20-ncac-02b-.0807 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0807}

For members already retired, any change in benefits resulting from the purchase of credit pursuant to this Section shall become effective as of the first of the month following receipt of the required payment.

History

  • Authority G.S. 135-4(f)(6); 135-6(f); S.L. 1981, C. 636
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0808 Employer Portion of Annual Cost {#sec-20-ncac-02b-.0808 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0808}

History

  • Status: repealed
  • Authority G.S. 135-4(f)(6); 135-6(f)
  • Eff. February 1, 1976
  • Readopted September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .0809 Payments {#sec-20-ncac-02b-.0809 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0809}

History

  • Status: repealed
  • Authority G.S. 135-4(f)(6); 135-6(f)
  • Eff. February 1, 1976
  • Readopted September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .0810 Restoring Membership {#sec-20-ncac-02b-.0810 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0810}

When a member on military leave has withdrawn all of the member's contributions, the member shall be permitted to pay back the amount withdrawn, to the extent permitted by law, restore membership, and receive credit for the associated period of military leave.

History

  • Authority G.S. 135-4(f); 135-4(k1); 135-6(f); S.L. 1981, C. 636
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0811 Initial Period of Active Duty {#sec-20-ncac-02b-.0811 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0811}

History

  • Status: expired
  • Authority G.S. 135-4(f); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02B .0901 Fee {#sec-20-ncac-02b-.0901 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0901}

History

  • Status: repealed
  • Authority G.S. 135-4(l); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 2023.
20 NCAC 02B .0902 Qualifying for Credit {#sec-20-ncac-02b-.0902 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0902}

In order to qualify for out-of-state service credit, each individual must pay for all or such portion of the member's out-of-state service period in full years as the member desires of out-of-state service for which the member is eligible.

History

  • Authority G.S. 135-4(l); 135-6(f); S.L. 1981, C. 636
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0903 Definition {#sec-20-ncac-02b-.0903 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0903}

"Other governmental subdivision of the United States," as used in G.S. 135-4(l), means a state or territory and its subdivisions but not the United States government, except as specifically provided by statute.

History

  • Authority G.S. 135-4(l); 135-6(f); S.L. 1981, C. 636
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0904 Computation of Cost {#sec-20-ncac-02b-.0904 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0904}

The cost of purchasing credit for out-of-state service is calculated as follows:

(1) the monthly compensation the member earned when the member first entered membership; multiplied by

(2) the employee contribution rate at that time; multiplied by

(3) the number of months of out-of-state service for which credit is to be purchased; multiplied by

(4) two; plus

(5) a factor equivalent to interest at the rate of six and one-half percent, compounded annually, from the initial year of membership to the year of payment.

History

  • Authority G.S. 135-4(l); 135-6(f); S.L. 1981, C. 636
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0905 Recalculation of Benefits {#sec-20-ncac-02b-.0905 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0905}

For members already retired who purchase service under G.S. 135-4(l), as repealed by Session Law 1981-636, s. 1, where the text of the repealed statutory provision may be found in the Editor's Note to G.S. 135-4 in the 2021 Edition of the General Statutes of North Carolina, any recalculation of benefits shall be based on the law in effect at the time of the individual's retirement. The calculation of both the benefit and the cost of the credit shall include the effects of the additional service credit resulting from the purchase and all benefit increases subsequent to the date of retirement.

History

  • Authority G.S. 135-4(l); 135-6(f); S.L. 1981, C. 636
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0906 Change in Benefits {#sec-20-ncac-02b-.0906 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0906}

For members already retired, any change in benefits resulting from the provisions for out-of-state service shall become effective as of the first of the month following receipt of the required payment.

History

  • Authority G.S. 135-4(l); 135-6(f); S.L. 1981, C. 636
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02B .0907 Cost to Employer {#sec-20-ncac-02b-.0907 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0907}

History

  • Status: repealed
  • Authority G.S. 135-4(l); 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02B .0908 Payments {#sec-20-ncac-02b-.0908 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .0908}

History

  • Status: repealed
  • Authority G.S. 135-4(l); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .1001 Public School Teachers {#sec-20-ncac-02b-.1001 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1001}

History

  • Status: expired
  • Authority G.S. 135-4
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02B .1002 Service Under Wpa {#sec-20-ncac-02b-.1002 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1002}

History

  • Status: repealed
  • Authority G.S. 135-4
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .1003 Prior Service with General Assembly {#sec-20-ncac-02b-.1003 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1003}

History

  • Status: repealed
  • Authority G.S. 135-4(j1); 135-6(f)
  • Eff. October 29, 1979
  • Repealed Eff. March 1, 2023.
20 NCAC 02B .1004 Temporary Service Purchase (inchoate Rights Only) {#sec-20-ncac-02b-.1004 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1004}

(a) A member eligible under G.S. 135-4(p) to purchase service for temporary State employment shall apply for the purchase. Employer certification of temporary State employment and the compensation received for such service shall accompany the application. The application shall include: the member's Member Identification Number; last employer under the Retirement System; and the member's signature and signature date. For each temporary position for which the member desires to purchase credit, the application shall identify the government employer, position title, start date, end date, and the member's last name while working in the position. The employer' s certification shall include the position title, start and end date of the eligible period, number of months in the annual contract to perform services, beginning and ending months of the annual contract period for retirement service purposes, and the name, position, employer, email address, telephone number, signature, and signature date of the employer contact certifying the information.

(b) Temporary State employment means employment under which the member would have been unconditionally required to make contributions at the time of employment if not classified at the time of employment as a "temporary" employee.

(c) The employer cost, shall be equal to the total employee and employer rates of contribution at the member's level of compensation at the time of purchase and for the period of service being purchased, less the required member contribution.

History

  • Authority G.S. 135-4(p); 135-6(f); S.L. 2020-29
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1985; September 1, 1982
  • Readopted Eff. March 1, 2023.
20 NCAC 02B .1005 Temporary Service Purchase: Full Actuarial Liability {#sec-20-ncac-02b-.1005 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1005}

History

  • Status: repealed
  • Authority G.S. 135-4(s); 135-6(f)
  • Eff. December 1, 1983
  • Amended Eff. August 1, 1988; September 1, 1984
  • Repealed Eff. March 1, 2023.
20 NCAC 02B .1006 Part-Time Service Purchase: Full Actuarial Liability {#sec-20-ncac-02b-.1006 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1006}

"Part-time" as used in G.S. 135-4(p2) means duties performed on less than a full-time basis as classified by the employer.

History

  • Authority G.S. 135-4(p2); 135-6(f)
  • Eff. March 1, 1985
  • Readopted Eff. March 1, 2023.
20 NCAC 02B .1007 Local Government Service Purchase: Full Actuarial Liability {#sec-20-ncac-02b-.1007 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1007}

History

  • Status: repealed
  • Authority G.S. 135-4(t); 135-6(f)
  • Eff. March 1, 1985
  • Repealed Eff. March 1, 2023.
20 NCAC 02B .1101 Fee {#sec-20-ncac-02b-.1101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1101}

History

  • Status: repealed
  • Authority G.S. 135-4(k); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 2023.
20 NCAC 02B .1102 Qualification {#sec-20-ncac-02b-.1102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1102}

History

  • Status: repealed
  • Authority G.S. 135-4(k); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 2023.
20 NCAC 02B .1103 Computation of Cost {#sec-20-ncac-02b-.1103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1103}

History

  • Status: expired
  • Authority G.S. 135-4(k); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. June 1, 1984
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02B .1104 Recalculation of Benefits {#sec-20-ncac-02b-.1104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1104}

History

  • Status: repealed
  • Authority G.S. 135-4(k); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 2023.
20 NCAC 02B .1105 Change in Benefits {#sec-20-ncac-02b-.1105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1105}

History

  • Status: expired
  • Authority G.S. 135-4(k); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02B .1106 Employer Cost {#sec-20-ncac-02b-.1106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1106}

History

  • Status: repealed
  • Authority G.S. 135-4(m); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .1107 Payments {#sec-20-ncac-02b-.1107 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1107}

History

  • Status: repealed
  • Authority G.S. 135-4(m); 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .1108 Wildlife Protectors {#sec-20-ncac-02b-.1108 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1108}

History

  • Status: expired
  • Authority G.S. 135-6(f)
  • Eff. March 1, 1985
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02B .1201 Application of Section {#sec-20-ncac-02b-.1201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1201}

History

  • Status: expired
  • Authority G.S. 135-6(f)
  • Eff. October 29, 1979
  • Amended Eff. March 1, 1985
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02B .1202 Actuarial Tables {#sec-20-ncac-02b-.1202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1202}

History

  • Status: repealed
  • Authority G.S. 135-6(f)
  • Eff. October 29, 1979
  • Repealed Eff. August 1, 1981.
20 NCAC 02B .1203 Applicability of Other Sections {#sec-20-ncac-02b-.1203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1203}

History

  • Status: repealed
  • Authority G.S. 135-6(f)
  • Eff. October 29, 1979
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .1204 Definitions {#sec-20-ncac-02b-.1204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1204}

History

  • Status: repealed
  • Authority G.S. 135-6(f)
  • Eff. October 29, 1979
  • Amended Eff. March 1, 1985; June 1, 1982
  • Repealed Eff. March 1, 2023.
20 NCAC 02B .1205 Computation of Cost {#sec-20-ncac-02b-.1205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1205}

History

  • Status: repealed
  • Authority G.S. 135-6(f)
  • Eff. October 29, 1979
  • Amended Eff. March 1, 1985; June 1, 1982
  • Repealed Eff. March 1, 2023.
20 NCAC 02B .1206 Service as Court Reporter {#sec-20-ncac-02b-.1206 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1206}

History

  • Status: repealed
  • Authority G.S. 135-6(f)
  • Eff. October 29, 1979
  • Repealed Eff. March 1, 1985.
20 NCAC 02B .1207 Special Rule for Retired Applicants {#sec-20-ncac-02b-.1207 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02B .1207}

History

  • Status: repealed
  • Authority G.S. 135-4(m); 135-6(f)
  • Eff. March 1, 1982
  • Amended Eff. March 1, 1985
  • Repealed Eff. March 1, 2023.

Subchapter C

20 NCAC 02C .0101 General Information {#sec-20-ncac-02c-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0101}

General information about the Local Governmental Employees' Retirement System includes the following:

(1) The Director is the Director of the Retirement Systems Division;

(2) The mailing address and physical address is Retirement Systems Division, 3200 Atlantic Avenue, Raleigh, North Carolina 27604.

History

  • Authority G.S. 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 21, 2018
  • Amended Eff. March 1, 2023; September 1, 2019.
20 NCAC 02C .0102 Purpose {#sec-20-ncac-02c-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0102}

History

  • Status: repealed
  • Authority G.S. 128-28(g); 150A-10
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02C .0103 Forms {#sec-20-ncac-02c-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0103}

History

  • Status: repealed
  • Authority G.S. 128-28(g); 150A-10
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02C .0201 Actuarial Tables: Rates and Assumptions {#sec-20-ncac-02c-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0201}

History

  • Status: repealed
  • Authority G.S. 128-27(m); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. August 1, 1981
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .0202 Death of Retired Member {#sec-20-ncac-02c-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0202}

During the month a retired member dies, the legal representative of the deceased shall be entitled to a full check for the month in which death occurred.

History

  • Authority G.S. 128-27(m); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977.
20 NCAC 02C .0203 Disclosure of Information {#sec-20-ncac-02c-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0203}

History

  • Status: expired
  • Authority G.S. 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. March 1, 1985
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .0204 Facility of Payment {#sec-20-ncac-02c-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0204}

History

  • Status: repealed
  • Authority G.S. 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .0205 Medical Board {#sec-20-ncac-02c-.0205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0205}

In accordance with the authority contained in G.S. 128-28(l), membership of the Medical Board consists of five physicians, with a quorum of three required at meetings approving applications for disability retirement.

History

  • Authority G.S. 128-28(1)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0206 Survivor's Alternate Benefit {#sec-20-ncac-02c-.0206 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0206}

History

  • Status: expired
  • Authority G.S. 128-28(a)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .0207 Director {#sec-20-ncac-02c-.0207 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0207}

History

  • Status: repealed
  • Authority G.S. 128-28(a)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02C .0208 Transfer of Membership {#sec-20-ncac-02c-.0208 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0208}

History

  • Status: repealed
  • Filed as an Emergency Regulation Eff. October 29, 1979, to be Eff. for a Period of 90 Days
  • to Expire on January 27, 1980
  • Statutory Authority G.S. 128-28(g)
  • Repealed Eff. March 1, 1985.
20 NCAC 02C .0209 Retroactive Membership Service {#sec-20-ncac-02c-.0209 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0209}

History

  • Status: expired
  • Authority G.S. 128-24(1); 128-28(g)
  • Eff. June 1, 1984
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .0210 Definitions {#sec-20-ncac-02c-.0210 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0210}

(a) "Surety" means a written agreement, constituting both a resolution and an "acknowledgement and acceptance letter" as described in Rule .0211 of this Section, given for the fulfillment and guarantee of the withdrawal payment to cease participation in the Retirement System under G.S. 128-30(i).

(b) "Estimated Withdrawal Liability" means the withdrawal liability under the terms of G.S. 128-30(i) estimated by the Division's consulting actuary. The estimate shall be prepared under the assumption that the participating employer will cease participation 10 years after initial participation.

(c) "Non-taxing authority" ("NTA") means as an otherwise eligible employer that is not a taxing unit, as defined by G.S. 105-273(16).

History

  • Authority G.S. 128-23(i)
  • Eff. October 1, 2023.
20 NCAC 02C .0211 Surety for Non-Taxing Authority Participation {#sec-20-ncac-02c-.0211 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0211}

(a) An NTA shall provide surety to the Board establishing any withdrawal liability the NTA may incur will be paid by submitting a resolution adopted by the NTA's governing body stating the NTA is maintaining an amount equal to or greater than the Estimated Withdrawal Liability in a secure financial instrument and will maintain the funds in such an instrument, including any other secure financial instrument, throughout its participation in the Retirement System. A secure financial instrument may include: an escrow account, a letter of credit, a bond, a deed of trust, or a deposit in the Ancillary Governmental Participant Investment Program (AGPIP) under G.S. 147-69.3 to the extent such an investment by the NTA is permitted by the Internal Revenue Code and State law.

(b) Any NTA submitting a resolution required under Paragraph (a) of this Rule must also submit to the Division an "acknowledgement and acceptance letter" signed by a person or persons authorized to act on behalf of the NTA. The letter must acknowledge the specific amount of the Estimated Withdrawal Liability; acknowledge that the actual amount of the withdrawal liability, if incurred, will differ from the Estimated Withdrawal Liability; accept the obligation to pay the actual withdrawal liability, if incurred; and attest that the entity has reviewed the withdrawal-related requirements of G.S. 128-30(i).

History

  • Authority G.S. 128-23(i)
  • Eff. October 1, 2023.
20 NCAC 02C .0212 Local Governmental Employees' Retirement System Overpayment Safe Harbor {#sec-20-ncac-02c-.0212 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0212}

(a) The Board of Trustees determines that the following causes of overpayments are not entirely due to administrative error on the part of the Retirement Systems Division:

(1) The beneficiary received, but did not repay to the Retirement System, a benefit from the Social Security Administration, the U.S. Department of Veterans Affairs, other federal agency payments, Workers' Compensation, or the State's military disability program under G.S. 127A-108, where such benefits are required by law to be offset from Retirement System benefits, or where repayment of such benefits was agreed upon as a condition of approval for benefits from the Retirement System.

(2) The beneficiary, the beneficiary's employer, or the beneficiary's authorized agent submitted information on an official form to the Retirement Systems Division, either on paper or electronically, that differed from the information ultimately used to determine the eligibility for, or amount of, benefits due.

(3) The Retirement Systems Division requested information necessary to initiate or continue the payment of benefits, by sending a letter to the mailing address that the beneficiary, the beneficiary's employer, or the beneficiary's authorized agent on file with the Retirement Systems Division, allowing at least three weeks between the date of the letter and the date for a response to be received, and the Retirement Systems Division did not receive a response by the time requested.

(4) A State or local government agency reported information to the Retirement Systems Division, including employment status, dates of service, or amounts of compensation, which changed the eligibility for, or amount of, benefits due to the beneficiary.

(5) The beneficiary experienced a forfeiture of creditable service for having been convicted of a felony under the provisions of G.S. 128-38.4 or G.S. 128-38.4A.

(b) The Retirement Systems Division may initiate a review of the facts and circumstances related to the origin of any overpayment from the Retirement System, with the purpose of determining if the overpayment was entirely due to administrative error on the part of the Retirement Systems Division and therefore eligible for the alternate repayment terms of G.S. 128-31(c1). The Director of the Retirement Systems Division shall, upon receipt of a written request by a beneficiary, beneficiary's employer, or the beneficiary's authorized agent, initiate such a review. If the Director determines the overpayment is not entirely due to administrative error on the part of the Retirement Systems Division, the Retirement Systems Division shall issue a letter to the requestor setting forth the reason or reasons for the denial. The Director shall make determinations on such requests pursuant to the authority provided under 20 NCAC 02A .0103.

History

  • Authority G.S. 128-28(g); 128-31(c1)
  • Eff. July 1, 2024.
20 NCAC 02C .0213 Evidence Required for Inactive Employer Extension Request {#sec-20-ncac-02c-.0213 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0213}

"Clear and Convincing Evidence" includes all of the following:

(1) Job description of all vacant positions requiring membership in the Local Governmental Employees' Retirement System.

(2) The date the positions are expected to be filled or status of recruitment.

(3) Confirmation that the positions are funded in the employer's most recent budget.

(4) Statement that the employer will continue to issue financial statements recognizing its share of the Local Governmental Employees' Retirement System costs, if any, under the governmental accounting standards of the Governmental Accounting Standards Board. The statement shall be signed by an authorized representative of the employer.

History

  • Authority G.S. 128-23.1(d); 128-28(g)
  • Eff. January 1, 2025.
20 NCAC 02C .0301 Designation {#sec-20-ncac-02c-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0301}

Any beneficiary designated, other than the estate of the member or a trustee named by and acting for the member, must be a living person at the time the designation is made. If it is desired that the estate be beneficiary, this should be indicated on the form.

History

  • Authority G.S. 128-27; 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0302 Principal Beneficiary {#sec-20-ncac-02c-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0302}

(a) More than one principal beneficiary may be designated for the return of accumulated contributions under the provisions of G.S. 128-27(f) to share equally. In the event of the death of any so designated principal beneficiary for the return of accumulated contributions, those surviving principal beneficiaries shall share equally in the total benefits. However, if there is only one living designated principal beneficiary for the return of accumulated contributions at the member's death and the member has met all other requirements under the provisions of G.S. 128-27(m), the designated principal beneficiary may elect to receive the alternative benefit under the provisions of G.S. 128-27(m).

(b) More than one principal beneficiary may be designated for the death benefit of an active member or a retired member under the provisions of G.S. 128-27(l), 128-27(l1), or 128-27(l6) to share equally. In the event of the death of any so designated principal beneficiary for the death benefit of an active member or retired member, those surviving principal beneficiaries shall share equally in the total benefits.

(c) More than one principal beneficiary may be designated for the guaranteed refund under the provisions of G.S. 128-27(g1) to share equally. In the event of the death of any so designated principal beneficiary for the guaranteed refund, those surviving principal beneficiaries shall share equally in the total benefits.

History

  • Authority G.S. 128-27(f); 128-27(g1); 128-27(l); 128-27(l1); 128-27(l6); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0303 No Living Beneficiary {#sec-20-ncac-02c-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0303}

If no designated beneficiary, whether principal or contingent, is living at the time of the member's death, payment of the amount due, if any, will be made to the administrator or executor of the estate or the collector of funds for the estate of the member.

History

  • Authority G.S. 128-27(g); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0304 Payments to Beneficiaries {#sec-20-ncac-02c-.0304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0304}

(a) Payments to beneficiaries who are minors will be made to an appointed guardian or to the clerk of the superior court in the county which the beneficiary resides to the extent that such payment is authorized by law.

(b) In the event that the appointed guardian or the clerk of superior court in the county in which the beneficiary resides is unwilling or unable to accept payment on behalf of the minor beneficiary, payment may be made to a custodian in accordance with Chapter 33A of the North Carolina General Statutes, entitled North Carolina Uniform Transfers to Minors Act.

History

  • Authority G.S. 128-27(g); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0305 Status Change {#sec-20-ncac-02c-.0305 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0305}

History

  • Status: repealed
  • Authority G.S. 128-27(g); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02C .0306 Beneficiary Change {#sec-20-ncac-02c-.0306 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0306}

Prior to retirement, the member may, at any time, change any beneficiaries designated for the return of accumulated contributions under the provisions of G.S. 128-27(f) or the death benefit for active members under the provisions of G.S. 128-27(l) or 128-27(l1) A retired member may, at any time, change any beneficiaries designated for:

(1) The guaranteed refund under the provisions of G.S. 128-27(g1) until such time as the funds have been depleted;

(2) The death benefit for active members under the provisions of G.S. 128-27(l) or 128-27(l1) provided the change is submitted within 180 calendar days after the member's last active day of service; or

(3) The death benefit for retired members under the provisions of G.S. 128-27(l6).

The member shall submit any such change to the Board of Trustees using the form approved by the Board of Trustees for designation of the beneficiary for that purpose.

History

  • Authority G.S. 128-27(g); 128-27(g1); 128-27(l); 128-27(l1); 128-27(l6); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0307 Contingent Beneficiary {#sec-20-ncac-02c-.0307 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0307}

(a) The following shall apply to designating a contingent beneficiary for the return of accumulated contributions under the provisions of G.S. 128-27(f):

(1) A principal beneficiary may be designated for the return of accumulated contributions with the stipulation that should the principal beneficiary predecease the member, payment of the amount due, if any, shall be made to the designated contingent beneficiary or beneficiaries for the return of accumulated contributions.

(2) If more than one principal beneficiary is designated for the return of accumulated contributions, payment of the amount due, if any, shall be paid to any surviving principal beneficiaries designated for the return of accumulated contributions, sharing equally in the total benefits payable, and shall not be paid to any contingent beneficiary.

(3) It is permissible to designate more than one contingent beneficiary for the return of accumulated contributions. Payment of the amount due, if any, shall be paid to the surviving contingent beneficiaries designated for the return of accumulated contributions, sharing equally in the total benefits, only in the event that there is no surviving principal beneficiary designated for the return of accumulated contributions.

(b) The following shall apply to designating a contingent beneficiary for the death benefit under the provisions of G.S. 128-27(l), 128-27(l1), or 128-27(l6):

(1) A principal beneficiary may be designated for the death benefit of an active member or retired member with the stipulation that should the principal beneficiary predecease the member, payment of the amount due, if any, shall be made to the designated contingent beneficiary or beneficiaries for the death benefit.

(2) If more than one principal beneficiary is designated for the death benefit, payment of the amount due, if any, shall be paid to any surviving principal beneficiaries designated for the death benefit, sharing equally in the total benefits payable, and shall not be paid to any contingent beneficiary.

(3) It is permissible to designate more than one contingent beneficiary for the death benefit. Payment of the amount due, if any, shall be paid to the surviving contingent beneficiaries designated for the death benefit, sharing equally in the total benefits, only in the event that there is no surviving principal beneficiary designated for the death benefit.

(c) The following shall apply to designating a contingent beneficiary for the guaranteed refund under the provisions of G.S. 128-27(g1):

(1) A principal beneficiary may be designated for the guaranteed refund with the stipulation that should the principal beneficiary predecease the member, payment of the amount due, if any, shall be made to the designated contingent beneficiary or beneficiaries for the guaranteed refund.

(2) If more than one principal beneficiary is designated for the guaranteed refund, payment of the amount due, if any, shall be paid to any surviving principal beneficiaries designated for the guaranteed refund, sharing equally in the total benefits payable, and shall not be paid to any contingent beneficiary.

(3) It is permissible to designate more than one contingent beneficiary for the guaranteed refund. Payment of the amount due, if any, shall be paid to the surviving contingent beneficiaries designated for the guaranteed refund, sharing equally in the total benefits, only in the event that there is no surviving principal beneficiary designated for the guaranteed refund.

History

  • Authority G.S. 128-27(f); 128-27(g1); 128-27(l); 128-27(l1); 128-27(l6); 128-28(g)
  • Eff. March 1, 2023.
20 NCAC 02C .0401 Contribution Rates {#sec-20-ncac-02c-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0401}

History

  • Status: repealed
  • Filed as an Emergency Amendment [(a)] Eff. July 1, 1979, to be Eff. for a Period of 120 Days
  • to Expire on October 29, 1979
  • Statutory Authority G.S. 128-28(o); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Emergency Amendment [(a)] Made Permanent Eff. October 29, 1979
  • Repealed Eff. August 1, 1981.
20 NCAC 02C .0402 Employer's Contributions {#sec-20-ncac-02c-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0402}

All units shall forward to the Retirement System the employer's contributions monthly at the same time the employee's contributions are forwarded.

History

  • Authority G.S. 128-28(g); 128-30(g)(1)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0403 Refunds {#sec-20-ncac-02c-.0403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0403}

(a) The Retirement System will make no refunds of employer contributions, paid into the pension accumulation fund by the employer in the amount equal to a percentage of the actual compensation of each member, in cases of erroneous employee deductions except those which are corrected by the employing unit on a subsequent payroll within the calendar year in which the errors occur.

(b) Notwithstanding Paragraph (a) of this Rule, an error occurring in December may be corrected, and the associated employer contribution be refunded in the form of a credit toward future required employer contributions, by the employer's submission of a revised payroll report for the correct amount before January 31 of the following year.

(c) If an employer makes an additional contribution to the pension accumulation fund as a result of the contribution-based benefit cap, and the Retirement System receives information which alters the calculation of the retirement benefit used to determine the contribution under the provisions of G.S. 128-30(g)(2)b., any contribution not required based on the new information will be refunded to the employer in the form of a credit toward future required employer contributions.

(d) If an Employer makes a contribution to the pension accumulation fund that was not required, or the Retirement Systems Division must repay or reimburse an employer for any reason, then the funds shall be refunded or paid in the form of a credit to be used toward future required employer contributions.

History

  • Authority G.S. 128-22; 128-28(g); 128-30(g)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977
  • Amended Eff. January 1, 2025.
20 NCAC 02C .0404 Due Date of Contributions {#sec-20-ncac-02c-.0404 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0404}

Both the employee and employer contributions are due in the Raleigh office of the Retirement System no later than the fifth State government working day of the month succeeding the month for which the contributions are required. Contributions received after the fifth State government working day of the month are delinquent.

History

  • Authority G.S. 128-28(g); 128-30(g)
  • Eff. March 1, 1992
  • Readopted Eff. March 1, 2023.
20 NCAC 02C .0405 Anti-Pension Spiking Contribution-Based Benefit Cap Factor (lgers) {#sec-20-ncac-02c-.0405 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0405}

History

  • Status: repealed
  • Authority G.S. 128-26(y); 128-27(a3); 128-28(g)
  • Eff. May 1, 2018
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .0501 Disability Examination {#sec-20-ncac-02c-.0501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0501}

The Medical Board is authorized to conduct an examination in doubtful cases of disability to determine whether the member continues to be eligible for a disability retirement pursuant to G.S. 128-27(c), paying the expense of the same from the Pension Accumulation Fund.

History

  • Authority G.S. 128-22; 128-27(c); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0502 Disability Retirement Reports {#sec-20-ncac-02c-.0502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0502}

When the Medical Board, subsequent to a disability retirement, reports that the retired member is engaged in or is able to engage in a gainful occupation, any adjustment required by G.S. 128-27(e)(1) will be made prospectively only and will not require any refund to the State of payments made during the period before a report is made indicating changed status.

History

  • Authority G.S. 128-27(e)(1); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0503 Fees: Independent Medical Exams-Disability Retirements {#sec-20-ncac-02c-.0503 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0503}

History

  • Status: repealed
  • Authority G.S. 128-27(c); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. August 1, 1981
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .0504 Reinstatement to Active Service {#sec-20-ncac-02c-.0504 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0504}

When members on disability retirement are reinstated to active service, no interest shall be allowed on their accounts during the year of reinstatement.

History

  • Authority G.S. 128-28(g); 128-29(b)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0505 Local Governmental Employees' Retirement System Disability Retirement Reexamination {#sec-20-ncac-02c-.0505 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0505}

A beneficiary in receipt of disability retirement benefits under G.S. 128-27(c), who has submitted to the Retirement System a letter from the Social Security Administration confirming their eligibility for primary Social Security disability benefits, shall not be subject to medical reexamination set forth in G.S. 128-27(e).

History

  • Authority G.S. 128-27(e); 128-28(g)
  • Eff. January 1, 2025.
20 NCAC 02C .0601 Stock Purchase {#sec-20-ncac-02c-.0601 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0601}

History

  • Status: repealed
  • Authority G.S. 128-29; 128-29.1; 128-28(g)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02C .0602 Investment Committee {#sec-20-ncac-02c-.0602 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0602}

History

  • Status: repealed
  • Authority G.S. 128-29; 128-29.1; 128-28(g)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02C .0603 Funds of the System {#sec-20-ncac-02c-.0603 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0603}

History

  • Status: repealed
  • Authority G.S. 128-29; 128-29.1; 128-28(g)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02C .0604 Equity Reserve {#sec-20-ncac-02c-.0604 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0604}

History

  • Status: repealed
  • Authority G.S. 128-29; 128-29.1; 128-28(g)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02C .0701 Educational Leaves of Absence {#sec-20-ncac-02c-.0701 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0701}

History

  • Status: expired
  • Authority G.S. 128-28(g); 128-30(b)(4)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. March 1, 1982
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .0702 Limitation {#sec-20-ncac-02c-.0702 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0702}

History

  • Status: repealed
  • Authority G.S. 128-30(b)(4); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1982.
20 NCAC 02C .0703 Prior Service Credit {#sec-20-ncac-02c-.0703 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0703}

History

  • Status: repealed
  • Authority G.S. 128-30(b)(4); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1982.
20 NCAC 02C .0704 Workers' Compensation Leaves of Absence {#sec-20-ncac-02c-.0704 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0704}

(a) Purchases of creditable service for leaves of absence prior to July 1, 1983 shall be made in the same manner as prescribed in 20 NCAC 02C .1500, as then effective.

(b) Members who had leaves of absence which otherwise met all requirements of law for purchase as creditable service except that the leaves of absence interrupted membership in the Teachers' and State Employees' Retirement System or the Law Enforcement Officers' Retirement System and whose membership service before and after the leaves of absence has become membership service in the Local Governmental Employees' Retirement System, may purchase creditable service as in Paragraph (a) of this Rule.

(c) Members may purchase creditable service for leaves of absence only when they have membership service credits immediately prior to and immediately after the leaves of absence and such membership service is creditable service at the time of purchase.

History

  • Authority G.S. 128-26(1); 128-28(g)
  • Eff. December 1, 1983
  • Amended Eff. August 1, 1988
  • Readopted Eff. March 1, 2023.
20 NCAC 02C .0801 Participation {#sec-20-ncac-02c-.0801 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0801}

20 NCAC 02C .0802 REGULARLY EMPLOYED

History

  • Authority G.S. 128-21(10); 128-25; 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .0803 Transferred Service {#sec-20-ncac-02c-.0803 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0803}

History

  • Status: expired
  • Authority G.S. 128-28(g)
  • Eff. September 21, 1977
  • Amended Eff. March 1, 1985; September 1, 1982
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .0901 Leave {#sec-20-ncac-02c-.0901 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0901}

When a member on military leave has withdrawn all of the member's contributions, the member shall be permitted to pay back the amount withdrawn, to the extent permitted by law, restore membership, and receive credit for the associated period of military leave.

History

  • Authority G.S. 128-26(i1); 128-27(f); 128-28(g); S.L. 1987, C. 617
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0902 Fee {#sec-20-ncac-02c-.0902 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0902}

History

  • Status: repealed
  • Authority G.S. 128-26(a); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .0903 Qualifying for Credit {#sec-20-ncac-02c-.0903 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0903}

History

  • Status: expired
  • Authority G.S. 128-26(a); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .0904 Computation of Cost {#sec-20-ncac-02c-.0904 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0904}

The cost of purchasing credit for military service is calculated as follows:

(1) the monthly compensation the member earned when the member first entered membership; multiplied by

(2) the contribution rate at the time the member first entered membership; multiplied by

(3) the number of months of military service for which credit is to be purchased; plus

(4) a factor equivalent to interest at the rate of six and one-half percent, compounded annually, from the initial year of membership to the year of payment.

History

  • Authority G.S. 128-26(a); 128-28(g); S.L. 1987, C. 617
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. March 1, 2023.
20 NCAC 02C .0905 Contribution Rate {#sec-20-ncac-02c-.0905 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0905}

History

  • Status: repealed
  • Authority G.S. 128-26(a); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. August 1, 1981.
20 NCAC 02C .0906 Civil Service Program {#sec-20-ncac-02c-.0906 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0906}

A member of the Local Governmental Employees' Retirement System whose employment in this State requires the member to participate in the Federal Civil Service Program in lieu of the Social Security program shall not be barred from receiving military service credit for which the member is otherwise eligible in the Retirement System despite the fact that the member may also receive credit under the Federal Civil Service Program for the same period of military service, provided that the member makes the required payment.

History

  • Authority G.S. 128-26(a); 128-28(g); S.L. 1987, C. 617
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0907 Exclusion {#sec-20-ncac-02c-.0907 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0907}

The exclusion for purchase of service in the Armed Forces of the United States as it pertains to credit for any other retirement system shall not include "service-connected disability" benefits received from the Veterans Administration of the Federal Government except when such benefits are a supplement to a military longevity retirement ("retired pay") benefit. The term "service-connected disability" has the same meaning as used in Title 38, Chapter 11 of the United States Code which is hereby incorporated by reference, including subsequent additions and amendments, and is available online, at no cost, at https://uscode.house.gov/browse/prelim@title38/part2&edition=prelim. The term "retired pay" has the same meaning as used in Title 10, Chapter 71 of the United States Code which is hereby incorporated by reference, including subsequent additions and amendments, and is available online, at no cost, at https://uscode.house.gov/browse/prelim@title10/subtitleA/part2/chapter71&edition=prelim.

History

  • Authority G.S. 128-26(a); 128-28(g); S.L. 1987, C. 617
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0908 Recalculation of Benefits {#sec-20-ncac-02c-.0908 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0908}

For members already retired who obtain military service credit, any recalculation of benefits shall be based on the law in effect at the time of the individual's retirement. The calculation of both the benefit and the cost of the credit shall include the effects of the additional service credit resulting from the purchase and all benefit increases subsequent to the date of retirement.

History

  • Authority G.S. 128-26(a); 128-28(g); S.L. 1987, C. 617
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0909 Change in Benefits {#sec-20-ncac-02c-.0909 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0909}

For members already retired, any change in benefits resulting from the provisions for obtaining military service credit shall become effective as of the first of the month following receipt of the required payment.

History

  • Authority G.S. 128-26(a); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .0910 Employer Portion of Annual Cost {#sec-20-ncac-02c-.0910 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0910}

History

  • Status: repealed
  • Authority G.S. 128-26(a); 128-28(g)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02C .0911 Payments {#sec-20-ncac-02c-.0911 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0911}

History

  • Status: repealed
  • Authority G.S. 128-26(a); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02C .0912 Initial Period of Active Duty {#sec-20-ncac-02c-.0912 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .0912}

History

  • Status: expired
  • Authority G.S. 128-26(a); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .1001 Fee {#sec-20-ncac-02c-.1001 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1001}

History

  • Status: repealed
  • Authority G.S. 128-26(j); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .1002 Qualifying for Credit {#sec-20-ncac-02c-.1002 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1002}

In order to qualify, each individual must pay for all or such portion in full years as the member desires of out-of-state service for which the member is eligible.

History

  • Authority G.S. 128-26(j); 128-28(g); S.L. 1987, C. 617
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .1003 Other Governmental Subdivision {#sec-20-ncac-02c-.1003 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1003}

"Other governmental subdivision of the United States" means a state or territory and its subdivisions but not the United States Government.

History

  • Authority G.S. 128-28(g); S.L. 1987, C. 617
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. August 1, 1988
  • Readopted Eff. March 1, 2023.
20 NCAC 02C .1004 Computation of Cost {#sec-20-ncac-02c-.1004 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1004}

The cost of purchasing credit for out-of-state service is calculated as follows:

(1) the monthly compensation the member earned when the member first entered membership service; multiplied by

(2) the employee contribution rate at that time; multiplied by

(3) the number of months of out-of-state service for which credit is to be purchased; multiplied by

(4) two; plus

(5) a factor equivalent to interest at the rate of six and one-half percent, compounded annually, from the year of initial membership to the year of payment.

History

  • Authority G.S. 128-26(j); 128-28(g); S.L. 1987, C. 617
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .1005 No Cost to Local Units {#sec-20-ncac-02c-.1005 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1005}

History

  • Status: repealed
  • Authority G.S. 128-26(j); 128-28(g)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02C .1006 Recalculation of Benefits {#sec-20-ncac-02c-.1006 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1006}

For members already retired who purchase service under G.S. 128-26(j), as repealed by Session Law 1987-617, s. 3, where the text of the repealed statutory provision may be found in the Editor's Note to G.S. 128-26 in the 2021 Edition of the General Statutes of North Carolina, any recalculation of benefits shall be based on the law in effect at the time of the individual's retirement. The calculation of both the benefit and the cost of the credit shall include the effects of the additional service credit resulting from the purchase and all benefit increases subsequent to the date of retirement.

History

  • Authority G.S. 128-26(j); 128-28(g); S.L. 1987, C. 617
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .1007 Change in Benefits {#sec-20-ncac-02c-.1007 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1007}

For members already retired, any change in benefits resulting from the provisions for obtaining credit for out-of-state service shall become effective as of the first of the month following receipt of the required payment.

History

  • Authority G.S. 128-26(j); 128-28(g); S.L. 1987, C. 617
  • Eff. February 1, 1976
  • Readopted Eff. March 1, 2023; September 21, 1977.
20 NCAC 02C .1008 Payments {#sec-20-ncac-02c-.1008 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1008}

History

  • Status: repealed
  • Authority G.S. 128-26(j); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02C .1101 Employment by a Water Works {#sec-20-ncac-02c-.1101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1101}

History

  • Status: expired
  • Authority G.S. 128-26; 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .1102 Nurses {#sec-20-ncac-02c-.1102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1102}

History

  • Status: expired
  • Authority G.S. 128-26; 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .1201 Service Retirement {#sec-20-ncac-02c-.1201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1201}

History

  • Status: repealed
  • Authority G.S. 128-24(4)a.; 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .1202 Failure to Respond {#sec-20-ncac-02c-.1202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1202}

History

  • Status: expired
  • Authority G.S. 128-27(a); 128-28(g); 128-34
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .1203 Membership in Both Systems {#sec-20-ncac-02c-.1203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1203}

History

  • Status: expired
  • Authority G.S. 128-27(a); 128-28(g); 128-34
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .1204 Average Final Compensation {#sec-20-ncac-02c-.1204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1204}

The term "consecutive calendar years" is defined for the purpose of determining retirement allowances as a period of time consisting of a number of calendar months of creditable service equal to 12 times the number of years specified by statute during which the highest total compensation was earned, adjusted proportionally to the regular term of annual employment.

History

  • Authority G.S. 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977.
20 NCAC 02C .1301 Fee {#sec-20-ncac-02c-.1301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1301}

History

  • Status: repealed
  • Authority G.S. 128-26(i); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .1302 Qualifying for Credit {#sec-20-ncac-02c-.1302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1302}

History

  • Status: repealed
  • Authority G.S. 128-26(i); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .1303 Computation of Cost {#sec-20-ncac-02c-.1303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1303}

History

  • Status: expired
  • Authority G.S. 128-26(i); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. June 1, 1984
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .1304 Contribution Rate {#sec-20-ncac-02c-.1304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1304}

History

  • Status: repealed
  • Authority G.S. 128-26(i); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. August 1, 1981.
20 NCAC 02C .1305 Recalculation of Benefits {#sec-20-ncac-02c-.1305 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1305}

History

  • Status: expired
  • Authority G.S. 128-26(i); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .1306 Change in Benefits {#sec-20-ncac-02c-.1306 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1306}

History

  • Status: expired
  • Authority G.S. 128-26(i); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .1307 Employer Portion of Annual Cost {#sec-20-ncac-02c-.1307 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1307}

History

  • Status: repealed
  • Authority G.S. 128-26(i); 128-28(g)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02C .1308 Payments {#sec-20-ncac-02c-.1308 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1308}

History

  • Status: repealed
  • Authority G.S. 128-26(i); 128-28(g)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02C .1401 Application of Section {#sec-20-ncac-02c-.1401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1401}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. October 29, 1979, to be Eff. for a Period of 90 Days
  • to Expire on January 27, 1980
  • Statutory Authority G.S. 128-28(g)
  • Expired Eff. January 27, 1980.
20 NCAC 02C .1402 Actuarial Tables {#sec-20-ncac-02c-.1402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1402}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. October 29, 1979, to be Eff. for a Period of 90 Days
  • to Expire on January 27, 1980
  • Statutory Authority G.S. 128-28(g)
  • Expired Eff. January 27, 1980.
20 NCAC 02C .1403 Applicability of Other Sections {#sec-20-ncac-02c-.1403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1403}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. October 29, 1979, to be Eff. for a Period of 90 Days
  • to Expire on January 27, 1980
  • Statutory Authority G.S. 128-28(g)
  • Expired Eff. January 27, 1980.
20 NCAC 02C .1404 Definitions {#sec-20-ncac-02c-.1404 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1404}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. October 29, 1979, to be Eff. for a Period of 90 Days
  • to Expire on January 27, 1980
  • Statutory Authority G.S. 128-28(g)
  • Expired Eff. January 27, 1980.
20 NCAC 02C .1405 Computation of Cost {#sec-20-ncac-02c-.1405 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1405}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. October 29, 1979, to be Eff. for a Period of 90 Days
  • to Expire on January 27, 1980
  • Statutory Authority G.S. 128-28(g)
  • Expired Eff. January 27, 1980.
20 NCAC 02C .1406 Extent of Service to Be Purchased {#sec-20-ncac-02c-.1406 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1406}

History

  • Status: expired
  • Filed as an Emergency Regulation Eff. October 29, 1979, to be Eff. for a Period of 90 Days
  • to Expire on January 27, 1980
  • Statutory Authority G.S. 128-28(g)
  • Expired Eff. January 27, 1980.
20 NCAC 02C .1501 Application of Section {#sec-20-ncac-02c-.1501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1501}

History

  • Status: repealed
  • Authority G.S. 128-26(k); 128-28(g)
  • Eff. December 1, 1981
  • Amended Eff. March 1, 1985
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .1502 Applicability of Other Sections {#sec-20-ncac-02c-.1502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1502}

History

  • Status: repealed
  • Authority G.S. 128-26(k); 128-28(g)
  • Eff. December 1, 1981
  • Repealed Eff. March 1, 1985.
20 NCAC 02C .1503 Definitions {#sec-20-ncac-02c-.1503 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1503}

History

  • Status: repealed
  • Authority G.S. 128-26(k); 128-28(g)
  • Eff. December 1, 1981
  • Amended Eff. March 1, 1985; June 1, 1982
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .1504 Computation of Cost {#sec-20-ncac-02c-.1504 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1504}

History

  • Status: repealed
  • Authority G.S. 128-26(k); 128-28(g)
  • Eff. December 1, 1981
  • Amended Eff. March 1, 1985; June 1, 1982
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .1505 Extent of Service to Be Purchased {#sec-20-ncac-02c-.1505 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1505}

History

  • Status: repealed
  • Authority G.S. 128-26(k); 128-28(g)
  • Eff. December 1, 1981
  • Amended Eff. March 1, 1985; June 1, 1982
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .1506 Special Rule for Retired Applicants {#sec-20-ncac-02c-.1506 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1506}

History

  • Status: repealed
  • Authority G.S. 128-26(k); 128-28(g)
  • Eff. June 1, 1982
  • Amended Eff. March 1, 1985
  • Repealed Eff. March 1, 2023.
20 NCAC 02C .1601 Application of Section {#sec-20-ncac-02c-.1601 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1601}

History

  • Status: expired
  • Authority G.S. 128-21(10); 128-24(1); 128-28(g)
  • Eff. June 1, 1986
  • Amended Eff. August 1, 1988
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .1602 Eligibility {#sec-20-ncac-02c-.1602 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1602}

History

  • Status: expired
  • Authority G.S. 128-21(10); 128-24(1); 128-28(g)
  • Eff. June 1, 1986
  • Amended Eff. August 1, 1988
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02C .1603 Computation of Cost {#sec-20-ncac-02c-.1603 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02C .1603}

History

  • Status: expired
  • Authority G.S. 128-21(10); 128-24(1); 128-28(g)
  • Eff. June 1, 1986
  • Amended Eff. August 1, 1988
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.

Subchapter D

20 NCAC 02D .0101 General Information {#sec-20-ncac-02d-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0101}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-32; 135-34
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. December 1, 1982; October 29, 1979
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0102 Purposes: Functions: and Duties {#sec-20-ncac-02d-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0102}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-33
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. December 1, 1982.
20 NCAC 02D .0103 Authority to Appoint Advisory Committee {#sec-20-ncac-02d-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0103}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-33
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. December 1, 1982.
20 NCAC 02D .0201 Definitions {#sec-20-ncac-02d-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0201}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0202 Membership {#sec-20-ncac-02d-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0202}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0203 Contributions {#sec-20-ncac-02d-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0203}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0204 Benefits {#sec-20-ncac-02d-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0204}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0205 Rehabilitation {#sec-20-ncac-02d-.0205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0205}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0206 Physical Examination {#sec-20-ncac-02d-.0206 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0206}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0207 Payment of Claims {#sec-20-ncac-02d-.0207 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0207}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0208 Assignment {#sec-20-ncac-02d-.0208 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0208}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0209 Management of Funds {#sec-20-ncac-02d-.0209 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0209}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0210 Termination of the Plan {#sec-20-ncac-02d-.0210 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0210}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0211 Agreement {#sec-20-ncac-02d-.0211 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0211}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0212 Employee Disability Fund {#sec-20-ncac-02d-.0212 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0212}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0213 Forms {#sec-20-ncac-02d-.0213 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0213}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0214 Instructions for Use of Forms {#sec-20-ncac-02d-.0214 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0214}

History

  • Status: repealed
  • Authority G.S. 135-34; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 02D .0301 Contract {#sec-20-ncac-02d-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0301}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-33
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979; July 1, 1978
  • Repealed Eff. December 1, 1982.
20 NCAC 02D .0302 Program Provisions {#sec-20-ncac-02d-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0302}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-33
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979; July 1, 1978
  • Repealed Eff. December 1, 1982.
20 NCAC 02D .0303 Effective Dates {#sec-20-ncac-02d-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0303}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0304 Contribution Rate {#sec-20-ncac-02d-.0304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0304}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. July 1, 1978.
20 NCAC 02D .0305 Types of Coverage {#sec-20-ncac-02d-.0305 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0305}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-33
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. December 1, 1982.
20 NCAC 02D .0306 Split Contract {#sec-20-ncac-02d-.0306 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0306}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-33
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. December 1, 1982.
20 NCAC 02D .0307 Supplementary Plans {#sec-20-ncac-02d-.0307 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0307}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0308 Retirement {#sec-20-ncac-02d-.0308 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0308}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0309 Payment {#sec-20-ncac-02d-.0309 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0309}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-33; 135-33.1; 135-36
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Repealed Eff. December 1, 1982.
20 NCAC 02D .0310 Eligibility {#sec-20-ncac-02d-.0310 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0310}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-33; 135-33.1; 135-36
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. October 29, 1979
  • Repealed Eff. December 1, 1982.
20 NCAC 02D .0311 Open Enrollment {#sec-20-ncac-02d-.0311 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0311}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0312 Agent {#sec-20-ncac-02d-.0312 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0312}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0313 Changes: Benefit Plans {#sec-20-ncac-02d-.0313 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0313}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0314 Enrollment and Administration {#sec-20-ncac-02d-.0314 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0314}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0315 Filing of Claims {#sec-20-ncac-02d-.0315 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0315}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-33
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. December 1, 1982.
20 NCAC 02D .0316 Changes in Family Status {#sec-20-ncac-02d-.0316 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0316}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-33
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. December 1, 1982.
20 NCAC 02D .0317 Separation from Service {#sec-20-ncac-02d-.0317 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0317}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-33
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. December 1, 1982.
20 NCAC 02D .0318 Leave of Absence {#sec-20-ncac-02d-.0318 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0318}

History

  • Status: repealed
  • Authority G.S. 135-6(f); 135-33
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. December 1, 1982.
20 NCAC 02D .0319 Documents Attached {#sec-20-ncac-02d-.0319 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0319}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0320 Termination {#sec-20-ncac-02d-.0320 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0320}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0321 Termination of Certificates {#sec-20-ncac-02d-.0321 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0321}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0322 Previous Contract {#sec-20-ncac-02d-.0322 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0322}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0401 Benefit Administration {#sec-20-ncac-02d-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0401}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0402 Retention {#sec-20-ncac-02d-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0402}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0403 Incurred Claims Expense {#sec-20-ncac-02d-.0403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0403}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0404 Projected Expense Ratio {#sec-20-ncac-02d-.0404 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0404}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0405 Stabilization Reserves {#sec-20-ncac-02d-.0405 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0405}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0406 Rating Procedures {#sec-20-ncac-02d-.0406 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0406}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0407 Accounting {#sec-20-ncac-02d-.0407 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0407}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0408 Agreement Intent {#sec-20-ncac-02d-.0408 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0408}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0409 Annual Reports {#sec-20-ncac-02d-.0409 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0409}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0410 Retention {#sec-20-ncac-02d-.0410 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0410}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0411 Income and Claims Experience {#sec-20-ncac-02d-.0411 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0411}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0501 Benefits Provision {#sec-20-ncac-02d-.0501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0501}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0502 Definitions {#sec-20-ncac-02d-.0502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0502}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0503 Effect on Benefits {#sec-20-ncac-02d-.0503 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0503}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0504 Implementation {#sec-20-ncac-02d-.0504 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0504}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0505 Facility of Payment {#sec-20-ncac-02d-.0505 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0505}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0506 Right of Recovery {#sec-20-ncac-02d-.0506 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0506}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0601 Days Available {#sec-20-ncac-02d-.0601 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0601}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0602 Benefits in Contracting Hospitals {#sec-20-ncac-02d-.0602 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0602}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0603 Benefits: Noncontracting Hospitals {#sec-20-ncac-02d-.0603 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0603}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0604 Benefits in Out-of-State Hospitals {#sec-20-ncac-02d-.0604 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0604}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0605 General Provisions {#sec-20-ncac-02d-.0605 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0605}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0606 Skilled Nursing Facility {#sec-20-ncac-02d-.0606 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0606}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0701 Benefit Provision {#sec-20-ncac-02d-.0701 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0701}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0702 Accidental Injury {#sec-20-ncac-02d-.0702 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0702}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0703 Medical Emergencies {#sec-20-ncac-02d-.0703 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0703}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0704 Hospital Operations {#sec-20-ncac-02d-.0704 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0704}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0705 Radiation Therapy {#sec-20-ncac-02d-.0705 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0705}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0706 Pathological Examination {#sec-20-ncac-02d-.0706 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0706}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0707 Tests and Procedures {#sec-20-ncac-02d-.0707 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0707}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0708 General Provisions {#sec-20-ncac-02d-.0708 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0708}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0801 Scope of Services {#sec-20-ncac-02d-.0801 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0801}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0802 Basis of Benefit Allowances {#sec-20-ncac-02d-.0802 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0802}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0901 Scope of Services {#sec-20-ncac-02d-.0901 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0901}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0902 Duration of Benefits {#sec-20-ncac-02d-.0902 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0902}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .0903 Basis of Benefit Allowances {#sec-20-ncac-02d-.0903 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .0903}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1001 Maximum Benefits {#sec-20-ncac-02d-.1001 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1001}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1002 Deductible Amounts {#sec-20-ncac-02d-.1002 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1002}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1003 Benefit Period {#sec-20-ncac-02d-.1003 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1003}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1004 Benefits {#sec-20-ncac-02d-.1004 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1004}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1005 Limitations and Exclusions for Major Medical Benefits {#sec-20-ncac-02d-.1005 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1005}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1006 General Provisions {#sec-20-ncac-02d-.1006 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1006}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1101 Definitions {#sec-20-ncac-02d-.1101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1101}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1102 Maternity Provisions {#sec-20-ncac-02d-.1102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1102}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1103 Exclusion: Basic and Major Medical Benefits {#sec-20-ncac-02d-.1103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1103}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1104 Misrepresentation {#sec-20-ncac-02d-.1104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1104}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1105 Termination of Group Coverage {#sec-20-ncac-02d-.1105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1105}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1106 Modification {#sec-20-ncac-02d-.1106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1106}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1107 Termination Upon Death {#sec-20-ncac-02d-.1107 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1107}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1108 Termination Upon Marriage: Age Limit {#sec-20-ncac-02d-.1108 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1108}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1109 Termination Without Claim Prejudice {#sec-20-ncac-02d-.1109 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1109}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1110 Conversion from Group to Nongroup Coverage {#sec-20-ncac-02d-.1110 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1110}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1111 Nongroup to Group Coverage {#sec-20-ncac-02d-.1111 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1111}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1112 Coverage Change Application {#sec-20-ncac-02d-.1112 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1112}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1113 Extended Maternity Benefits {#sec-20-ncac-02d-.1113 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1113}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1114 General Provisions {#sec-20-ncac-02d-.1114 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1114}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.
20 NCAC 02D .1115 Waiting Periods {#sec-20-ncac-02d-.1115 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02D .1115}

History

  • Status: repealed
  • Authority G.S. 135-33; 135-6(f)
  • Eff. February 1, 1976
  • Repealed Eff. September 21, 1977.

Subchapter E

20 NCAC 02E .01 General Information {#sec-20-ncac-02e-.01 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02E .01}

History

  • Status: repealed
  • Authority G.S. 135-25
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02E .02 Purposes: Functions: Duties {#sec-20-ncac-02e-.02 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02E .02}

History

  • Status: repealed
  • Authority G.S. 135-25
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02E .03 Extension of Social Security Coverage {#sec-20-ncac-02e-.03 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02E .03}

History

  • Status: repealed
  • Authority G.S. 135-25
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02E .04 Procedures in Securing Coverage {#sec-20-ncac-02e-.04 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02E .04}

History

  • Status: repealed
  • Authority G.S. 135-25
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02E .05 Forms {#sec-20-ncac-02e-.05 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02E .05}

History

  • Status: repealed
  • Authority G.S. 135-25
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02E .06 Political Subdivision Liability {#sec-20-ncac-02e-.06 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02E .06}

History

  • Status: repealed
  • Authority G.S. 135-25
  • Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02E .07 Due Date {#sec-20-ncac-02e-.07 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02E .07}

History

  • Status: repealed
  • Authority G.S. 135-25
  • Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.

Subchapter F

20 NCAC 02F .0101 General Information {#sec-20-ncac-02f-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02F .0101}

The following is general information about the Consolidated Judicial Retirement System:

(1) For purposes of this Subchapter, "Director" means the Director of the Retirement Systems Division;

(2) The mailing address and physical address is Retirement Systems Division, Department of State Treasurer, 3200 Atlantic Avenue, Raleigh, North Carolina 27604.

History

  • Authority G.S. 135-6(f); 135-54
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Amended Eff. March 1, 1985
  • Amended Eff. September 1, 2019
  • Readopted Eff. March 1, 2023.
20 NCAC 02F .0102 Purposes: Functions: and Duties {#sec-20-ncac-02f-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02F .0102}

History

  • Status: repealed
  • Authority G.S. 135-54; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02F .0103 Forms {#sec-20-ncac-02f-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02F .0103}

History

  • Status: repealed
  • Authority G.S. 135-54; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02F .0104 Actuarial Tables: Rates and Assumptions {#sec-20-ncac-02f-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02F .0104}

History

  • Status: repealed
  • Authority G.S. 135-69; 135-6(f)
  • Eff. September 21, 1977
  • Amended Eff. August 1, 1981
  • Repealed Eff. March 1, 2023.
20 NCAC 02F .0105 Service as Superior Court Solicitor or District Attorney {#sec-20-ncac-02f-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02F .0105}

History

  • Status: expired
  • Authority G.S. 135-56(a); 135-6(f)
  • Eff. September 21, 1977
  • Amended Eff. March 1, 1985
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02F .0106 Retirement Benefits for District Court Service {#sec-20-ncac-02f-.0106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02F .0106}

History

  • Status: repealed
  • Authority G.S. 135-66; 135-6(f)
  • Eff. May 31, 1978
  • Repealed Eff. March 1, 1985.
20 NCAC 02F .0107 Final Compensation for Three-Fourths Limitation {#sec-20-ncac-02f-.0107 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02F .0107}

For the sole purpose of calculating the "three-fourths" limitation of the member's final compensation under G.S. 135-58(a6) for a member whose final state service was not as a member of this system, the phrase "final compensation" shall mean the rate of compensation established for the last position held by the member applicable to this system.

History

  • Authority G.S. 135-6(f); 135-58(a6)
  • Eff. June 1, 1984
  • Readopted Eff. March 1, 2023.
20 NCAC 02F .0108 Full Actuarial Cost {#sec-20-ncac-02f-.0108 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02F .0108}

History

  • Status: repealed
  • Authority G.S. 135-52; 135-6(f)
  • Eff. March 1, 1985
  • Repealed Eff. March 1, 2023.

Subchapter G

20 NCAC 02G .0101 General Information {#sec-20-ncac-02g-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02G .0101}

History

  • Status: repealed
  • Authority G.S. 135-78; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02G .0102 Purposes: Functions: and Duties {#sec-20-ncac-02g-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02G .0102}

History

  • Status: repealed
  • Authority G.S. 135-78; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02G .0103 Forms {#sec-20-ncac-02g-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02G .0103}

History

  • Status: repealed
  • Authority G.S. 135-78; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02G .0104 Actuarial Tables: Rates and Assumptions {#sec-20-ncac-02g-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02G .0104}

History

  • Status: repealed
  • Authority G.S. 135-78; 135-6(f)
  • Eff. September 21, 1977
  • Amended Eff. August 1, 1981
  • Repealed Eff. March 1, 1985.

Subchapter H

20 NCAC 02H .0101 General Information {#sec-20-ncac-02h-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02H .0101}

History

  • Status: repealed
  • Authority G.S. 135-85; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02H .0102 Purposes: Functions: Duties {#sec-20-ncac-02h-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02H .0102}

History

  • Status: repealed
  • Authority G.S. 135-85; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02H .0103 Forms {#sec-20-ncac-02h-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02H .0103}

History

  • Status: repealed
  • Authority G.S. 135-85; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02H .0104 Actuarial Tables: Rates and Assumptions {#sec-20-ncac-02h-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02H .0104}

History

  • Status: repealed
  • Filed as an Emergency Amendment Eff. July 1, 1979, to be Eff. for a Period of 120 Days to Expire on October 29, 1979
  • Authority G.S. 135-85; 135-6(f)
  • Eff. September 21, 1977
  • Emergency Amendment Made Permanent Eff. October 29, 1979
  • Amended Eff. August 1, 1981
  • Repealed Eff. March 1, 1985.

Subchapter I

20 NCAC 02I .0101 General Information {#sec-20-ncac-02i-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02I .0101}

History

  • Status: repealed
  • Authority G.S. 220-4.2; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02I .0102 Purposes: Functions: and Duties {#sec-20-ncac-02i-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02I .0102}

History

  • Status: repealed
  • Authority G.S. 220-4.2; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.
20 NCAC 02I .0103 Forms {#sec-20-ncac-02i-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02I .0103}

History

  • Status: repealed
  • Authority G.S. 220-4.2; 135-6(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 21, 1977
  • Repealed Eff. March 1, 1985.

Subchapter J

20 NCAC 02J .0101 General Information {#sec-20-ncac-02j-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0101}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0102 General Purpose {#sec-20-ncac-02j-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0102}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0103 Subdivisions {#sec-20-ncac-02j-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0103}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0104 Administration and Function {#sec-20-ncac-02j-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0104}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0105 Board of Commissioners Membership {#sec-20-ncac-02j-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0105}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0201 Definitions {#sec-20-ncac-02j-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0201}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1982; January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0202 Personnel Ineligible for Membership {#sec-20-ncac-02j-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0202}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1982; January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0203 Procurement of Forms {#sec-20-ncac-02j-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0203}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1982; January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0204 Medical Advisors {#sec-20-ncac-02j-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0204}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1982; January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0205 Communication with Board Chairman {#sec-20-ncac-02j-.0205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0205}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1982; January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0206 Status of Rules {#sec-20-ncac-02j-.0206 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0206}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1982; January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0207 Duties of Actuary {#sec-20-ncac-02j-.0207 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0207}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1982; January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0208 Actuarial Tables: Rates and Assumptions {#sec-20-ncac-02j-.0208 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0208}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. August 1, 1981
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0301 Rulemaking Procedures {#sec-20-ncac-02j-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0301}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-16
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0302 Notice of Rulemaking {#sec-20-ncac-02j-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0302}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-12; 150A-11; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0303 Rulemaking Hearings {#sec-20-ncac-02j-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0303}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-12; 150A-11; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0304 Declaratory Rulings {#sec-20-ncac-02j-.0304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0304}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-12; 150A-11; 150A-17
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0401 Declaratory and Contested Case Procedures {#sec-20-ncac-02j-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0401}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-2(2)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. January 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0402 Specific Rule for a Hearing {#sec-20-ncac-02j-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0402}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0403 Request for a Hearing {#sec-20-ncac-02j-.0403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0403}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0404 Granting Hearing Request {#sec-20-ncac-02j-.0404 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0404}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0405 Waiver of Right to a Hearing {#sec-20-ncac-02j-.0405 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0405}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0406 Notice of a Hearing {#sec-20-ncac-02j-.0406 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0406}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0407 Intervention in the Hearing {#sec-20-ncac-02j-.0407 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0407}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0408 Who Shall Hear Contested Cases {#sec-20-ncac-02j-.0408 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0408}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0409 Place of the Hearing {#sec-20-ncac-02j-.0409 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0409}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0410 Hearing Officers {#sec-20-ncac-02j-.0410 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0410}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0411 Failure to Appear at the Hearing {#sec-20-ncac-02j-.0411 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0411}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0412 Written Answers to a Hearing Notice {#sec-20-ncac-02j-.0412 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0412}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0413 Pre-Hearing Conference {#sec-20-ncac-02j-.0413 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0413}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0414 Simplification of Issues {#sec-20-ncac-02j-.0414 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0414}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0415 Subpoenas {#sec-20-ncac-02j-.0415 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0415}

History

  • Status: repealed
  • Authority G.S. 143-166(d),(s); 150A-20, -23, -24, -25, -27, -31,
  • -32, -33(5), -37; 1A, Rule 24
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Repealed Eff. January 19, 1979.
20 NCAC 02J .0501 Membership {#sec-20-ncac-02j-.0501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0501}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0502 Regular Contributions {#sec-20-ncac-02j-.0502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0502}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0503 Special Contributions {#sec-20-ncac-02j-.0503 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0503}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0504 Contributions Transferred from Other Systems {#sec-20-ncac-02j-.0504 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0504}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0505 Return of Regular Contributions {#sec-20-ncac-02j-.0505 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0505}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0506 Return of Special Contributions {#sec-20-ncac-02j-.0506 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0506}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0507 Creditable Service {#sec-20-ncac-02j-.0507 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0507}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0508 Basic Service Retirement Allowance Benefit {#sec-20-ncac-02j-.0508 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0508}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0509 Basic Disability Retirement Allowance Benefit {#sec-20-ncac-02j-.0509 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0509}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0510 Re-Examination of Disabled Retired Beneficiaries {#sec-20-ncac-02j-.0510 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0510}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0511 Special Retirement Allowance {#sec-20-ncac-02j-.0511 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0511}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0512 Minimum and Maximum Annual Retirement Allowance {#sec-20-ncac-02j-.0512 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0512}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0513 Alternatives for Receiving Retirement Allowance {#sec-20-ncac-02j-.0513 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0513}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0514 Restoration of Retired Members to Active Service {#sec-20-ncac-02j-.0514 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0514}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0515 Escrow Funds {#sec-20-ncac-02j-.0515 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0515}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0516 Accidental Death Benefit to Survivors of Officers {#sec-20-ncac-02j-.0516 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0516}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0517 Method of Financing {#sec-20-ncac-02j-.0517 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0517}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0518 Errors {#sec-20-ncac-02j-.0518 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0518}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. February 1, 1976
  • Readopted Eff. October 13, 1977
  • Amended Eff. September 1, 1983; March 1, 1982; January 19, 1983; October 29, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0519 Increases in Benefits Paid to Beneficiaries {#sec-20-ncac-02j-.0519 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0519}

History

  • Status: repealed
  • Authority G.S. 143-166(i)
  • Eff. February 19, 1979
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0520 Required Employer Contribution {#sec-20-ncac-02j-.0520 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0520}

History

  • Status: repealed
  • Filed as an Emergency Amendment Eff. April 22, 1980 For a Period of 120 Days to Expire
  • on August 20, 1980
  • Filed as an Emergency Regulation Eff. July 1, 1979, For a Period of 120 Days to Expire on
  • October 29, 1979
  • Statutory Authority G.S. 143-166(i)
  • Made Permanent Eff. October 29, 1979
  • Amended Eff. August 1, 1981
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0601 Participation {#sec-20-ncac-02j-.0601 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0601}

History

  • Status: repealed
  • Authority G.S. 143-166(t)
  • Eff. February 1, 1976
  • Amended Eff. September 5, 1977
  • Readopted Eff. October 13, 1977
  • Amended Eff. December 1, 1982; September 1, 1982; August 1, 1981
  • Repealed Eff. August 1, 1983.
20 NCAC 02J .0602 Benefits {#sec-20-ncac-02j-.0602 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02J .0602}

History

  • Status: repealed
  • Authority G.S. 143-166(t)
  • Eff. February 1, 1976
  • Amended Eff. September 5, 1977
  • Readopted Eff. October 13, 1977
  • Amended Eff. December 1, 1982; September 1, 1982; August 1, 1981
  • Repealed Eff. August 1, 1983.

Subchapter K

20 NCAC 02K .0101 General Information {#sec-20-ncac-02k-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0101}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0102 Purposes {#sec-20-ncac-02k-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0102}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. August 1, 1983
  • Repealed Eff. April 1, 1985.
20 NCAC 02K .0103 Definitions {#sec-20-ncac-02k-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0103}

History

  • Status: repealed
  • Authority G.S. 143-166; 143-66.03
  • Eff. August 1, 1983
  • Amended Eff. April 1, 1985
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0104 Forms {#sec-20-ncac-02k-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0104}

History

  • Status: repealed
  • Authority G.S. 143-166(d)
  • Eff. August 1, 1983
  • Repealed Eff. April 1, 1985.
20 NCAC 02K .0201 Duties of Actuary {#sec-20-ncac-02k-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0201}

History

  • Status: repealed
  • Authority G.S. 143-166; 143-166.03
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0202 Actuarial Tables: Rates and Assumptions {#sec-20-ncac-02k-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0202}

History

  • Status: repealed
  • Authority G.S. 143-166; 143-166.03
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0203 Medical Advisers {#sec-20-ncac-02k-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0203}

History

  • Status: repealed
  • Authority G.S. 143-166; 143-166.03
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0204 Procedural Rights {#sec-20-ncac-02k-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0204}

History

  • Status: repealed
  • Authority G.S. 143-166; 143-166.03
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0301 Persons Eligible for Membership {#sec-20-ncac-02k-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0301}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Amended Eff. April 1, 1985; March 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0302 Persons Ineligible for Membership {#sec-20-ncac-02k-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0302}

History

  • Status: repealed
  • Authority G.S. 143-166(m)
  • Eff. August 1, 1983
  • Repealed Eff. April 1, 1985.
20 NCAC 02K .0303 Cessation of Membership {#sec-20-ncac-02k-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0303}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0304 Transfer of Employment {#sec-20-ncac-02k-.0304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0304}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0401 Membership Service {#sec-20-ncac-02k-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0401}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0402 Prior Service {#sec-20-ncac-02k-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0402}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0403 Military Service {#sec-20-ncac-02k-.0403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0403}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0501 Fee {#sec-20-ncac-02k-.0501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0501}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0502 Eligibility for Purchasing Service Credits {#sec-20-ncac-02k-.0502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0502}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0503 Cost of Purchasing Service Credits {#sec-20-ncac-02k-.0503 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0503}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0504 Delayed Purchase of Service Credits {#sec-20-ncac-02k-.0504 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0504}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0505 Workers' Compensation Leaves of Absence {#sec-20-ncac-02k-.0505 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0505}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. December 1, 1983
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0601 Date of Early: Services/Disability Retirement Allowances {#sec-20-ncac-02k-.0601 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0601}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Amended Eff. June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0602 Return of Regular Contributions Upon Death of a Member {#sec-20-ncac-02k-.0602 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0602}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Amended Eff. June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0603 Special Annuity Account Benefits {#sec-20-ncac-02k-.0603 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0603}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Amended Eff. June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0604 Minimum and Maximum Total Annual Retirement Allowance {#sec-20-ncac-02k-.0604 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0604}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Amended Eff. June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0605 Alternatives for Receiving Retirement Allowance {#sec-20-ncac-02k-.0605 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0605}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Amended Eff. June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0606 Survivor's Alternate Benefit {#sec-20-ncac-02k-.0606 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0606}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Amended Eff. June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0607 Return of Contributions After Retirement {#sec-20-ncac-02k-.0607 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0607}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Amended Eff. June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0608 Restoration to Active Service After Disability Retirement {#sec-20-ncac-02k-.0608 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0608}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Amended Eff. June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0609 Restoration to Active Service After Service Retirement {#sec-20-ncac-02k-.0609 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0609}

History

  • Status: repealed
  • Authority G.S. 143-166
  • Eff. August 1, 1983
  • Amended Eff. June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0701 General Provisions {#sec-20-ncac-02k-.0701 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0701}

History

  • Status: repealed
  • Authority G.S. 143-166; 143-166.03
  • Eff. August 1, 1983
  • Amended Eff. April 1, 1985; June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0702 Annuity Savings Fund {#sec-20-ncac-02k-.0702 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0702}

History

  • Status: repealed
  • Authority G.S. 143-166; 143-166.03
  • Eff. August 1, 1983
  • Amended Eff. April 1, 1985; June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0703 Special Annuity Savings Fund {#sec-20-ncac-02k-.0703 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0703}

History

  • Status: repealed
  • Authority G.S. 143-166; 143-166.03
  • Eff. August 1, 1983
  • Amended Eff. April 1, 1985; June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0704 Pension Accumulation Fund {#sec-20-ncac-02k-.0704 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0704}

History

  • Status: repealed
  • Authority G.S. 143-166; 143-166.03
  • Eff. August 1, 1983
  • Amended Eff. April 1, 1985; June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0705 Calculation of Contribution Rates {#sec-20-ncac-02k-.0705 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0705}

History

  • Status: repealed
  • Authority G.S. 143-166; 143-166.03
  • Eff. August 1, 1983
  • Amended Eff. April 1, 1985; June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0706 Interest {#sec-20-ncac-02k-.0706 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0706}

History

  • Status: repealed
  • Authority G.S. 143-166; 143-166.03
  • Eff. August 1, 1983
  • Amended Eff. April 1, 1985; June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0707 Death of Retired Member {#sec-20-ncac-02k-.0707 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0707}

History

  • Status: repealed
  • Authority G.S. 143-166; 143-166.03
  • Eff. August 1, 1983
  • Amended Eff. April 1, 1985; June 1, 1984
  • Repealed Eff. January 1, 1986.
20 NCAC 02K .0708 Minor Beneficiaries {#sec-20-ncac-02k-.0708 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02K .0708}

History

  • Status: repealed
  • Authority G.S. 143-166; 143-166.03
  • Eff. August 1, 1983
  • Amended Eff. April 1, 1985; June 1, 1984
  • Repealed Eff. January 1, 1986.

Subchapter L

20 NCAC 02L .0101 General Information {#sec-20-ncac-02l-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02L .0101}

The following is general information about the Separate Insurance Benefit Plan for State and Local Governmental Law Enforcement Officers':

(1) For purposes of this Subchapter, "Director" means the Director of the Retirement Systems Division;

(2) The mailing address and physical address is Retirement Systems Division, Department of State Treasurer, 3200 Atlantic Avenue, Raleigh, North Carolina 27604.

History

  • Authority G.S. 128-28(g); 135-6(f); 143-166.60(b); 143-166.60(d)
  • Eff. August 1, 1983
  • Amended Eff. September 1, 2019
  • Readopted Eff. March 1, 2023.
20 NCAC 02L .0102 Purposes {#sec-20-ncac-02l-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02L .0102}

History

  • Status: repealed
  • Authority G.S. 143-166.04
  • Eff. August 1, 1983
  • Repealed Eff. April 1, 1985.
20 NCAC 02L .0103 Definitions {#sec-20-ncac-02l-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02L .0103}

The following words as used in this Subchapter, unless a different meaning is clearly required by the context, shall have the following meanings:

(1) "Officer" shall mean a law enforcement officer as defined in G.S. 128-21(11d) and G.S. 135-1(11c).

(2) "Officer Trainee" shall mean a cadet or officer trainee who is a full-time employee enrolled in training schools or academies of the State and any political subdivision thereof and who will become an officer at the completion of the training.

(3) "Participant" shall mean an Officer or Officer Trainee.

(4) "Separate Insurance Benefit Plan" shall mean the employee welfare benefit plan created in G.S. 143-166.60.

(5) "Service" shall mean service as an Officer for which compensation is paid.

History

  • Authority G.S. 128-28(g); 135-6(f); 143-166.60(b); 143-166.60(d)
  • Eff. August 1, 1983
  • Amended Eff. August 1, 1988; April 1, 1985
  • Readopted Eff. March 1, 2023.
20 NCAC 02L .0104 Forms {#sec-20-ncac-02l-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02L .0104}

History

  • Status: repealed
  • Authority G.S. 143-166.04
  • Eff. August 1, 1983
  • Repealed Eff. April 1, 1985.
20 NCAC 02L .0105 Procedural Rights {#sec-20-ncac-02l-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02L .0105}

History

  • Status: expired
  • Authority G.S. 143-166.60; 150B-12; 150B-23
  • Eff. August 1, 1983
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02L .0201 Active Members {#sec-20-ncac-02l-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02L .0201}

History

  • Status: expired
  • Authority G.S. 143-166.60
  • Eff. August 1, 1983
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02L .0202 Retired Members {#sec-20-ncac-02l-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02L .0202}

History

  • Status: repealed
  • Authority G.S. 143-166.60
  • Eff. August 1, 1983
  • Repealed Eff. March 1, 2023.
20 NCAC 02L .0203 Inactive Members {#sec-20-ncac-02l-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02L .0203}

History

  • Status: expired
  • Authority G.S. 143-166.60
  • Eff. August 1, 1983
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02L .0204 Determination of Membership {#sec-20-ncac-02l-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02L .0204}

History

  • Status: expired
  • Authority G.S. 143-166.60
  • Eff. August 1, 1983
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02L .0301 Death Benefits {#sec-20-ncac-02l-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02L .0301}

History

  • Status: expired
  • Authority G.S. 143-166.60
  • Eff. August 1, 1983
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02L .0302 Accident and Hospital Benefits {#sec-20-ncac-02l-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02L .0302}

History

  • Status: repealed
  • Authority G.S. 143-166.60
  • Eff. August 1, 1983
  • Repealed Eff. March 1, 2023.

Subchapter M

20 NCAC 02M .0101 Definitions {#sec-20-ncac-02m-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0101}

The following definitions apply to the Contributory Death Benefit for Retired Members:

(1) "Retired member" shall mean a former teacher, employee, or official in receipt of a monthly retirement allowance or who has a terminated retirement allowance resulting from reemployment from the Teachers' and State Employees' Retirement System, Local Governmental Employees' Retirement System, Consolidated Judicial Retirement System, or Legislative Retirement System; however, "retired member" shall not mean any beneficiary in receipt of a monthly retirement allowance by reason of the death of a retired member or former teacher, employee, or official.

(2) "Member" shall mean a retired member of the Teachers' and State Employees' Retirement System, Local Governmental Employees' Retirement System, Consolidated Judicial Retirement System, Legislative Retirement System or Legislative Retirement Fund who has elected coverage and who makes continuous contributions under the Contributory Death Benefit for Retired Members.

(3) "Surviving spouse" shall mean a living person who is legally married to a member covered under the Contributory Death Benefit for Retired Members at the date of death of the member.

(4) "Legal representative" shall mean the administrator or executor of the estate of a member or the collector of funds for the estate of the member.

(5) "Retirement system" shall mean the Teachers' and State Employees' Retirement System, Local Governmental Employees' Retirement System, Consolidated Judicial Retirement System, or Legislative Retirement System.

(6) "Boards of Trustees" shall mean the Boards of Trustees of the Teachers' and State Employees' Retirement System and the Local Governmental Employees' Retirement System, each acting in accordance with the provisions of G.S. 128-28(f1) and G.S. 135-6(e1).

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-27(l3); 128-27(l4); 128-27(l5); 128-27(l6); 128-28(g); 135-5(l); 135-6(f); 135-64(g)
  • Eff. February 1, 1989
  • Amended Eff. March 1, 2023.
20 NCAC 02M .0102 Agency and Authority of Director {#sec-20-ncac-02m-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0102}

(a) The mailing address for the Contributory Death Benefit for Retired Members is the Retirement Systems Division, Department of State Treasurer, 3200 Atlantic Avenue, Raleigh, North Carolina 27604.

(b) The Director of the Retirement Systems Division shall make decisions as it relates to the Contributory Death Benefit for Retired Members in accordance with the statutes and rules and regulations adopted by the Boards of Trustees and previous decisions of the Boards of Trustees. Appeals may be made from the decisions of the Director under the procedures used for contested cases as provided under Section .0400 of Title 20, Chapter 02, Subchapter A.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-27(l3); 128-27(l4); 128-27(l5); 128-27(l6); 128-28(g); 135-5(l); 135-6(f); 135-64(g)
  • Eff. February 1, 1989
  • Amended Eff. March 1, 2023; September 1, 2019.
20 NCAC 02M .0103 Contributory Death Benefit Trust for Retired Members {#sec-20-ncac-02m-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0103}

(a) A trust entitled the Contributory Death Benefit Trust for Retired Members shall be established for the purpose of collecting all member contributions, investment of contributions, and payment of benefits and expenses.

(b) Funds deposited in the Contributory Death Benefit Trust Retired Members shall be invested in accordance with law and all investment earnings shall accrue to the Contributory Death Benefit Trust for Retired Members.

(c) The funds in the Contributory Death Benefit Trust for Retired Members shall be used for the sole purpose of paying the benefits and expenses of the Contributory Death Benefit for Retired Members.

(d) Members of the Contributory Death Benefit for Retired Members do not gain any rights or interest in the earnings on the investments in the Contributory Death Benefit Trust for Retired Members nor share in any gains or losses resulting from the mortality experience for the trust beyond the benefits set forth.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-28(g); 135-5(l)
  • 135-6(f); 135-64(g)
  • Eff. February 1, 1989.
20 NCAC 02M .0104 Time and Date {#sec-20-ncac-02m-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0104}

History

  • Status: repealed
  • Authority G.S. 120-4.10; 120-4.27; 128-27(12); 128-28(g); 135-5(1); 135-6(f); 135-64(g)
  • Eff. April 1, 1989
  • Repealed Eff. March 1, 2023.
20 NCAC 02M .0201 Eligibility to Elect Coverage {#sec-20-ncac-02m-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0201}

(a) A retired member in receipt of a monthly retirement allowance as a former teacher, employee, or official of more than one of the Retirement Systems is eligible to elect coverage under each Retirement System from which the member receives a retirement benefit; however, if a retired member is receiving more than one retirement benefit from the same Retirement System, the member may elect coverage only on the basis of one retirement benefit from that Retirement System.

(b) A former teacher, employee or official in receipt of disability benefits from the Disability Income Plan of North Carolina is not in receipt of a retirement allowance and is not eligible to elect coverage under the Contributory Death Benefit for Retired Members until such time as the disability benefit is converted to a service retirement allowance.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-27(l3); 128-27(l4); 128-27(l5); 128-27(l6); 128-28(g); 135-5(l); 135-6(f); 135-64(g)
  • Eff. February 1, 1989
  • Amended Eff. March 1, 2023.
20 NCAC 02M .0202 When First Eligible {#sec-20-ncac-02m-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0202}

A retired member's eligibility to make an election for coverage is based on the following:

(1) If retired on or before June 1, 1988, the words "when first eligible" to make an election for coverage will mean 60 days from July 1, 1988 or no later than September 1, 1988.

(2) If retiring on or after July 1, 1988, the words "when first eligible" to make an election for coverage will mean 60 days from the effective date of retirement under the Retirement System.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-27(l3); 128-27(l4); 128-27(l5); 128-27(l6); 128-28(g); 135-5(l); 135-6(f); 135-64(g)
  • Eff. February 1, 1989
  • Amended Eff. March 1, 2023.
20 NCAC 02M .0203 Form of Election {#sec-20-ncac-02m-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0203}

A retired member's election must be made on a Notice of Election form as provided by the Retirement Systems Division or in lieu thereof by written notice clearly stating the election of the retired member and providing all information necessary for the determination of rates and payment of benefits.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-28(g); 135-5(l)
  • 135-6(f); 135-64(g)
  • Eff. February 1, 1989.
20 NCAC 02M .0204 Effective Date of Coverage {#sec-20-ncac-02m-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0204}

Coverage under the Contributory Death Benefit for Retired Members is not to be delayed beyond the 60 days from the effective date of retirement or if retired prior to July 1, 1988, not beyond September 1, 1988 and shall become effective:

(1) the first of the month in which election of coverage is made provided that the election is received by the Retirement Systems Division by the 15th of a month but not earlier than July 1, 1988, or

(2) the first of the month following the month in which the election of coverage is made if the election is received by the Retirement Systems Division after the 15th of a month but not earlier than July 1, 1988.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-28(g); 135-5(l)
  • 135-6(f); 135-64(g)
  • Eff. February 1, 1989.
20 NCAC 02M .0205 Cancellation of Coverage {#sec-20-ncac-02m-.0205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0205}

Cancellation of coverage under the Contributory Death Benefit for Retired Members shall be:

(1) By written notice of cancellation of coverage to the Board of Trustees with cancellation of coverage becoming effective :

(a) the first day of the month in which the member's written notice of cancellation is received and no contribution will be due in that month if written notice of cancellation is received in the offices of the Retirement Systems Division between the first and the tenth of a month.

(b) the first day of the month following the month in which written notice of cancellation is received with contributions due for the month in which written notice is received if the written notice of cancellation is received in the offices of the Retirement Systems Division after the tenth of a month.

(2) By non-payment of monthly contributions if payment for any month is not received in the offices of the Retirement Systems Division by the 25th of the month following the month for which the contribution is due and payable with coverage to be cancelled automatically effective the first day of the month for which the contribution was due and payable.

(3) By death of a member.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-28(g); 135-5(l)
  • 135-6(f); 135-64(g)
  • Eff. February 1, 1989.
20 NCAC 02M .0206 Reinstatement {#sec-20-ncac-02m-.0206 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0206}

Upon cancellation of coverage under Rule .0205 of this Section, coverage cannot be reinstated, nor can a retired member reapply for coverage.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-27(l3); 128-27(l4); 128-27(l5); 128-27(l6); 128-28(g); 135-5(l); 135-6(f); 135-64(g)
  • Eff. February 1, 1989
  • Amended Eff. March 1, 2023.
20 NCAC 02M .0301 Contribution Rates {#sec-20-ncac-02m-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0301}

(a) The monthly contribution rates shall be established by resolution of the Boards of Trustees as recommended by the consulting actuary. The consulting actuary in making a recommended schedule of monthly contribution rates shall take into consideration mortality experience, selection experience, actuarial interest rate assumption which may be different from the interest rate assumption used in the valuation of the liabilities of the Retirement System, administrative and investment costs, and such other factors as may be appropriate in establishing such schedule of monthly contribution rates.

(b) The Boards of Trustees may from time to time revise by resolution the schedule of monthly contribution rates as may be recommended by the consulting actuary for teachers, employees, and officials retiring and electing an effective date of coverage after the effective date of the revision. Such revision may be, but is not required to be, applicable to members electing coverage prior to the effective date of the revision provided that such revised rates shall not be greater than the rates in effect at the effective date of coverage for those members electing an effective date of coverage prior to the effective date of the revision.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(12); 128-27(l3); 128-27(l4); 128-27(l5); 128-27(l6); 128-28(g); 135-5(1); 135-6(f); 135-64(g)
  • Eff. February 1, 1989
  • Amended Eff. March 1, 2023.
20 NCAC 02M .0302 Member Contribution {#sec-20-ncac-02m-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0302}

(a) The monthly contribution rate paid by a member shall be based on the member's nearest age as of the effective date of coverage and the applicable rates as of that date as set by the Boards of Trustees and will remain the same as long as the coverage is in effect.

(b) Any misstatement as to the age of the member which causes the contribution of the member to have been paid at a greater or lesser rate during the period of the coverage of the member not paid or refunded prior to the death of the member will result in any underpayment of contributions being offset against the death benefit and any overpayment of contributions being paid to the following:

(1) the person or persons designated by the member;

(2) if the member has not designated a beneficiary, to the surviving spouse; or

(3) if the member is not survived by a designated beneficiary or spouse, to the legal representative.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-27(l3); 128-27(l4); 128-27(l5); 128-27(l6); 128-28(g); 135-5(l); 135-6(f); 135-64(g)
  • Eff. February 1, 1989
  • Amended Eff. March 1, 2023.
20 NCAC 02M .0303 Payment of Contribution {#sec-20-ncac-02m-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0303}

(a) The monthly contributions of members covered under the Contributory Death Benefit for Retired Members are to be paid monthly to the Contributory Death Benefit Trust for Retired Members beginning in the month in which coverage becomes effective and shall continue each month thereafter.

(b) Payment of the monthly contributions shall be deducted from a member's net monthly retirement allowance from the Retirement System if member's net monthly retirement allowance, after other required deductions, such as for taxes and garnishments, is sufficient to cover the cost of the contribution; however, if the net monthly retirement allowance from the Retirement System is not sufficient to cover the cost of the contribution, the Retirement Systems Division shall provide the member a Notice of Contribution Due within ten days after the determination of insufficiency with payment of monthly contributions due not later than the 25th of the month following the determination of insufficiency, and thereafter a Notice of Contribution Due shall be provided between the first and the fifth of each month with payment due on or before the 25th of that month.

(c) The contribution due for the month in which the member's death occurs is to be paid from the final monthly retirement benefit due in the month of death, or by payment from the member's surviving spouse or legal representative; provided that, if member's death occurs during the 24-month period from the effective date of coverage, the deduction or payment of the contribution for the month in which death occurs shall be waived if it has not been received by the Retirement Systems Division before the Retirement Systems Division issues the return of contributions.

(d) Once coverage is elected, the member shall pay the required monthly contribution in order to maintain coverage regardless of any condition which might occur that would terminate or diminish the retirement benefit the retired member is receiving, such as reemployment or the reduction or termination of retirement benefits by reason of an optional form of retirement allowance selected by the retired member at retirement.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-27(l3); 128-27(l4); 128-27(l5); 128-27(l6); 128-28(g); 135-5(l); 135-6(f); 135-64(g)
  • Eff. February 1, 1989
  • Amended Eff. March 1, 2023.
20 NCAC 02M .0304 Amount of Benefit Payable {#sec-20-ncac-02m-.0304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0304}

History

  • Status: repealed
  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-28(g); 135-5(l); 135-6(f); 135-64(g)
  • Eff. February 1, 1989
  • Repealed Eff. March 1, 2023.
20 NCAC 02M .0305 Payment of Interest on Benefit {#sec-20-ncac-02m-.0305 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0305}

The following shall apply to interest payable on the monthly contributions of a member where the member's death occurs prior to the first day of the month following the 24th month of coverage:

(1) The annual rate of interest shall be set from time to time by resolution of the Boards of Trustees and, in setting such annual rate of interest, the Boards of Trustees may take into consideration the actuarial interest rate assumption, yields realized and anticipated on short-term investments, cost of investing and administration, and such other factors affecting interest rates as may be appropriate.

(2) Such interest as set by the Boards of Trustees shall be computed on each monthly payment from the end of the month in which the monthly payment is paid and on the balance of the monthly contributions and interest at the beginning of the calendar year to the end of the month in which the member dies.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-27(l3); 128-27(l4); 128-27(l5); 128-27(l6); 128-28(g); 135-5(l); 135-6(f); 135-64(g)
  • Eff. February 1, 1989
  • Amended Eff. March 1, 2023.
20 NCAC 02M .0306 Payment of Benefit {#sec-20-ncac-02m-.0306 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0306}

Upon the death of a member, a certified death certificate and such other documentation as deemed necessary in order to initiate payment of the death benefit is to be furnished by the member's spouse or legal representative if not survived by a spouse.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-28(g); 135-5(l)
  • 135-6(f); 135-64(g)
  • Eff. February 1, 1989.
20 NCAC 02M .0307 Benefits Payable After Cancellation {#sec-20-ncac-02m-.0307 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0307}

Should death of a former member occur on or after the effective date of cancellation of coverage, benefits under the Contributory Death Benefit for Retired Members shall not be due and shall not be payable.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-27(l3); 128-27(l4); 128-27(l5); 128-27(l6); 128-28(g); 135-5(l); 135-6(f); 135-64(g)
  • Eff. February 1, 1989
  • Amended Eff. March 1, 2023.
20 NCAC 02M .0308 Refunds {#sec-20-ncac-02m-.0308 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02M .0308}

(a) No refund of contributions or interest shall be made if coverage is cancelled by reason of non-payment of contributions or if written notice of cancellation is received 90 or more days after the effective date of coverage.

(b) Refund of contributions without interest may be made if coverage is cancelled by written notice of cancellation received prior to 90 days after the effective date of coverage.

History

  • Authority G.S. 120-4.10; 120-4.27; 128-27(l2); 128-28(g); 135-5(l)
  • 135-6(f); 135-64(g)
  • Eff. February 1, 1989.

Subchapter N

20 NCAC 02N .0101 Location {#sec-20-ncac-02n-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0101}

History

  • Status: repealed
  • Authority G.S. 118-21; 118-19; 143A-27
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0102 General Purpose {#sec-20-ncac-02n-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0102}

History

  • Status: repealed
  • Authority G.S. 118-21; 118-19; 143A-27
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0103 Administration and Function {#sec-20-ncac-02n-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0103}

History

  • Status: repealed
  • Authority G.S. 118-21; 118-19; 143A-27
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0104 Board of Trustees Membership {#sec-20-ncac-02n-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0104}

History

  • Status: repealed
  • Authority G.S. 118-21; 118-19; 143A-27
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0105 Definitions {#sec-20-ncac-02n-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0105}

History

  • Status: expired
  • Authority G.S. 58-86-10
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Amended Eff. October 1, 1993
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02N .0106 Office of the Director {#sec-20-ncac-02n-.0106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0106}

The mailing and physical address of the Office of the Director of the Retirement Systems Division is Retirement Systems Division, Department of State Treasurer, 3200 Atlantic Avenue, Raleigh, North Carolina 27604. Office hours are from 8 a.m. to 5 p.m., Mondays - Fridays, except State holidays.

History

  • Authority G.S. 58-86-10
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Amended Eff. October 1, 1993
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 21, 2018
  • Amended Eff. March 1, 2023; September 1, 2019.
20 NCAC 02N .0107 Board of Trustees {#sec-20-ncac-02n-.0107 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0107}

History

  • Status: expired
  • Authority G.S. 58-86-10
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Amended Eff. October 1, 1993
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02N .0108 Divisional Rules {#sec-20-ncac-02n-.0108 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0108}

The following rules are hereby incorporated by reference including subsequent amendments to the rules:

(1) Rules 20 NCAC 02A .0101, .0102, and .0103;

(2) Sections 20 NCAC 02A .0200, .0300, and .0400; and

(3) Rule 20 NCAC 02A .0504.

History

  • Authority G.S. 58-86-10; 150B-21.6
  • Eff. October 1, 1993
  • Readopted Eff. March 1, 2023.
20 NCAC 02N .0201 Definitions {#sec-20-ncac-02n-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0201}

History

  • Status: repealed
  • Authority G.S. 118-20; 118-21; 118-23
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0202 Secretary's Bond {#sec-20-ncac-02n-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0202}

History

  • Status: repealed
  • Authority G.S. 118-20; 118-21; 118-23
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0203 Procurement of Forms {#sec-20-ncac-02n-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0203}

History

  • Status: repealed
  • Authority G.S. 118-20; 118-21; 118-23
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0204 Annual Firemen Certification {#sec-20-ncac-02n-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0204}

History

  • Status: repealed
  • Authority G.S. 118-20; 118-21; 118-23
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0205 Communication with Board Chairman {#sec-20-ncac-02n-.0205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0205}

History

  • Status: repealed
  • Authority G.S. 118-20; 118-21; 118-23
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0206 Eligible Firemen {#sec-20-ncac-02n-.0206 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0206}

History

  • Status: expired
  • Authority G.S. 58-86-10; 58-86-25; 58-86-30
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Amended Eff. December 1, 1993
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02N .0207 Eligible Rescue Squad Workers {#sec-20-ncac-02n-.0207 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0207}

History

  • Status: expired
  • Authority G.S. 58-86-10; 58-86-25; 58-86-30
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Amended Eff. December 1, 1993
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02N .0208 Applying for Membership {#sec-20-ncac-02n-.0208 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0208}

(a) Only eligible firefighters or eligible rescue squad workers may join the pension fund. In order to join the pension fund they must complete the application for membership and return it to the office of the Director.

(b) Applications for membership may be obtained from the office of the Director at the address shown in Rule .0106 of this Subchapter. The application asks for general information, including the applicant's name, address, social security number, date of birth, phone number, email address, gender, fire department or rescue squad, his or her first employment date with that department or squad, and requires a signature by an authorized representative of the fire department or rescue squad.

(c) After the Director has received and approved the application and received the monthly payment required by G.S. 58-86-35 or 58-86-40, the Director shall enroll the applicant in the pension fund.

History

  • Authority G.S. 58-86-10; 58-86-35; 58-86-40
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Amended Eff. December 1, 1993
  • Readopted Eff. March 1, 2023.
20 NCAC 02N .0209 Prior Service Credit {#sec-20-ncac-02n-.0209 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0209}

History

  • Status: expired
  • Authority G.S. 58-86-10; 58-86-30; 58-86-35; 58-86-40; 58-86-45; 58-86-75; 58-86-85
  • Eff. June 1, 1988
  • Recodified from 03 NCAC 03 Eff. May 1, 1993
  • Amended Eff. December 1, 1993; October 1, 1993
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02N .0210 Annual Certification of Firemen {#sec-20-ncac-02n-.0210 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0210}

History

  • Status: expired
  • Authority G.S. 58-86-10; 58-86-30; 58-86-35; 58-86-40; 58-86-45; 58-86-75; 58-86-85
  • Eff. June 1, 1988
  • Recodified from 03 NCAC 03 Eff. May 1, 1993
  • Amended Eff. December 1, 1993; October 1, 1993
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02N .0211 Annual Certification of Rescue Squad Workers {#sec-20-ncac-02n-.0211 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0211}

History

  • Status: expired
  • Authority G.S. 58-86-10; 58-86-30; 58-86-35; 58-86-40; 58-86-45; 58-86-75; 58-86-85
  • Eff. June 1, 1988
  • Recodified from 03 NCAC 03 Eff. May 1, 1993
  • Amended Eff. December 1, 1993; October 1, 1993
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02N .0212 Monthly Payments {#sec-20-ncac-02n-.0212 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0212}

History

  • Status: expired
  • Authority G.S. 58-86-10; 58-86-30; 58-86-35; 58-86-40; 58-86-45; 58-86-75; 58-86-85
  • Eff. June 1, 1988
  • Recodified from 03 NCAC 03 Eff. May 1, 1993
  • Amended Eff. December 1, 1993; October 1, 1993
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02N .0213 Delinquent Monthly Payments {#sec-20-ncac-02n-.0213 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0213}

History

  • Status: expired
  • Authority G.S. 58-86-10; 58-86-30; 58-86-35; 58-86-40; 58-86-45; 58-86-75; 58-86-85
  • Eff. June 1, 1988
  • Recodified from 03 NCAC 03 Eff. May 1, 1993
  • Amended Eff. December 1, 1993; October 1, 1993
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02N .0214 Leaves of Absence {#sec-20-ncac-02n-.0214 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0214}

History

  • Status: expired
  • Authority G.S. 58-86-10; 58-86-30; 58-86-35; 58-86-40; 58-86-45; 58-86-75; 58-86-85
  • Eff. June 1, 1988
  • Recodified from 03 NCAC 03 Eff. May 1, 1993
  • Amended Eff. December 1, 1993; October 1, 1993
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02N .0215 Military Service {#sec-20-ncac-02n-.0215 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0215}

(a) Any member who enters the armed forces may take a military leave of absence as provided by Paragraph (b) of this Rule, continue to receive service credit as provided by Paragraph (c) of this Rule, or withdraw from the pension fund and seek a refund.

(b) To take a military leave of absence a member shall provide written notice to the office of the Director that the member is taking such leave. The member shall specify in the notice the branch of the armed forces the member is entering and the expected dates of entry and discharge. The member shall deliver the notice to the office of the Director no later than six months after the member ceases service as an eligible firefighter or an eligible rescue squad worker, whichever is applicable, or the member will be deemed to have withdrawn from the pension fund. No member may remain on military leave of absence for more than one normal draft or enlistment period, whichever is applicable. Any member who has taken a military leave of absence shall commence service as either an eligible firefighter or an eligible rescue squad worker within six months after the expiration of a normal draft or enlistment period, whichever is applicable, or within six months after the member's discharge if that occurs earlier, or else the member will be deemed to have withdrawn from the pension fund.

(c) Any member who enters the armed forces shall continue to receive service credit if the member notifies the office of the Director in writing of the member's intent to do so and if the member continues to make monthly payments required by G.S. 58-86-35 or 58-86-40. Credit for time served in the armed forces is limited to one normal draft or enlistment period, whichever is applicable.

History

  • Authority G.S. 58-86-10
  • Eff. June 1, 1988
  • Recodified from 03 NCAC 03 Eff. May 1, 1993
  • Amended Eff. December 1, 1993
  • Readopted Eff. March 1, 2023.
20 NCAC 02N .0216 Refunds {#sec-20-ncac-02n-.0216 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0216}

History

  • Status: expired
  • Authority G.S. 58-86-10; 58-86-60
  • Eff. June 1, 1988
  • Recodified from 03 NCAC 03 Eff. May 1, 1993
  • Amended Eff. December 1, 1993
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02N .0217 Applications for Disability Benefits {#sec-20-ncac-02n-.0217 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0217}

History

  • Status: expired
  • Authority G.S. 58-86-10; 58-86-60
  • Eff. June 1, 1988
  • Recodified from 03 NCAC 03 Eff. May 1, 1993
  • Amended Eff. December 1, 1993
  • Expired Eff. November 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 02N .0218 Retirement Benefits {#sec-20-ncac-02n-.0218 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0218}

History

  • Status: repealed
  • Authority G.S. 58-86-10; 58-86-55
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Amended Eff. December 1, 1993
  • Repealed Eff. March 1, 2023.
20 NCAC 02N .0219 Refunds of Deceased Members' Payments {#sec-20-ncac-02n-.0219 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0219}

In order to receive the lump sum payment for deceased members provided by G.S. 58-86-60(2) and (3), the person or persons entitled to such payment shall file with the office of the Director a death certificate and a letter requesting the payment. The amount of the payment will be determined in accordance with G.S. 58-86-60 and, accordingly, no interest will be paid on the monthly payments.

History

  • Authority G.S. 58-86-10; 58-86-60
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Amended Eff. December 1, 1993
  • Readopted Eff. March 1, 2023.
20 NCAC 02N .0301 Petitions for Rulemaking {#sec-20-ncac-02n-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0301}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-11; 150A-12; 150A-16; 150A-17
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0302 Notice of Rulemaking {#sec-20-ncac-02n-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0302}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-11; 150A-12; 150A-16; 150A-17
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0303 Rulemaking Hearings {#sec-20-ncac-02n-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0303}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-11; 150A-12; 150A-16; 150A-17
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0304 Declaratory Rulings {#sec-20-ncac-02n-.0304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0304}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-11; 150A-12; 150A-16; 150A-17
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0305 Petitions for Rule-Making {#sec-20-ncac-02n-.0305 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0305}

History

  • Status: repealed
  • Authority G.S. 118-35; 150B-11(1); 150B-12; 150B-12(e); 150B-16; 150B-17
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Repealed Eff. October 1, 1993.
20 NCAC 02N .0306 Decision on Petition {#sec-20-ncac-02n-.0306 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0306}

History

  • Status: repealed
  • Authority G.S. 118-35; 150B-11(1); 150B-12; 150B-12(e); 150B-16; 150B-17
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Repealed Eff. October 1, 1993.
20 NCAC 02N .0307 Notice of Rule-Making {#sec-20-ncac-02n-.0307 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0307}

History

  • Status: repealed
  • Authority G.S. 118-35; 150B-11(1); 150B-12; 150B-12(e); 150B-16; 150B-17
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Repealed Eff. October 1, 1993.
20 NCAC 02N .0308 Arguments {#sec-20-ncac-02n-.0308 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0308}

History

  • Status: repealed
  • Authority G.S. 118-35; 150B-11(1); 150B-12; 150B-12(e); 150B-16; 150B-17
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Repealed Eff. October 1, 1993.
20 NCAC 02N .0309 Request for Oral Presentations {#sec-20-ncac-02n-.0309 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0309}

History

  • Status: repealed
  • Authority G.S. 118-35; 150B-11(1); 150B-12; 150B-12(e); 150B-16; 150B-17
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Repealed Eff. October 1, 1993.
20 NCAC 02N .0310 Written Statement {#sec-20-ncac-02n-.0310 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0310}

History

  • Status: repealed
  • Authority G.S. 118-35; 150B-11(1); 150B-12; 150B-12(e); 150B-16; 150B-17
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Repealed Eff. October 1, 1993.
20 NCAC 02N .0311 Request for Statement of Final Decision {#sec-20-ncac-02n-.0311 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0311}

History

  • Status: repealed
  • Authority G.S. 118-35; 150B-11(1); 150B-12; 150B-12(e); 150B-16; 150B-17
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Repealed Eff. October 1, 1993.
20 NCAC 02N .0312 Record of Rule-Making {#sec-20-ncac-02n-.0312 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0312}

History

  • Status: repealed
  • Authority G.S. 118-35; 150B-11(1); 150B-12; 150B-12(e); 150B-16; 150B-17
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Repealed Eff. October 1, 1993.
20 NCAC 02N .0313 Declaratory Rulings {#sec-20-ncac-02n-.0313 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0313}

History

  • Status: repealed
  • Authority G.S. 118-35; 150B-11(1); 150B-12; 150B-12(e); 150B-16; 150B-17
  • Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993
  • Repealed Eff. October 1, 1993.
20 NCAC 02N .0401 General Rule for a Hearing {#sec-20-ncac-02n-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0401}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0402 Specific Rule for a Hearing {#sec-20-ncac-02n-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0402}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0403 Request for a Hearing {#sec-20-ncac-02n-.0403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0403}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0404 Granting Hearing Request {#sec-20-ncac-02n-.0404 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0404}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0405 Waiver of Right to a Hearing {#sec-20-ncac-02n-.0405 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0405}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0406 Notice of a Hearing {#sec-20-ncac-02n-.0406 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0406}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0407 Intervention in the Hearing {#sec-20-ncac-02n-.0407 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0407}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0408 Who Shall Hear Contested Cases {#sec-20-ncac-02n-.0408 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0408}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0409 Place of the Hearing {#sec-20-ncac-02n-.0409 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0409}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0410 Hearing Officers {#sec-20-ncac-02n-.0410 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0410}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0411 Failure to Appear at the Hearing {#sec-20-ncac-02n-.0411 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0411}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0412 Written Answers to a Hearing Notice {#sec-20-ncac-02n-.0412 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0412}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0413 Pre-Hearing Conference {#sec-20-ncac-02n-.0413 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0413}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0414 Simplification of Issues {#sec-20-ncac-02n-.0414 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0414}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0415 Subpoenas {#sec-20-ncac-02n-.0415 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0415}

History

  • Status: repealed
  • Authority G.S. 118-21; 150A-2(2); 150A-23; 150A-24; 150A-25(a); 150A-27
  • 150A-31; 150A-32; 150A-33(2); 150A-33(5); 150A-37; 1A-1, Rule 24
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0501 Membership Eligibility {#sec-20-ncac-02n-.0501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0501}

History

  • Status: repealed
  • Authority G.S. 118-21; 118-23; 118-24; 118-25; 118-26; 118-29
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0502 Membership Status in the Fund {#sec-20-ncac-02n-.0502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0502}

History

  • Status: repealed
  • Authority G.S. 118-21; 118-23; 118-24; 118-25; 118-26; 118-29
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0503 Payment of Contributions in Advance {#sec-20-ncac-02n-.0503 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0503}

History

  • Status: repealed
  • Authority G.S. 118-21; 118-23; 118-24; 118-25; 118-26; 118-29
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0504 Payment of Monthly Contributions {#sec-20-ncac-02n-.0504 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0504}

History

  • Status: repealed
  • Authority G.S. 118-21; 118-23; 118-24; 118-25; 118-26; 118-29
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0505 Delinquent Contributions {#sec-20-ncac-02n-.0505 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0505}

History

  • Status: repealed
  • Authority G.S. 118-21; 118-23; 118-24; 118-25; 118-26; 118-29
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0506 Refund of Contributions {#sec-20-ncac-02n-.0506 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0506}

History

  • Status: repealed
  • Authority G.S. 118-21; 118-23; 118-24; 118-25; 118-26; 118-29
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0507 Service Credit Time {#sec-20-ncac-02n-.0507 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0507}

History

  • Status: repealed
  • Authority G.S. 118-21; 118-23; 118-24; 118-25; 118-26; 118-29
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.
20 NCAC 02N .0508 Retirement and Receipt of Benefits {#sec-20-ncac-02n-.0508 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02N .0508}

History

  • Status: repealed
  • Authority G.S. 118-21; 118-23; 118-24; 118-25; 118-26; 118-29
  • Eff. February 1, 1976
  • Repealed Eff. June 1, 1988
  • Recodified from 3 NCAC 3 Eff. May 1, 1993.

Subchapter O

20 NCAC 02O .0101 Scope {#sec-20-ncac-02o-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02O .0101}

History

  • Status: repealed
  • Authority G.S. 135-101(6); 135-102(c); 135-105(a)
  • Eff. April 1, 2004
  • Repealed Eff. January 1, 2005.
20 NCAC 02O .0102 Short-Term Disability {#sec-20-ncac-02o-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02O .0102}

History

  • Status: repealed
  • Authority G.S. 135-101(6); 135-102(c); 135-105(a)
  • Eff. April 1, 2004
  • Repealed Eff. January 1, 2005.
20 NCAC 02O .0103 Long-Term Disability {#sec-20-ncac-02o-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02O .0103}

History

  • Status: repealed
  • Authority G.S. 135-101(6); 135-102(c); 135-105(a)
  • Eff. April 1, 2004
  • Repealed Eff. January 1, 2005.
20 NCAC 02O .0104 Short-Term Disability and Extended Short-Term Disability Approvals {#sec-20-ncac-02o-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02O .0104}

(a) Only the Medical Board described in G.S. 135-6(k) shall have the authority to determine under G.S. 135-105(f) that an applicant is ineligible for benefits, or to determine under G.S. 135-105(g) that the beneficiary's disability is not temporary and likely to end within the extended period of short-term disability benefits.

(b) The following positions or entities shall have the authority to approve short-term and extended short-term disability benefits on behalf of the Retirement Systems Division:

(1) Director of the Retirement Systems Division;

(2) Director of Operations;

(3) Disability Benefits Processing Manager;

(4) Disability Benefits Processing Supervisor;

(5) Clinical Reviewer; or

(6) Medical Board described in G.S. 135-6(k).

(c) The Director of the Retirement Systems Division may designate additional positions to have the authority to approve, but not deny, short-term and extended short-term disability benefits.

(d) Only the Medical Board may approve applications for short-term or extended-short-term disability benefits from individuals who have been employed at the Department of State Treasurer within the 365 days preceding the date of disability indicated on the individual's application for benefits.

History

  • Authority G.S. 135-6(f); 135-105(f); 135-105(g)
  • Eff. July 1, 2024.
20 NCAC 02O .0105 Short-Term Disability Notification Date {#sec-20-ncac-02o-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02O .0105}

(a) "Date of submission" means the date indicated on the Retirement Systems Division's hand-stamped postal mark if the submission is by mail or in person, the timestamp if the submission is by email, or the transmission date if the submission is by facsimile transmission.

(b) "Notifications made" pursuant to G.S. 135-105(d) means the submission of a written request for reimbursement by an employer.

(c) "Submission" means the act of presenting a document to the Retirement Systems Division for processing, consideration, or determination through one of the following methods:

(1) Mail to the mailing address in Rule 20 NCAC 02B .0101;

(2) Electronic mail (email);

(3) Facsimile transmission; or

(4) In person at the physical address in Rule 20 NCAC 02B .0101.

History

  • Authority G.S. 135-6(f); 135-105(d)
  • Eff. July 1, 2024.
20 NCAC 02O .0106 Extended Short-Term Disability Application Date {#sec-20-ncac-02o-.0106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 02O .0106}

(a) "Date of submission" means the date indicated on the Retirement Systems Division's hand-stamped postal mark if the submission is by mail or in person, the timestamp if the submission is by email, or the transmission date if the submission is by facsimile transmission.

(b) "Makes an application" pursuant to G.S. 135-105(g) means submission, in a method prescribed by Paragraph (c) of this Rule, of the following information:

(1) Full name;

(2) Mailing address;

(3) Email address;

(4) Telephone number;

(5) Date of birth;

(6) Member identification number assigned by the Retirement Systems Division;

(7) Last four digits of Social Security Number;

(8) Current or most recent employer;

(9) Employer contact name; and

(10) Signed and dated acknowledgement that the member has been receiving short-term benefits from the Disability Income Plan of North Carolina; is applying for extended short-term benefits; certifies that the illness did not result from active participation in a riot or actual or attempted commission of a terrorist act, felony, or intentional self-inflicted injury; authorizes health care providers to release to the Retirement Systems Division any medical records or other information about the disability; understands that a copy of such authorization will be as valid as the original; understands that the member, or the member's physician on the member's behalf, is to furnish the medical information to the Retirement Systems Division at no cost; and understands that the member cannot withdraw contributions from the Retirement System while receiving benefits under the Disability Income Plan of North Carolina.

(c) "Submission" means the action of presenting a document to the Retirement Systems Division for processing, consideration, or determination through one of the following methods:

(1) Mail to the mailing address in Rule 20 NCAC 02B .0101;

(2) Electronic mail (email);

(3) Facsimile transmission; or

(4) In person at the physical address in Rule 20 NCAC 02B .0101.

History

  • Authority G.S. 135-6(f); 135-105(g)
  • Eff. July 1, 2024.

Chapter 03 Local Government Commission

20 NCAC 03 .0101 Organization and Functions {#sec-20-ncac-03-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0101}

(a) The Local Government Commission operates as a division of the Department of the State Treasurer and is the state's agency charged with the duty of advising and assisting officials of local governments (counties, cities, towns, public authorities, special districts) in all phases of fiscal management. It promotes the efficient use of monetary resources of local governments through sound fiscal management, careful borrowing, and sound debt management practices.

(b) The following is general information about the Local Government Commission:

(1) The chief officer is the Secretary of the Local Government Commission;

(2) The mailing address is 3200 Atlantic Avenue, Raleigh, North Carolina 27604; and

(3) The office is located in the Longleaf Building, 3200 Atlantic Avenue, Raleigh, North Carolina 27604.

(c) The staff of the Local Government Commission is provided by the state and local government finance division.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. October 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0102 Definitions {#sec-20-ncac-03-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0102}

The words and phrases defined in this Rule will have the meanings indicated when used in this Chapter, unless the context clearly requires another meaning:

(1) Commission is the Local Government Commission.

(2) Secretary is the Secretary of the Local Government Commission.

(3) Government unit includes "public authority", "special district" and "unit" as defined in G.S. 159-7; "local school administrative unit" as defined in G.S. 115C-5 and wherever applicable "public hospital" as defined in G.S. 159-39.

(4) "Generally accepted accounting principles" are those accounting principles promulgated by the Governmental Accounting Standards Board (GASB), or, if the GASB has not issued any pronouncements, the accounting principles promulgated by the Financial Accounting Standards Board (FASB), or, if neither the GASB nor FASB has issued any pronouncements, such authoritative literature as may be generally accepted.

(5) "Generally accepted auditing standards" are the auditing standards contained in the series "Statements on Auditing Standards" published by the American Institute of Certified Public Accountants beginning with statement No. 1 in 1973.

History

  • Authority G.S. 115C-436(b); 159-3(f); 159-26(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. August 1, 1987; April 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0103 Rule-Making Procedures {#sec-20-ncac-03-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0103}

(a) 20 NCAC 1F .0100 shall govern the issuance of rules by the Commission.

(b) All correspondence shall be addressed to the Secretary at the mailing address of the Commission.

History

  • Authority G.S. 150B-11; 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0104 Declaratory Rules {#sec-20-ncac-03-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0104}

(a) 20 NCAC 1F .0200 shall govern the issuance of declaratory rules by the Commission.

(b) All correspondence shall be addressed to the Secretary at the mailing address of the Commission.

History

  • Authority G.S. 150B-11; 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0105 Contested Case Procedures {#sec-20-ncac-03-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0105}

(a) 20 NCAC 1F .0300 shall govern the hearings and decisions in contested cases.

(b) All correspondence shall be directed to the Secretary at the mailing address of the Commission.

History

  • Authority G.S. 150B-11; 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0106 Additional Requirements {#sec-20-ncac-03-.0106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0106}

The Commission or the secretary may, at any time, require from any party alleging a specific interest in an issue additional information, conference or documents when such additional information, conferences or documents will, in their opinion, result in a more equitable resolution of an issue before them.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0107 Other Requests for Action {#sec-20-ncac-03-.0107 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0107}

(a) This Rule applies in all cases for which specific procedures are not provided elsewhere in this Chapter.

(b) All requests for action shall be addressed to the Secretary at the mailing address of the Commission.

(c) Each request for action shall include the following information:

(1) cover letter which includes:

(A) name and address of the petitioner,

(B) brief description of circumstances and action requested,

(C) statutory basis for request and for action,

(D) signature of petitioner;

(2) detailed description of circumstances and reasons for which action is requested;

(3) list of all persons (real and corporate) who may be beneficially or adversely affected by any action of the Commission;

(4) such other material as may be applicable to the circumstances.

(d) After receipt of a request, the Secretary shall review the case. The Secretary may require the petitioner to attend an informal conference with the staff of the Commission. The Secretary may require the filing of such additional information as he may consider valuable to the consideration of the issues.

(e) After receipt of all requested information, the Commission shall consider the issues. This consideration shall use those factors, determined on a case by case basis, which seem applicable to the case. The Commission may hold a public hearing whenever it feels such a hearing will be in the public interest. The Commission shall notify the petitioner and all other parties to the case, in writing, of its decision to approve or to disapprove the request.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0108 Status of Memoranda: Statements and Publications {#sec-20-ncac-03-.0108 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0108}

(a) The Commission may from time to time issue memoranda, statements and publications for the guidance of local officials and other interested parties. These documents are intended to be explanatory in nature, and not intended to be binding on anyone. They are intended to set forth procedures, etc. which the Commission believes a prudent man would follow under the circumstances outlined in the document and be able to comply with the requirements of good accounting practice, state law and regulations, and any specified federal law and regulations. Care must be taken by each governmental unit that their own specific circumstances are not so different from the normal circumstances that other procedures should be used.

(b) In proceedings before the Commission, the Commission will consider the use of the recommended procedures to be proper and to have been used in good faith unless specific evidence exists to the contrary. The Commission may require written justification for the use of any other procedures which give rise to allegations of impropriety.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0109 Enforcement Procedures {#sec-20-ncac-03-.0109 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0109}

(a) This Rule shall apply to all enforcement proceedings of the commission under the provisions of Chapter 159 of the General Statutes, including, but not necessarily limited to, G.S. 159-26(c), G.S. 159-33, G.S. 159-36, G.S. 159-37, G.S. 159-39(e), G.S. 159, Article 10, and G.S. 159, Article 11.

(b) Action to enforce a statute shall begin when the Secretary finds that a reasonable cause exists to believe that the provisions of a particular statute have been violated.

(c) Immediately thereafter, the Secretary shall notify the governmental unit or the person involved of the findings of reasonable cause, of the alleged facts of the case and the statute which is alleged to have been violated. The notice shall request an answer to the allegations within 14 days from the mailing date of the notice.

(d) There shall be set up an informal conference between the party(s) notified and the staff of the Commission no later than seven days after the receipt by the Commission of the answer to the allegations. At the conference, the Commission shall try to reach an agreement with the other party(s) in which the act(s) alleged are corrected.

(e) If the answer requested in Paragraph (c) of this Rule is not received by the Commission within the time limit specified or an agreement cannot be reached under Paragraph (d) of this Rule, the Secretary shall submit to the Commission a summary of the findings and events to date together with his suggestion on the proper action to be taken by the Commission.

(f) Whenever he believes it necessary to safeguard assets of a governmental unit, the Secretary may shorten or omit any step of the procedure up to his report of the situation to the Commission.

(g) If the Commission, thereafter, decides to proceed with an action to enforce a statute, the Commission shall proceed under the procedures outlined in 20 NCAC 3 .0105.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0110 Mailing Lists {#sec-20-ncac-03-.0110 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0110}

(a) The Commission shall maintain the following mailing lists:

(1) potential bidders for bonds and notes of governmental units,

(2) active governmental units,

(3) certified public accountants currently performing audits for governmental units.

(b) The mailing lists in use on January 31, 1976 shall continue in use under this Rule. The Secretary may periodically order the removal of all names on any mailing list which are not active during the preceding 12 month period in the area covered by the mailing list.

(c) Anyone wishing to be added to a list may request the addition by writing to the Secretary at the mailing address of the Commission. When added, such names and addresses shall remain on the subject list for 12 months and thereafter may be removed under Paragraph (b) of this Rule.

(d) The maintenance of mailing lists is intended solely for the convenience of the specific categories of persons on the list. Failure to send any document, notice, etc. to a person on a mailing list shall not be grounds for any action unless such document, notice, etc. was otherwise specifically required by law.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0111 Setting Fees on Revenue Bond Approvals {#sec-20-ncac-03-.0111 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0111}

(a) Fees shall be collected for all actions of the Commission in connection with the approval or denial of bonds or notes, or other participation in the sale, award or delivery of bonds or notes except general obligation bonds or notes.

(b) The Secretary shall recommend to the commission from time to time changes in the schedule of fees. To the extent possible the fees recommended shall be the average direct cost to the state for personal and other services rendered on each category of fee to be charged.

(c) Fees shall be payable prior to a final request for approval or participation by the Commission.

History

  • Authority G.S. 159-6
  • Eff. August 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0112 Fees {#sec-20-ncac-03-.0112 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0112}

(a) The following fees shall be charged for services rendered or to be rendered for each category of bonds and notes set forth:

(1) Bonds sold pursuant to G.S. 159D, Article 2 $12,500.00

(2) Bonds sold pursuant to G.S. 131A $ 8,750.00

(3) Bonds sold pursuant to G.S. 159B $12,500.00

(4) Bonds sold pursuant to G.S. 159C $ 6,125.00

(Except for bonds for industrial development or

pollution control for which the fee shall be $2,500.00.)

(5) Bonds sold for Industrial Facilities and Pollution Control

projects, pursuant to G.S. 159D, Article 1 (per participant) $ 2,500.00

(6) All other bonds sold pursuant to G.S. 159D $ 2,500.00

(7) Bonds sold pursuant to G.S. 159I $12,500.00

(8) All notes issued in anticipation of issuance of a bond for

which a fee is set forth herein $ 1,250.00

(9) Revenue bonds sold pursuant to G.S. 159, Article 5 and

all other approvals and issues of debt receiving Local

Government Commission approval, other than general

obligation bonds. $12,500.00

(b) In addition to the fees set forth in this Rule, all travel and subsistence and all other expenses, including telephone and postage, incurred shall be for the account of the issuer. When paid by the state, they shall be billed to the issuer.

(c) In addition to expenses pursuant to Paragraph (b) of this Rule, the following fees shall be charged for the services set forth herein:

(1) Approvals to counties pursuant to G.S. 105-487(c) $ 625.00

(2) Approvals to municipalities pursuant to G.S. 105-487(c) $ 625.00

(3) Approvals of installment purchase contracts under

G.S. 160A-20 where no public offering is proposed $ 1,250.00

(4) Approvals of installment purchase contracts under

G.S. 160A-20 where a public offering, including

certificates of participation, is proposed $12,500.00

History

  • Authority G.S. 159-3(f); 159-6
  • Eff. August 1, 1983
  • Amended Eff. January 1, 2011; January 1, 2004; November 1, 1990; August 1, 1987; November 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0201 Limits of Rules: Statutory Controls {#sec-20-ncac-03-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0201}

History

  • Status: repealed
  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Repealed Eff. April 1, 1985.
20 NCAC 03 .0202 Approval of General Obligation Bonds {#sec-20-ncac-03-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0202}

(a) The Secretary may require the governing body and other policy-making officials of the governmental unit to attend a preliminary conference to consider the proposed bond issue. The agenda of a preliminary conference, if held, may include:

(1) discussion of the proposed uses for the proceeds of the bond issue,

(2) discussion of the legality or appropriateness of the bond issue,

(3) discussion of the adequacy of the accounting and internal control systems of the governmental unit,

(4) discussion of the application procedure and the documents required,

(5) discussion of such other matters as the Secretary deems appropriate.

(b) The governing body of the governmental unit shall adopt and file with the Commission a resolution authorizing filing of the application to the Commission for the proposed bond issue and making necessary findings therefor.

(c) The governmental unit shall submit to the commission as a part of the application for approval all documents requested by the Secretary.

(d) After all documents relating to the application and required by the Secretary are received, the Secretary may accept the application.

(e) At any time after the acceptance of the application, the application may be considered by the Commission together with all applicable data available to the Commission. The Commission shall use the factors set forth in G.S. 159-52 and any other factors which in its opinion are applicable to the circumstances under consideration.

(f) The amount of approval shall be considered the maximum amount of bonds to be issued.

(g) If the unit requests a public hearing under G.S. 159-52(b), the hearing shall be heard pursuant to 20 NCAC 3 .0105.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. April 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0203 Additional Documents to Be Filed {#sec-20-ncac-03-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0203}

Each governmental unit for which bonds have been approved shall submit to the Commission copies of all documents required to be submitted to the bond counsel of the unit in connection with the sale of the approved bonds.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. April 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0204 Approval of Revenue Bonds {#sec-20-ncac-03-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0204}

(a) If a governmental unit wishes to apply for approval of a revenue bond issue, the officials of the unit should arrange a preliminary conference with the staff of the Commission.

(b) At the preliminary conference the following matters may be discussed:

(1) the nature and feasibility of the proposed project;

(2) the need for the project;

(3) the feasibility of selling the proposed bonds;

(4) the unit's debt management policies and practices;

(5) the adequacy of the unit's accounting system and internal control;

(6) any other matters relating to the unit, to the proposed project, or to the proposed bond issue;

(7) the procedures for application of approval to be used in that case.

(c) The Secretary may set up procedures for the application to the commission for its approval of the revenue bond issue. These procedures should be appropriate to the circumstances with due regard for the requirements of bond counsel, of the underwriter (if private sale is intended) and of the matters discussed in the preliminary conference.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. April 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0205 Approval of Tax Anticipation Notes {#sec-20-ncac-03-.0205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0205}

(a) Applications shall be filed on forms designated by the Secretary for this purpose.

(b) The governmental unit shall submit all documents relating to the application which are requested by the Secretary.

(c) The Commission may consider the following factors:

(1) the necessity and expediency for issuance of the notes;

(2) the reasonableness of budget estimates of taxes and other revenues;

(3) the adequacy of the budget, including funding of prior year's deficits;

(4) the availability of cash resources other than tax revenues, including redemption of unmatured investments;

(5) the ratio of uncollected taxes to the amount of the levy;

(6) the percentage of collection of taxes for prior years;

(7) the unit's tax collection procedures;

(8) the ability of the unit to appropriate funds to pay for costs and interest due on the tax anticipation notes;

(9) the adequacy of the unit's accounting and internal control system;

(10) any other information the Commission considers to be applicable to the circumstances.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. April 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0206 Approval of Revenue Anticipation Notes {#sec-20-ncac-03-.0206 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0206}

(a) If a governmental unit wishes to apply for approval of revenue anticipation notes, the officials of the unit shall arrange a conference with the staff of the Commission. The Secretary may waive the requirement for a preliminary conference.

(b) At the preliminary conference, the following matters may be discussed:

(1) the need for the proposed notes,

(2) the feasibility of selling the proposed notes,

(3) the adequacy of the unit's accounting system and internal control,

(4) any other matters relating to the unit or the proposed notes,

(5) the procedures for application for approval of the proposed notes.

(c) The Secretary shall establish procedures for the application with due regard to the requirements of the law, of bond counsel and of the matters discussed in the preliminary conference.

(d) The Commission may consider the following factors:

(1) the necessity and expediency for issuance of the notes,

(2) the purpose for which the proceeds of the notes will be used,

(3) the reasonableness and adequacy of the budget,

(4) the ability of the unit to appropriate funds to pay for costs and interest due on the proposed notes,

(5) the availability of alternative internal sources of funds,

(6) the adequacy of the unit's accounting system and internal control,

(7) any other information the Commission considers applicable in the circumstances.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. April 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0207 Approval of Grant Anticipation Notes {#sec-20-ncac-03-.0207 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0207}

(a) If a governmental unit wishes to apply for approval of grant anticipation notes, the officials of the unit shall arrange a conference with the staff of the Commission. The Secretary may waive the requirement for a preliminary conference.

(b) At the preliminary conference, the following matters may be discussed:

(1) the need for the proposed notes,

(2) the feasibility of selling the proposed notes,

(3) the adequacy of the unit's accounting system and internal control,

(4) any other matters relating to the unit or the proposed notes,

(5) the procedures for application for approval of the proposed notes.

(c) The Secretary shall establish procedures for the application with due regard to the requirements of the law, of bond counsel and of the matters discussed in the preliminary conference.

(d) The Commission may consider the following factors:

(1) the necessity and expediency for issuance of the notes,

(2) the purpose for which the proceeds of the notes will be used,

(3) the degree of assurance that the grant funds will be received,

(4) the ability of the unit to appropriate funds to pay for costs and interest due on the proposed notes,

(5) the availability of alternative internal sources of funds,

(6) the adequacy of the unit's accounting system and internal control,

(7) any other information the Commission considers applicable in the circumstances.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. April 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0208 Special Purpose Bonds {#sec-20-ncac-03-.0208 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0208}

(a) This Rule is applicable to all special bonds required to be approved by the Local Government Commission under authority of statutes other than Chapter 159 of the North Carolina General Statutes.

(b) Insofar as is practicable, the procedures in .0204 of this Section shall be followed. The Secretary may establish additional procedures appropriate to the circumstances.

History

  • Authority G.S. 159-3(f)
  • Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0301 Presale Requirements {#sec-20-ncac-03-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0301}

(a) The Secretary may fix the date for the sale of any bonds or notes at any date after the Commission has approved the bonds or notes. Before fixing the date, the following may be considered:

(1) the need of the governmental unit for the proceeds of the bonds or notes;

(2) the current financial condition of the governmental unit;

(3) requirements of federal or state agencies financing, in whole or in part, a project to be financed by the bonds or notes;

(4) requirements or restrictions of the Internal Revenue Service and any regulatory agencies relating to the issuance of bonds or notes;

(5) competing sales by other governmental units or the State of North Carolina;

(6) concurrence of the bond attorney for the governmental unit;

(7) current conditions in the market for local government obligations;

(8) such other factors that may affect the sale of the bonds or notes.

(b) Before or after the sale date is fixed, the Secretary may suggest to the governmental unit the terms and conditions of the proposed sale of bonds or notes, and obtain from an authorized representative of the governmental unit their oral or written agreement as to the terms and conditions of the sale.

(c) The Secretary shall prepare or cause the unit's bond attorney to prepare a notice of sale for the bonds or notes which shall specify the basis on which the bids are to be accepted, rejected and awarded. Such notice of sale shall be provided to the authorized representative of the governmental unit for publication in accordance with the applicable statutes.

(d) The Secretary shall require the governmental unit to furnish the commission with sufficient information to prepare a prospectus or official statement such that adequate information is disclosed to meet the requirements of the market and regulatory agencies, if any, for a competitive and legal sale.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. April 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0302 Sale of Bonds or Notes {#sec-20-ncac-03-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0302}

(a) The following instructions apply to sealed bids of bonds or notes:

(1) Bids shall be opened on the hour and date specified in the notice of sale or as soon thereafter as is practical. No bids may be accepted after such date and hour.

(2) Any bid that is not complete or does not comply with the terms set out in the notice of sale shall be rejected.

(3) The bonds or notes shall be awarded in accordance with the notice of sale and applicable laws.

(4) The Secretary reserves the right to reject all bids.

(5) It shall be the duty of the representative, authorized by the governing board to accept or reject the award on behalf of the governmental unit, to be available at the business offices of the governmental unit for confirmation or rejection of the award of the bonds or notes to the lowest bidder. No attempt to reject the bids shall be valid after 12 noon on the date the bids were opened without the consent of the lowest bidder, provided that the Secretary or his designee has telephoned the business office of the governmental unit or otherwise informed the authorized representative of the amount of the lowest bid within a reasonable time after the opening of the bids.

(b) Bonds or notes eligible by law for a private sale may be sold on a negotiated basis by the Secretary in consultation with the authorized representative or the governing body of the governmental unit, and in accordance with applicable law.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0303 Delivery of Bonds or Notes {#sec-20-ncac-03-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0303}

(a) The Secretary shall deliver, or cause to be delivered, the bonds or notes for the account of the State Treasurer to the place of delivery, designated in the accepted bid and shall provide the purchaser and bond counsel such documents and certifications required by law.

(b) The State Treasurer shall direct the disposition of the proceeds, in a direct and timely manner, in accordance with the applicable law.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0304 Fees for Sale and Delivery of Bonds {#sec-20-ncac-03-.0304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0304}

The Secretary shall submit to the governmental unit for payment an invoice or bill for the direct and indirect costs of sale and delivery of the bonds and notes.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0305 Maturities of Bonds {#sec-20-ncac-03-.0305 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0305}

(a) The maximum period of usefulness of capital projects for which units of local government may issue bonds are as follows:

(1) 10 years from the date of the bonds used to finance the following classes of improvements and properties:

(A) vehicles, including fire engines, fire trucks, hose carts, ambulances, police cars and patrol wagons, sanitation and solid waste disposal trucks or any vehicle for use in any department or by any official of the unit of local government;

(B) voting machines;

(C) fire or police alarms and communication systems for use of any department of the unit of government;

(D) any equipment, machinery, apparatus, furnishings or other personal property acquired in any manner other than incident to the construction of a new building, major renovation of an existing building, the construction of a sanitary landfill, or the construction or major renovation of a park or playground facility;

(2) 20 years from the date of the bonds used to finance the following classes of improvements and properties:

(A) sanitary landfills, including land, site preparation, earthmoving equipment, compactors, and other necessary machinery;

(B) construction and reconstruction of streets, including grading and landscaping;

(C) construction and reconstruction of sidewalks, curbs, gutters, including grading;

(D) bridges and culverts, including retaining walls and approaches;

(3) 25 years from the date of the bonds used to finance plants for incineration or disposal of solid wastes;

(4) 30 years from the date of the bonds used to finance the following classes of improvements and properties:

(A) cable television systems,

(B) elimination of any grade-crossings or crossings and improvements thereto,

(C) land for cemeteries or improvements thereto;

(5) 40 years from the date of the bonds used to finance the following classes of improvements and properties:

(A) water systems;

(B) sanitary sewer systems and storm sewer systems (including drainage projects);

(C) electric power systems;

(D) gas systems;

(E) watershed improvement projects and acquisition of land or interest in land necessary therefor;

(F) airports, including land and grading, buildings, equipment and improvements thereto;

(G) public parks and playgrounds, including land, site improvements, buildings, equipment, and other necessary structures and furnishings;

(H) street land;

(I) land and improvements thereto for purposes not otherwise stated in this Regulation;

(J) buildings or other structures for purposes not otherwise stated in this Regulation;

(K) groins, jetties, dikes, moles, sand dunes, vegetation or other types of works or improvements which are designed for the control of beach erosion or for the protection from flood and hurricanes or for the preservation or restoration of facilities and natural features;

(L) any improvement or property not otherwise stated in this Regulation.

(b) Any capital project listed in Section (a) of this Regulation shall be deemed to include any land, site preparation, buildings or other structures, machinery, equipment, or furnishings.

(c) In the event bonds authorized by any one order under the provisions of G.S. 159-48 are for improvements or properties with different maximum periods of usefulness, the improvement or property having the greatest period of usefulness as stated in this Regulation shall determine the maximum period in which the bonds issued to finance the improvement may mature.

(d) In the event bonds authorized by two or more orders under the provisions of G.S. 159-48 are for improvements or properties with different maximum periods of usefulness and are consolidated into one bond issue, the bonds issued to finance the improvement of properties shall mature within the weighted average period of usefulness taking into consideration the amount of bonds to be issued under each order and the maximum period of usefulness as determined under Sections (a) and (c) of this Regulation.

History

  • Authority G.S. 159-3(f); 159-122
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Temporary Amendment Eff. December 5, 1990 For a Period of 180 Days to Expire on June 3, 1991
  • Amended Eff. June 1, 1991
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0401 Accounting and Internal Control Systems {#sec-20-ncac-03-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0401}

(a) The standard for accounting systems and internal control systems for governmental units shall be the Uniform Accounting System for Local Government in North Carolina published by the Commission or, where applicable, a uniform accounting system for the particular type of public authority when issued by the Commission. This standard will be used with due regard to the size, complexity and total budget of the governmental unit. It shall be the responsibility of such governmental unit to justify deviations from the standards which result in any weakening of internal control or failure to provide information otherwise required by law, contract or regulation.

(b) In addition to the maintenance of accounting data on a departmental basis, each governmental unit shall maintain program accounting records wherever required to conform to the requirements established by law, by published regulation or by contract to which the governmental unit is a party. Provided, however, that no governmental unit shall be required to maintain details in the accounting records when such information is not furnished by autonomous or semi-autonomous agency prior to the actual recording of the various transactions.

(c) No trust and agency fund shall include any disbursements to any party not a direct beneficiary of the trust or agency agreement. Wherever the governmental unit is itself a beneficiary of a trust fund, the amounts to be expended shall be transferred to another appropriate fund and expended in accordance with law.

(d) Appropriation is defined to mean an authorization by the governing board of the governmental unit to make expenditures and to incur obligations for specific purposes. All appropriations are contained either in the annual budget ordinance, in a lawful amendment thereto, or in a project ordinance.

(e) A fund established to account only for assessments for county roads pursuant to G.S. 153A-205 may be considered an agency fund provided that the only expenditures from the fund are paid to the state for construction costs or to the general fund for repayment of working capital advances or for the amount of interest and penalties collected.

History

  • Authority G.S. 159-25(c); 159-26(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0402 Revenues Susceptible to Accrual {#sec-20-ncac-03-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0402}

(a) The basis of accounting specified in this Rule shall apply only to the required treatment for the purposes of budgeting and accounting. For financial statement purposes, all revenues may be treated in the alternative as provided by generally accepted accounting principles.

(b) The revenues listed below shall not be considered susceptible to accrual under the modified accrual basis of accounting. For budgetary purposes, these revenues shall be considered to be revenues of the governmental unit only to the extent that they can reasonably be expected to be received in cash prior to the end of the budget year. For accounting purposes, these revenues shall be recorded as revenues of the governmental unit only to the extent that they are actually received in cash before the end of the fiscal year:

(1) current year's property taxes;

(2) prior year's property taxes;

(3) all taxes collected by the state and remitted thereafter to the governmental unit including but not limited to:

(A) state street aid (Powell Bill),

(B) intangible tax,

(C) local option sales tax,

(D) beer and wine taxes,

(E) utility franchise taxes;

(4) general federal revenue sharing, including payments for a specific entitlement period but actually remitted after the end of the fiscal year of the governmental unit.

(c) Revenue from specific categorical federal or state grants or grants-in-aid and from special federal revenue sharing block grants shall be accounted for on an accrual basis; i.e., revenues shall be recorded in the year and to the extent that the expenditures on the grant are recorded whether the revenue is received before or after the expenditure is made.

History

  • Authority G.S. 159-26(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0403 Approval to Use Accrual Basis Accounting {#sec-20-ncac-03-.0403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0403}

History

  • Status: expired
  • Authority G.S. 159-26(e)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 03 .0404 Collateral to Secure Cash Deposits {#sec-20-ncac-03-.0404 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0404}

History

  • Status: repealed
  • Authority G.S. 115-100.27(b); 159-31(b)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Repealed Eff. August 1, 1980.
20 NCAC 03 .0405 Comments to Federal and State Grantor Agencies {#sec-20-ncac-03-.0405 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0405}

(a) A request from a federal or state agency requesting comment by the Commission on the accounting system and internal controls of a governmental unit which has applied to it for a grant or loan shall be presumed to have been made with the knowledge and consent of the governmental unit.

(b) Comments shall be based on a comparison of the governmental units accounting system and internal controls with the standards set forth in 20 NCAC 3 .0401 with particular attention to the following areas, as applicable:

(1) the chart of accounts,

(2) purchasing,

(3) receipt and disbursement of cash,

(4) investment policies,

(5) inventories,

(6) fixed asset ledgers,

(7) payrolls,

(8) billings and accounts receivable,

(9) degree of currency of posting journals and ledgers,

(10) policies concerning interim financial statements.

(c) The required data shall be obtained in any way in which the responsible deputy secretary deems appropriate, including, but not limited to:

(1) review of audit reports and management letters,

(2) consultation with the independent auditor of the governmental unit,

(3) personal visits by representatives of the Commission,

(4) conferences with officials of the governmental unit,

(5) additional data furnished by and attested to by officials of the governmental unit.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0406 Approval of Finance Officer Acting as Tax Collector {#sec-20-ncac-03-.0406 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0406}

(a) Application for approval for the finance officer to serve concurrently as tax collector shall be made to the Commission at its mailing address.

(b) The application shall include a letter from the chief executive officer of the governmental unit containing as a minimum:

(1) justification for the request;

(2) the procedures of the internal control system which will affect the problems arising from the two offices being held by one person, including an organizational chart where more than two persons perform duties of the two functions;

(3) the amount of the surety bonds to be requested for each office, and how the penal sums were calculated;

(4) two certified copies of an extract of the minutes of the governing body relating to the resolution in Subdivision (c) of this Rule as an attachment.

(c) The governing body of the governmental unit shall adopt a resolution appointing the recommended person as finance officer and as tax collector effective upon receipt of the written permission of the Secretary and requesting such permission of the Secretary. The said resolution shall also contain a requirement that the internal control procedures be sufficient to prevent improper handling of public funds. Local Government Commission Form 208 shall be provided by the Commission to fulfill the requirements of this Rule.

(d) The Secretary may require a conference between the officials of the governmental unit and the staff of the Commission. The Secretary may also require an investigation of the internal control and accounting system by a representative of the Commission.

(e) The Secretary will consider the following factors:

(1) the necessity and expediency of the dual appointment,

(2) the adequacy of the internal control system,

(3) the qualifications of the appointee,

(4) the tax collecting policies and procedures,

(5) audit reports and other information in the file of the Commission,

(6) any other factors the Secretary deems appropriate.

The Secretary shall thereafter decide to approve or to disapprove the application.

(f) If the application is approved, the Secretary shall furnish the governmental unit written permission which shall include:

(1) The term of the approval shall be the lesser of:

(A) the remaining tenure of the appointee as tax collector, or

(B) three years from the date of the approval;

(2) The bonds of the appointee shall not be reduced or the level of internal control reduced from those specified in the application.

(g) If the application is disapproved, the Secretary shall immediately notify the governing unit.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0407 Report of Cash Balance {#sec-20-ncac-03-.0407 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0407}

A form designated by the Secretary for this purpose shall be submitted by all governmental units on or before January 15, containing information as of December 31 next preceding.

History

  • Authority G.S. 159-3(f); 159-33
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. April 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0408 Report of Financial Information {#sec-20-ncac-03-.0408 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0408}

A form designated by the Secretary for this purpose shall be submitted by all governmental units which levy taxes or for whom another governmental unit levies a tax. The form shall be submitted on or before October 31 containing information as of June 30 next preceding. For the purpose of this report, total appraisal value and total levy shall include all discoveries and abatements properly chargeable to the year under the Machinery Act (G.S. 105, Subchapter II).

History

  • Authority G.S. 159-3(f); 159-33.1
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. April 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0409 EXEMPTION FROM PREAUDIT CERTIFICATE REQUIREMENT FOR ELECTRONIC payments {#sec-20-ncac-03-.0409 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0409}

(a) To qualify for an exemption from the preaudit certificate requirement in G.S. 159-28(a1) or G.S. 115C-441(a1) for electronic payments, a local government, public authority, or local school administrative unit, herein referred to as "the unit," shall do the following:

(1) The unit's governing board shall adopt a resolution authorizing the unit to engage in electronic payments as defined by G.S. 159-28 or G.S. 115C-441;

(2) The unit shall have an "encumbrance system." As used in this Rule, an "encumbrance system" means a system of written policies and procedures for tracking obligations. The system may be manual, maintained as part of the unit's accounting system, or a combination of the two;

(3) The unit's governing board, or finance officer if authorized by the unit's governing board, shall adopt a written policy outlining procedures for preauditing obligations that will be incurred by electronic payments. The written policy and the procedures shall provide internal controls that shall ensure the following:

(A) there is a budget, project, or grant ordinance appropriation authorizing the expenditure;

(B) that sufficient budgeted monies remain within the appropriation to cover the amount that is expected to be paid out during the current fiscal year if accounted for in the budget ordinance, or to cover the entire amount if accounted for in a project or grant ordinance; and

(C) that the amount of the transaction is recorded in the unit's encumbrance system;

(4) The unit shall provide training to all personnel about the written policy and the procedures that shall be followed before undertaking an electronic payment; and

(5) Each quarter, the unit shall provide its governing board a budget-to-actual statement that includes the following:

(A) budgeted accounts;

(B) actual payments made;

(C) amounts encumbered, including electronic obligations; and

(D) the amount of the budget that is unobligated for all major funds.

(b) Units that comply with Subparagraphs (a)(1) through (5) of this Rule shall not be required to affix the preaudit language required in G.S. 159-28 (a1) or G.S. 115C-441 (a1) to electronic payments transacted with:

(1) charge cards;

(2) credit cards;

(3) debit cards;

(4) gas cards;

(5) procurement cards; or

(6) electronic funds transfers.

History

  • Authority G.S. 159-28(f)(3); 115C-441(f)(3)
  • Eff. November 1, 2017.
20 NCAC 03 .0410 EXEMPTION FROM DISBURSEMENT CERTIFICATE REQUIREMENT FOR ELECTRONIC PaYMENTS {#sec-20-ncac-03-.0410 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0410}

(a) To qualify for an exemption from the disbursement certificate requirement in G.S. 159-28(d1) and G.S. 115C-441(d1) for electronic payments, a local government, public authority, or local school administrative unit, herein referred to as "the unit," shall do the following:

(1) The unit's governing board shall adopt a resolution authorizing the unit to engage in electronic payments as defined by G.S. 159-28 or G.S. 115C-441; and

(2) The unit's governing board, or finance officer if authorized by the governing board, shall adopt a written policy outlining procedures for disbursing public funds by electronic transaction. The written policy and the procedures shall provide internal controls that shall ensure the following:

(A) that the amount claimed is payable;

(B) that there is a budget, project, or grant ordinance appropriation authorizing the expenditure;

(C) that monies remain within the appropriation to cover the amount that is due during the current fiscal year if accounted for in the budget ordinance, or to cover the entire amount if accounted for in a project or grant ordinance; and

(D) that the unit has sufficient cash to cover the payment.

(b) Units that comply with Subparagraphs (a)(1) and (2) of this Rule shall not be required to affix the disbursement certificate required in G.S. 159-28 (d1) or G.S. 115C-441 (d1) to any electronic payments.

History

  • Authority G.S. 159-28(f)(3); 115C-441(f)(3)
  • Eff. November 1, 2017.
20 NCAC 03 .0501 Application for Approval of Audit Contract {#sec-20-ncac-03-.0501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0501}

Any governmental unit desiring to obtain approval of an audit contract shall submit the original and two copies of the audit contract and all attachments thereto to the Commission at its mailing address.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0502 Audit Contract {#sec-20-ncac-03-.0502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0502}

(a) The Secretary may promulgate a standard audit contract designed to include the specific requirements in Paragraph (c) of this Rule. The Secretary may revise the standard audit contract provided that the contract continues to include the requirements of this Section. The requirements may be included in the contract either specifically or by reference to this Section.

(b) Government units and their independent auditors may submit contracts on their own forms provided that the form includes all requirements, either specifically or by reference, in Paragraph (c) of this Rule.

(c) The following requirements and conditions shall be included in all contracts for government units:

(1) The scope of the audit shall include all funds and ledgers of the government unit, and the requirement that the audit shall be conducted in accordance with generally accepted auditing standards and shall include such tests of the accounting records and such other procedures (including direct confirmation of tax, utility and other receivables) as are considered by the auditor to be necessary in the circumstances. Exceptions to the scope of the audit may be made only by specific approval of the Secretary or a deputy secretary and only for reasons that are explained as to the circumstances of the particular situation.

(2) The audit shall include a review of the internal control system of the government unit as provided by generally accepted auditing standards. The auditor shall forward a management letter to the government unit, detailing the auditor's findings and recommendations for improvement. The auditor shall forward a copy of the management letter to the Secretary.

(3) All audit engagement terms shall be stated, and all audit engagement fees shall be stated and show the amounts and calculations necessary to compute the final fee.

(4) The auditor shall, after completion of his or her examination, submit to the governing body a report of the audit with as many copies as requested in the contract. The report shall include all funds and ledgers included in the scope of the audit, and an expression of opinion on the financial statements included therein. If the expression of opinion is in any way modified or if an opinion is disclaimed or not included for any reason, the reason therefor shall be included in the report of audit. Copies of the audit report and any special reports issued as a result of the audit engagement shall be transmitted forthwith to the Secretary.

(5) The auditor shall present the audited financial statements including any compliance reports to the government unit's governing body or audit committee in an official meeting in open session as soon as the audited financial statements are available but not later than 45 days after the submission of the audit report to the Secretary. The auditor's presentation to the government unit's governing body or audit committee shall include:

(A) the description of each finding, including all material weaknesses and significant deficiencies, as found by the auditor, and any other issues related to the internal controls or fiscal health of the government unit as disclosed in the management letter, the Single Audit or Yellow Book reports, or any other communications from the auditor regarding internal controls as required by current auditing standards set by the Accounting Standards Board or its successor;

(B) the status of the prior year audit findings;

(C) the values of Financial Performance Indicators based on information presented in the audited financial statements; and

(D) notification to the governing body that the governing body shall develop a "Response to the Auditor's Findings, Recommendations, and Fiscal Matters," if required under Rule .0508 of this Section.

The Secretary shall verify auditors' compliance with the presentation requirement of Subparagraph (c)(5) of this Rule.

(6) Information based on the audited financial statements shall be submitted to the Secretary for the purpose of identifying Financial Performance Indicators and Financial Performance Indicators of Concern.

(7) The auditor shall notify the governing body and the Secretary if circumstances disclosed during the audit call for an expanded scope of work by the auditor beyond that indicated by the auditor's audit planning and risk assessment.

(8) No agreement(s) relating to the audit engagement but not attached to and referenced in the audit contract shall be enforceable by any party to said agreement(s).

(d) Form LGC-205 (standard audit contract) shall be provided for the convenience of those auditors and government units who wish to use the form.

(e) For purposes of this Section, the following definitions apply:

(1) "Financial Performance Indicators" are values derived from information included in the audited financial statements that assist the Secretary in improving the comparability of reporting a given government unit's financial condition and financial performance. These criteria include adequacy of a government unit's fund balance; liquidity or the ability to meet short-term obligations; solvency or the ability to meet long-term obligations; debt service coverage; leverage; and such other indicators of financial condition and financial performance as the Secretary may establish.

(2) "Financial Performance Indicators of Concern" are Financial Performance Indicators with values which may indicate inadequate financial conditions or fiscal management concerns within the government unit.

History

  • Authority G.S. 159-3(f); 159-34
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018
  • Amended Eff. November 1, 2020.
20 NCAC 03 .0503 Audit Engagements Defined {#sec-20-ncac-03-.0503 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0503}

Audits for which a contract must be approved include both financial audits and compliance audits and include interim audits, special purpose or limited audits and the regular annual audit and include all work done as a part of or in conjunction with the audit, except work intended solely for the improvement of the accounting system.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0504 Who May Perform Audits {#sec-20-ncac-03-.0504 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0504}

The following persons may perform audits under this Section:

(1) Any person who holds a valid and unrevoked certificate to practice as a certified public accountant in North Carolina, provided that a non-resident holder of such a certificate must also satisfy the Secretary that he has an adequate knowledge of the laws of the state as they apply to governmental units;

(2) An audit agency of the State of North Carolina or of the United States Government provided that the said agency agrees in advance to comply with the applicable requirements and conditions listed in 20 NCAC 3 .0502 and the audit engagement is directly and continuously supervised by a person who holds a valid license to practice as a CPA in any of the fifty states or the District of Columbia, and provided further that an audit by an agency of the State of North Carolina is specifically approved by the State Auditor of North Carolina;

(3) Any person, who fulfills all of the following criteria may be approved by the Commission as qualified to audit local government accounts:

(a) He has practiced as an accountant in the State of North Carolina for at least three years;

(b) He has completed at least 15 semester hours of accounting courses in an accredited institution of higher education including cost accounting, auditing and the theory of accounts;

(c) He has passed, within the three years immediately prior to approval, either the theory of accounts and auditing examinations given by the N.C. Board of Certified Public Account Examiners or other equivalent examination(s);

(d) He has passed an examination on the principals of governmental accounting and auditing and on state law as it applies to the operations of the type of governmental unit to be audited. Said examination to be given only after the applicant has completed 3(a), (b), and (c) of this Rule. The approval by the commission shall be for a term of five years and may be renewed for five year periods; provided that the Commission may at any renewal require the applicant to take and pass one or more of the examinations listed as 3(c) and (d) of this Rule, prior to the Commission renewing its approval.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0505 Audit Billings {#sec-20-ncac-03-.0505 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0505}

(a) All invoices for services rendered in an audit engagement as defined in Rule .0503 of this Section shall be submitted to the Secretary for approval before any payment is made. Payment before approval is a violation of law pursuant to G.S. 159-34(a).

(b) Invoices shall be approved only under the following circumstances:

(1) there is a valid contract;

(2) the report of audit has been received;

(3) the audit billing conforms to the requirements of the contract and of this Section;

(4) the audit billing shows all calculations necessary to compute the fee from the rates and terms shown in the contract; and

(5) there are no circumstances known to the Secretary indicating that the audit report may fail to conform to the requirements of the contract and of this Section.

Notwithstanding the above, the Secretary may approve interim billings up to a maximum of 75 percent of the billings for the last annual audit of the subject unit submitted to the Secretary. Provided however, that the Secretary or a deputy secretary may approve a higher or lower amount if he or she finds that such would be more equitable under a particular set of circumstances.

History

  • Authority G.S. 159-3(f); 159-34
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018
  • Amended Eff. November 1, 2020.
20 NCAC 03 .0506 Withholding of Approval {#sec-20-ncac-03-.0506 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0506}

(a) Whenever any of the following conditions exists, the Secretary may withhold approval under either 20 NCAC 3 .0502 or 20 NCAC 3 .0505:

(1) The auditor has failed to furnish to the commission reports on any audit subject to the approval of the Commission, when nine months has elapsed since the later of the date of the contract or the end of the fiscal period to be audited.

(2) The auditor exhibits in his reports of audit a lack of knowledge of North Carolina law or of generally accepted accounting principles.

(3) The Commission has reason to believe that the audit was not performed in accord with the requirements of this Section.

Whenever an approval is withheld by the Commission, the Commission shall notify the auditor immediately of the withholding of the approval, and the specific reason therefore.

(b) Whenever an approval has been withheld, the auditor may request a review of the case by the deputy secretary, accounting advisory section. The request must be in writing to the said deputy secretary at the mailing address of the Commission. The request must include an explanation of why the approval should be given. In his discretion the deputy secretary may require a meeting with the auditor to discuss the matter. If the matter applies to the performance of one or more specific audits, the auditor must bring to the meeting his working papers for the subject audit(s) and make them available in their entirety to the deputy secretary.

(c) The deputy secretary may, at any time, at his own discretion or at the request of the auditor, refer a matter of accounting principles or auditing standards to either the North Carolina Association of Certified Public Accountants or the American Institute of Certified Public Accountants for an advisory opinion.

(d) If matters cannot be resolved by this means, the auditor may proceed under 20 NCAC 3 .0105, contested case procedures.

History

  • Authority G.S. 159-3(f)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0507 Non-Profit Corporations {#sec-20-ncac-03-.0507 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0507}

History

  • Status: repealed
  • Authority G.S. 159-3(f); 159-34; 159-40
  • Eff. September 23, 1977
  • Repealed Eff. August 1, 1987.
20 NCAC 03 .0508 Response to the Independent Auditor's Findings, Recommendations, and Fiscal Matters {#sec-20-ncac-03-.0508 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0508}

(a) If the governing body of a government unit is notified by its independent auditor that the audited financial statements presented to the governing body included one or more significant deficiencies, material weaknesses, other findings or if the auditor determined that Financial Performance Indicators of Concern were identified based on information presented in the audited financial statements, then the governing body shall develop a "Response to the Auditor's Findings, Recommendations, and Fiscal Matters" ("Response"), pursuant to this Rule, signed by a majority of the members of the governing body. The governing body shall submit the Response to the Secretary within 60 days of the auditor's presentation.

(b) The Response shall address each significant deficiency, material weakness and other audit finding presented to the governing body and shall provide a plan to address each Financial Performance Indicator of Concern reported to the governing body. The Response shall include the following:

(1) Audit Findings

(A) A written description of the procedure, process, or action plan developed by the government unit to address each finding, including all material weaknesses and significant deficiencies, and any other issues related to the internal controls or fiscal health of the government unit as disclosed in the management letter, the Single Audit or Yellow Book reports, or any other communications from the auditor regarding internal controls as required by current auditing standards set by the Accounting Standards Board or its successors.

(B) The description shall provide specific and detailed steps with measurable results that allow the governing body to conclude that the procedure, process, or action plan as implemented and followed by the staff of the government unit, will address the specific audit finding. The description may include such information as the date for implementation, position titles responsible for implementation, positions performing the procedures or processes, frequency of performance, and other matters necessary to evaluate the success of the procedure or process.

(2) Financial Performance Indicators of Concern

(A) A written description of the procedure, process, or action plan developed by the government unit to address each Financial Performance Indicator of Concern.

(B) The description shall provide specific and detailed steps with measurable results that allow the governing body to conclude that it will address each specific Financial Performance Indicator of Concern. The description may include such information as the time period required for improvement, any governing body action required for implementation, the steps to increase revenue or reduce expenses, the frequency of performance evaluation, and other matters necessary to evaluate the success of the plan.

(c) If the governing body disagrees with an audit finding, it shall describe in detail its disagreement and explain the factors that support this determination in its Response.

History

  • Authority G.S. 159-3(f); 159-34
  • Eff. November 1, 2020.
20 NCAC 03 .0601 Encumbrance Accounting {#sec-20-ncac-03-.0601 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0601}

All school administrative units shall use the encumbrance method of accounting in any fiscal year in which its total membership is 6,000 or more, as defined in G.S. 115C-430.

History

  • Authority G.S. 115-440(c)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Amended Eff. April 1, 1985
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0602 School Revenues Susceptible to Accrual {#sec-20-ncac-03-.0602 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0602}

History

  • Status: repealed
  • Authority G.S. 115-440(d)
  • Eff. February 1, 1976
  • Readopted Eff. September 23, 1977
  • Repealed Eff. April 1, 1985.
20 NCAC 03 .0701 General Information {#sec-20-ncac-03-.0701 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0701}

History

  • Status: repealed
  • Authority G.S. 159-3(f); 159-30(c)(6a); 159-30(c)(7)
  • Eff. February 1, 1982
  • Amended Eff. April 1, 1985; April 1, 1987; October 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018
  • Repealed Eff. October 1, 2023.
20 NCAC 03 .0702 Definition of Terms {#sec-20-ncac-03-.0702 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0702}

History

  • Status: repealed
  • Authority G.S. 159-3(f); 159-30(c)(6a); 159-30(c)(7)
  • Eff. February 1, 1982
  • Amended Eff. April 1, 1985; April 1, 1987; October 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018
  • Repealed Eff. October 1, 2023.
20 NCAC 03 .0703 Minimum Fund Standards {#sec-20-ncac-03-.0703 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0703}

History

  • Status: repealed
  • Authority G.S. 159-3(f); 159-30(c)(6a); 159-30(c)(7)
  • Eff. February 1, 1982
  • Amended Eff. April 1, 1985; April 1, 1987; October 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018
  • Repealed Eff. October 1, 2023.
20 NCAC 03 .0704 Requirements for the Rfp {#sec-20-ncac-03-.0704 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0704}

History

  • Status: repealed
  • Authority G.S. 159-3(f); 159-30(c)(6a); 159-30(c)(7)
  • Eff. February 1, 1982
  • Amended Eff. April 1, 1985; April 1, 1987; October 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018
  • Repealed Eff. October 1, 2023.
20 NCAC 03 .0705 Issuance of the Rfp {#sec-20-ncac-03-.0705 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0705}

History

  • Status: repealed
  • Authority G.S. 159-3(f); 159-30(c)(6a); 159-30(c)(7)
  • Eff. February 1, 1982
  • Amended Eff. April 1, 1985; April 1, 1987; October 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018
  • Repealed Eff. October 1, 2023.
20 NCAC 03 .0706 Certification and Termination of Manager {#sec-20-ncac-03-.0706 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0706}

History

  • Status: repealed
  • Authority G.S. 159-3(f); 159-30(c)(6a); 159-30(c)(7)
  • Eff. February 1, 1982
  • Amended Eff. April 1, 1985; April 1, 1987; October 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018
  • Repealed Eff. October 1, 2023.
20 NCAC 03 .0707 Termination for Cause {#sec-20-ncac-03-.0707 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0707}

History

  • Status: repealed
  • Authority G.S. 159-3(f); 159-30(c)(6a); 159-30(c)(7)
  • Eff. February 1, 1982
  • Amended Eff. April 1, 1985; April 1, 1987; October 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018
  • Repealed Eff. October 1, 2023.
20 NCAC 03 .0708 Review of Manager {#sec-20-ncac-03-.0708 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0708}

History

  • Status: repealed
  • Authority G.S. 159-3(f); 159-30(c)(6a); 159-30(c)(7)
  • Eff. February 1, 1982
  • Amended Eff. April 1, 1985; April 1, 1987; October 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018
  • Repealed Eff. October 1, 2023.
20 NCAC 03 .0709 Delegation of Authority {#sec-20-ncac-03-.0709 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0709}

History

  • Status: repealed
  • Authority G.S. 159-3(f); 159-30(c)(6a); 159-30(c)(7)
  • Eff. February 1, 1982
  • Amended Eff. April 1, 1985; April 1, 1987; October 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018
  • Repealed Eff. October 1, 2023.
20 NCAC 03 .0710 General Information {#sec-20-ncac-03-.0710 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0710}

Correspondence required by the rules of this Section shall be addressed to: Secretary, Local Government Commission, Department of State Treasurer, 3200 Atlantic Avenue, Raleigh, North Carolina 27604 or emailed to SLGFD@nctreasurer.com.

History

  • Authority G.S. 159-3(f); 159-30(c)(8)
  • Eff. October 1, 2023.
20 NCAC 03 .0711 Definition of Terms {#sec-20-ncac-03-.0711 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0711}

The following words and phrases used in this Section are defined as follows:

(1) "Active Participants" means Eligible Participants that are currently invested in a Fund.

(2) "Affiliate" means, with respect to a party, any person, entity, or organization that either directly or indirectly controls, is controlled by, or is under common control with such party, including any employee, officer, or director of such party.

(3) "Broker-Dealer" means either a "broker" or a "dealer" as both are defined in the Securities Exchange Act of 1934 which is incorporated by reference, including subsequent amendments and editions and is available online, at https://uscode.house.gov/browse/prelim@title15/chapter2B&edition=prelim at no cost.

(4) "Certified Money Market Mutual Fund" means a mutual fund certified pursuant to this Section which meets the definition of "Money Market Mutual Fund" in this Rule.

(5) "Certified Mutual Fund" means a mutual fund certified pursuant to this Section which does not meet the definition of "Money Market Mutual Fund" in this Rule.

(6) "Decertification Period" means the period of time beginning on the date the Commission adopts a resolution terminating the certification of a Fund and ending in 30 calendar days or on a date specified in the resolution.

(7) "Eligible Participants" means the following North Carolina entities: local governments and public authorities as defined in G.S. 159-7, school administrative units, local ABC boards, community colleges, public hospitals, and other entities authorized by North Carolina law to use forms of investment allowed by G.S. 159-30.

(8) "Fund" means a mutual fund certified pursuant to this Section.

(9) "Manager" means the investment adviser managing a Fund certified pursuant to this Section as required by Rule .0712(f) of this Section.

(10) "Money Market Mutual Fund" means a money market fund that complies with 17 C.F.R. 270.2a-7 and which maintains a stable one-dollar net asset value (NAV) per share.

(11) "Reporting Event" means any of the following which either is a public record or is required by law to be reported to the Active Participants:

(a) an administrative, civil, or criminal enforcement action taken pursuant to federal or state law against a Fund, a Manager, or an Affiliate of a Fund or Manager;

(b) a notice from the SEC that SEC staff intends to recommend an enforcement action against a Fund, or, with respect to services provided to the relevant Fund, against a Manager or an Affiliate of a Fund or Manager; or

(c) a non-routine inquiry or investigation pursuant to securities law or regulation by the SEC or other federal, state, or self-regulatory body or organization against a Fund, a Manager, or an Affiliate of a Fund or Manager.

(12) "SEC" means the U.S. Securities and Exchange Commission.

History

  • Authority G.S. 159-3(f); 159-30(c)(8)
  • Eff. October 1, 2023.
20 NCAC 03 .0712 Minimum Fund Standards {#sec-20-ncac-03-.0712 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0712}

(a) A Fund may only invest in securities permitted by G.S. 159-30(c). A Fund shall not purchase any security with a maturity exceeding seven years.

(b) A Fund shall be registered with the SEC as an investment company pursuant to the Investment Company Act of 1940 and shall comply with all applicable SEC rules, regulations, and reporting requirements. The SEC requirements of 17 CFR Chapter 2 are incorporated by reference, including subsequent amendments and editions, and are available online, at https://www.ecfr.gov/current/title-17/chapter-II at no cost. SEC registration and compliance do not modify the requirement that a Fund comply with G.S. 159-30. The Investment Company Act of 1940 is incorporated by reference, including subsequent amendments and editions and is available online, at https://uscode.house.gov/browse/prelim@title15/chapter2D/subchapter1&edition=prelim at no cost.

(c) A Fund shall be established and operated in such a manner that any local, state, or federal income tax liability shall be passed through to the Active Participants.

(d) A Fund shall periodically report performance in conformance with SEC rules and regulations, 17 CFR Chapter 2, and the reports shall include at least annually the Fund's performance against the benchmarks assigned by the Fund. A Fund shall assign a benchmark that meets the following requirements:

(1) is unaffiliated with the Fund's Manager;

(2) is specified in advance; and

(3) is representative of the Fund's current investment strategy and parameters.

(e) A Fund shall calculate a daily net asset value according to US "generally accepted accounting principles" (GAAP) and allow investors to transact daily at the net asset value.

(f) A Fund shall be managed by an investment adviser registered with either the SEC as an investment adviser pursuant to the Investment Advisers Act of 1940, or the North Carolina Secretary of State as an investment adviser pursuant to the North Carolina Investment Advisers Act, and such investment adviser shall comply with all applicable federal and state rules, regulations, and reporting requirements. The Investment Advisers Act of 1940 is incorporated by reference, including subsequent amendments and editions and is available online, at https://uscode.house.gov/browse/prelim@title15/chapter2D/subchapter2&edition=prelim at no cost. The North Carolina Investment Advisers Act, G.S. 78C is incorporated by reference, including subsequent amendments and editions and is available online, at https://ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_78C.html at no cost.

(g) The sale and marketing of a Fund shall adhere to all applicable federal and state laws and regulations.

(h) A Fund shall bear one of the two highest ratings of at least one nationally recognized rating service and shall not bear a rating below one of the two highest ratings by any nationally recognized rating service which rates the Fund.

(i) A Fund shall disclose prominently in its prospectus, marketing materials, and communications with Eligible Participants and Active Participants that it invests only in those securities that are authorized for investment by units of local government pursuant to G.S. 159-30(c)(8) and this Section.

(j) A Certified Mutual Fund shall disclose prominently in its prospectus, marketing materials, and communications with Eligible Participants and Active Participants that, in contrast to a Certified Money Market Mutual Fund, such Certified Mutual Fund does not seek to maintain a stable one-dollar net asset value (NAV) per share.

History

  • Authority G.S. 159-3(f); 159-30(c)(8)
  • Eff. October 1, 2023.
20 NCAC 03 .0713 Certification of a Fund {#sec-20-ncac-03-.0713 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0713}

(a) A prospective Manager may request certification of a Fund by submitting a proposal to the Secretary containing the following information:

(1) the name of the Fund;

(2) the address of the Fund;

(3) the Fund prospectus;

(4) the most recent holdings report;

(5) the most recent annual report;

(6) an attestation that the Fund meets, and shall maintain compliance with, the minimum Fund standards set forth in Rule .0712 of this Section;

(7) if the Fund is seeking certification as a Money Market Mutual Fund, an attestation that the Fund meets, and shall maintain compliance with, the definition in Rule .0711 of this Section of Money Market Mutual Fund; and

(8) a list of all Broker-Dealers selling or marketing the Fund.

(b) The Commission shall review the proposal and may request supporting information as needed to assist in its review of the proposal.

(c) If the Commission certifies a Fund, it shall certify the Fund as a "Certified Money Market Mutual Fund," if the Fund is a Money Market Mutual Fund as defined in Rule .0711 of this Section; otherwise, it shall certify the Fund as a "Certified Mutual Fund."

(d) Certification is effective the day after the Commission adopts a resolution certifying the Fund and is effective until termination of certification pursuant to Rule .0715 of this Section.

History

  • Authority G.S. 159-3(f); 159-30(c)(8)
  • Eff. October 1, 2023.
20 NCAC 03 .0714 REVIEW OF FUND and Attestation {#sec-20-ncac-03-.0714 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0714}

(a) Beginning one year after the effective date of the certification of a Fund, and by December 31 each year thereafter, the Manager shall submit an attestation to the Secretary:

(1) attesting that the Fund continues to meet the minimum Fund standards provided in Rule .0712 of this Section;

(2) listing all Reporting Events from the date of the prior attestation provided to the Secretary or, in the case of the first attestation of a Fund, all Reporting Events from the date of the initial submission of proposal for certification, and attesting that no other Reporting Event has occurred;

(3) attesting that the sale and marketing of the Fund adheres to all applicable federal and state laws and regulations;

(4) if the Fund is a Certified Money Market Mutual Fund, attesting that the Fund continues to comply with the definition of Certified Money Market Mutual Fund in Rule .0711 of this Section;

(5) providing a list of the Broker-Dealers selling or marketing the Fund;

(6) providing a holdings report including all holdings from the date of the prior attestation provided to the Secretary or, in the case of the first attestation of a Fund, all holdings from the date of the holdings report provided in the initial submission of proposal for certification; and

(7) providing the most recent Fund prospectus and annual report.

(b) The Commission may request additional attestations at any time to review and confirm compliance of the Fund with the rules in this Section.

(c) Any changes to a Fund's or investment adviser's federal or state registration documents shall be reported to the Secretary within 30 days of the filing of the updated registration documents, with all changes marked and identified.

(d) The Manager shall, upon receiving a request from the Commission, provide documentation supporting an attestation with specific reference to the location within such supporting documentation which demonstrates that the minimum Fund standards of Rule .0712 of this Section have been met.

(e) The Manager shall provide to the Commission access to all Fund documents and shall allow the Commission to make any examinations the Commission deems required to ensure compliance with the rules of this Section, and shall provide to the Commission copies of all Fund documents requested by the Commission at the expense of the Manager of the Fund.

History

  • Authority G.S. 159-3(f); 159-30(c)(8)
  • Eff. October 1, 2023.
20 NCAC 03 .0715 Termination of Certification {#sec-20-ncac-03-.0715 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0715}

(a) The Commission may adopt a resolution terminating the certification of a Fund due to one or more of the following:

(1) A Manager or a Fund violates any of the rules in this Section and the Commission finds that there has been a material adverse effect on the Fund or the interests of the Active Participants.

(2) A Fund fails to meet a federal or state legal requirement and the Commission finds that there has been a material adverse effect on the Fund or the interests of the Active Participants.

(3) A Fund fails to submit an attestation pursuant to Rule .0714 of this Section within 30 calendar days of the due date.

(4) The Manager of a Fund requests termination of certification.

(5) A Fund is dissolved or terminated.

(6) A Reporting Event has occurred, and the Commission finds that there has been a material adverse effect on the Fund or the interests of the Active Participants.

(b) A Decertification Period shall commence upon the Commission's adoption of a resolution terminating certification of a Fund, during which time the Manager of the Fund shall notify the Active Participants of the termination of certification and provide instructions on withdrawing assets from the Fund.

(c) Termination of certification shall be effective upon the conclusion of the Decertification Period.

History

  • Authority G.S. 159-3(f); 159-30(c)(8)
  • Eff. October 1, 2023.
20 NCAC 03 .0801 Approval of a System of Registration {#sec-20-ncac-03-.0801 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0801}

(a) No requests for approval of a system of registration shall be brought before the Commission except as provided in this Rule.

(b) If the issuer elects to use the system of registration established for the state and its political subdivisions by the current contract between a financial institution providing corporate trust services and the State Treasurer of North Carolina, the request for approval shall include a signed copy of the agreement permitting the issuer to operate a system of registration under said contract.

(c) If the issuer does not elect to use the system of registration, established for the state, the request for approval shall include a copy of all agreements necessary to effectuate the system, including all fee schedules and documentary evidence that any differences between the requested system and the system established for the state will not affect the initial issuance of the bonds in question or any subsequent issue of similar bonds.

(d) The Commission will not accept any requests for approval of a system of registration unless it specifies its application to a specific bond issue approved or to be approved by the Commission.

(e) The Commission hereby delegates to the secretary the authority to approve requests made under Paragraph (b) of the Rule.

History

  • Authority G.S. 159-3(f); 159E-4
  • Eff. August 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0802 Approval of Appointment of Agents {#sec-20-ncac-03-.0802 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0802}

(a) The Commission hereby delegates to the secretary the authority to approve any request for approval of the appointment of an agent which is a bank or trust company licensed to do corporate trust business in this state or, if not licensed in this state, with unimpaired capital notes, stock and surplus of at least one hundred million dollars ($100,000,000) and has provided the same or similar services over the last 12 month period for marketable bonds and notes of an average value of at least one billion dollars ($1,000,000,000).

(b) All other requests for approval of the appointment of agents shall be brought to the Commission with documentary evidence that the agent to be appointed will be acceptable to the market community and will not result in an increase in ability or cost of selling the bonds or notes of the issuer.

History

  • Authority G.S. 159-3(f); 159E-8
  • Eff. August 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0803 Maximum Rates for Agency Services {#sec-20-ncac-03-.0803 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0803}

The maximum rates for agency services shall be the rates in effect from time to time for provisions of like services to the state.

History

  • Authority G.S. 159-3(f); 159-134
  • Eff. August 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0901 Processing Applications {#sec-20-ncac-03-.0901 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0901}

(a) All applications for approval shall be reviewed by the staff for completeness and responsiveness to the statutory requirements. The Secretary may require such additional information from the applicant as he may deem necessary. The Secretary may request such additional information from any party making comments on the application as he may deem appropriate. Failure of a party to provide additional information may be used by the Commission as a factor in approving or denying the application.

(b) The Secretary, in his own discretion, may require a conference to which the applicant and all parties who comment on the application shall be invited. Attendance at this conference shall be compulsory for continued consideration of the application.

(c) The staff shall provide to the commission a summary of the application with particular attention to the factors established in any applicable statutory or administrative law and a proposed decision. Prior to making its decision the Commission may request additional information from any person or governmental agency which, it deems necessary for making its decision. The Commission may carry over the matter to any subsequent meeting.

(d) The Commission may approve or modify the request of the governmental unit and specify conditions under which the approval shall be valid, including, but not limited to, conditions of termination or revocation and conditions under which the unit may or may not be authorized to borrow money while the authorization is outstanding. A copy of the final decision shall be provided to the applicant and such other persons as request a copy.

History

  • Authority G.S. 159-3(f)
  • Eff. November 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0902 Hearing on Conformance to Prior Approvals {#sec-20-ncac-03-.0902 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0902}

History

  • Status: expired
  • Authority G.S. 159-3(f)
  • Eff. November 1, 1983
  • Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 03 .0903 Application to Amend: Prior Approvals {#sec-20-ncac-03-.0903 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0903}

(a) Whenever there is a substantial change in the economic environment or situation in which the governmental unit operates, the governing board of the governmental unit may make an application to amend a prior approval by the Commission.

(b) An application to amend prior approvals shall be submitted in the same manner as required for initial approval plus the following additional items in the Board resolution:

(1) A statement of the changes in the economic environment or situation and estimates of the financial effects thereof; and

(2) A statement of the modification of the approval being requested by the Board and the Board's reasoning for making each specific request for modification.

History

  • Authority G.S. 159-3(f)
  • Eff. November 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0904 County Use of Sales Taxes Pursuant to G.s. 105-487(c) {#sec-20-ncac-03-.0904 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0904}

(a) Any county desiring to make application to the Commission under G.S. 105-487(c) shall submit Form LGC-101, Application to Use Allocated Additional Sales Tax Revenue for Other Than School Capital Outlay Purposes, including debt service.

(b) The following documents shall be attached to the application:

(1) A certified copy of the resolution of the Board of county commissioners. The resolution shall contain as a minimum the following:

(A) The petition to the commission;

(B) The period for which the petition is to apply;

(C) The projected capital outlay requirements of the schools in the county during each year of the petition period;

(D) The sources from which the county intends to appropriate moneys for school capital outlay needs during each year of the petition period; and

(E) If the proposal contemplates the use of borrowed funds, the resolution shall identify the revenue sources to be used for repayment and the Board's reasoning for using borrowed funds as opposed to the pay-as-you-go concept inherent in the legislation authorizing the levy of the additional sales tax.

(2) A statement from the State Board of Education School Planning Division on its estimate of school capital outlay requirements during each year of the petition period.

(3) A certified copy of resolution of the school board(s) receiving capital outlay appropriations from the county on capital outlay requirements that the school board(s) anticipate during each year of the petition period. The resolution may contain such additional information and comments as the Board may deem appropriate.

History

  • Authority G.S. 105-487(c); 159-3(f)
  • Eff. November 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0905 Municipality Use of Sales Taxes Pursuant to G.s.105-487(c) {#sec-20-ncac-03-.0905 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0905}

(a) Any municipality desiring to make application to the Commission under G.S. 105-487(c) shall submit Form LGC-102, Application to Use Allocated Additional Sales Tax Revenues for Other Than Water and Wastewater Capital Needs, including debt service.

(b) The following documents shall be attached to the application:

(1) A certified copy of the resolution of the governing board. The resolution shall contain as a minimum the following:

(A) The petition to the commission;

(B) The period for which the petition is to apply;

(C) The projected capital needs for water and wastewater in the municipality or its extraterritorial service area during each year of the petition period;

(D) The sources from which the governing board intends to make appropriations to meet the water and wastewater capital needs during the petition period; and

(E) If the proposal contemplates the use of borrowed funds, the resolution shall identify the revenue sources to be used for repayment and the Board's reasoning for using borrowed funds as opposed to the pay-as-you-go concept inherent in the legislation authorizing the levy of the additional sales tax.

(2) A certification from the Health Services Division of the Department of Human Resources that the municipality's water system meets minimum state standards and an estimate of the future capital needs for adequate water during each year of the petition period.

(3) A certification from the Environmental Management Division of the Department of Natural Resources that the municipality's wastewater system meets minimum state standards and estimated future capital needs for adequate wastewater service during each year of the petition period.

History

  • Authority G.S. 105-487(c); 159-3(f)
  • Eff. November 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0906 Annexation: Requests by Rural Fire Department {#sec-20-ncac-03-.0906 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0906}

(a) A rural fire department may apply, pursuant to G.S. 160A-37.1 and 49.1, to the Commission for an order staying the operation of an annexation ordinance where it is alleged that no good faith offer of compensation has been made.

(b) The request shall be made in letter form signed by the president and secretary of the rural fire department. To this letter shall be attached the following:

(1) A certified copy of the resolution of the governing body of the fire department. The resolution shall contain as a minimum:

(A) The petition to the commission;

(B) The circumstances surrounding the annexation including all substantive dates.

(2) The history of the rural fire department with emphasis on changes in jurisdiction and debt during the period beginning 12 months prior to the adoption of intent with respect to the annexation.

(3) A map showing both the areas of jurisdiction of the fire department, any special districts related thereto, and the area to be annexed.

(4) A summary of discussions, meetings, etc. relating to any negotiations or requests by the rural fund department for fair compensation as defined in the law.

(c) The request shall be processed as provided in 20 NCAC 3.0901 except that the Secretary shall hold a conference at which both the city and the rural fire department shall be invited.

(d) The Commission hereby authorizes the secretary to issue, in his discretion, an order staying the annexation ordinance until the business day after the next actual meeting of the Commission or the executive committee thereof. The Secretary may in his discretion, vacate his order prior to expiration.

History

  • Authority G.S. 159-3(f); 160A-37.1; 160A-49.1
  • Eff. April 1, 1984
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .0907 Annexation: Assumption of Debt {#sec-20-ncac-03-.0907 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .0907}

(a) A city and a rural fire department may request the approval of a payment schedule for a share of the debt of the rural fire department to be paid by the city.

(b) The request shall be in letter form and shall be signed by the chairman and clerk to the governing board for the city and by the president and secretary for the rural fire department. The request shall include as a minimum the following:

(1) A map showing the jurisdiction of the rural fire department, any special districts related thereto and the area annexed;

(2) A summary of the history of the issuance or incurrance of the debt including all substantive dates;

(3) The payment schedule of the total debt and of the portion to be paid by the city;

(4) The calculation of the amount(s) to be paid by the city;

(5) Certified copies of resolutions of the governing boards of the city and of the rural fire department agreeing to the amounts to be paid by the city.

(c) The request shall be processed as provided in 20 NCAC 3.0901.

History

  • Authority G.S. 159-3(f); 160A-37.2; 160A-49.2
  • Eff. April 1, 1984
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .1001 Definitions {#sec-20-ncac-03-.1001 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .1001}

The words and phrases in this Section of the administrative rules will have the same meanings as set forth in G.S. 159-1 and G.S. 159B-3.

History

  • Authority G.S. 159-3(f); 159B-25(b)
  • Eff. November 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .1002 Who May Request a Hearing {#sec-20-ncac-03-.1002 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .1002}

Any municipality or joint agency that wishes to issue refunding bonds pursuant to G.S. 159B-25(b) and meets the time limits set forth in that subsection of the statute may request an evidentiary hearing before the Local Government Commission.

History

  • Authority G.S. 159-3(f); 159B-25(b)
  • Eff. November 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .1003 Petition for Hearing {#sec-20-ncac-03-.1003 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .1003}

The municipality or joint agency shall file a petition with the Secretary of the Local Government Commission setting forth the facts upon which its desire to issue refunding bonds is based and any legal arguments supporting its view that issuance of the refunding bonds is proper. The municipality or joint agency shall mail one original and ten copies of the petition to the office of the Secretary of the Local Government Commission at 3200 Atlantic Avenue, Raleigh, North Carolina 27604. No filing fee shall be required.

History

  • Authority G.S. 159-3(f); 159B-25(b)
  • Eff. November 1, 1990
  • Amended Eff. October 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .1004 Hearing Officer {#sec-20-ncac-03-.1004 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .1004}

The State Treasurer shall designate the hearing officer responsible for the conduct of the evidentiary hearing and for making a recommendation for decision to the Local Government Commission.

History

  • Authority G.S. 159-3(f); 159B-25(b)
  • Eff. November 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .1005 Time for the Hearing {#sec-20-ncac-03-.1005 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .1005}

The evidentiary hearing shall be scheduled by the hearing officer within 30 days of the receipt by the Secretary of the Local Government Commission of a petition requesting the hearing.

History

  • Authority G.S. 159-3(f); 159B-25(b)
  • Eff. November 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .1006 Notice of Hearing {#sec-20-ncac-03-.1006 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .1006}

The hearing officer shall give notice by certified mail of the time, date and place of the hearing to the petitioner and its member municipalities at least 15 days prior thereto.

History

  • Authority G.S. 159-3(f); 159B-25(b)
  • Eff. November 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .1007 Conduct of the Hearing {#sec-20-ncac-03-.1007 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .1007}

(a) If a party or interested person fails to appear after notice was given, the hearing officer may proceed with the hearing and make its decision in the absence of the party or interested person.

(b) The petitioner shall be given an opportunity to present arguments on matters of law and policy and an opportunity to present evidence on matters of fact as they relate to the issues set forth in Rule .1009 of this Section.

(c) The staff for the Local Government Commission shall be given an opportunity, if they so request in writing at least ten days before the scheduled hearing date, to present arguments on matters of law and policy and an opportunity to present evidence on matters of fact as they relate to the issues set forth in Rule .1009 of this Section. A copy of any written request from the staff must be served upon the petitioner and any parties known to have a direct interest in the hearing at the time the request is made.

(d) The rules of evidence for the hearing shall be as set forth in G.S. 150B-29.

(e) Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge of the hearing officer.

(f) The hearing officer is authorized to issue subpoenas upon his own motion or upon written request.

(g) An informal record containing in substance the evidence, contentions and arguments presented at the hearing shall be made. A verbatim transcript of the hearing may be requested by the petitioner, a participating party or the staff to the Commission. The costs of the production of the original verbatim transcript shall be borne by the party requesting it.

(h) The hearing officer is authorized to control the hearing, its length, and the order of the presentation of evidence and arguments and to require the submission of proposed findings and conclusions.

History

  • Authority G.S. 159-3(f); 159B-25(b)
  • Eff. November 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

The hearing officer shall issue a recommended decision in writing containing findings and conclusions as required under G.S. 159B-25(b). The recommended decision shall be issued within ten days of the completion of the hearing or the preparation of a verbatim transcript, whichever occurs last; and shall be presented promptly to the Local Government Commission.

History

  • Authority G.S. 159-3(f); 159B-25(b)
  • Eff. November 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 03 .1009 Final Decision {#sec-20-ncac-03-.1009 omnilex-key=us-nc-regs-official--title-20--20 NCAC 03 .1009}

(a) The Secretary shall call a meeting of the Local Government Commission or its Executive Committee within ten days of the receipt of the recommended decision and the review from the hearing officer.

(b) A copy of the final decision shall be served upon the petitioner, and all other parties participating in the hearing by certified mail or personal service.

History

  • Authority G.S. 159-3(f); 159B-25(b)
  • Eff. November 1, 1990
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

Chapter 04 Tax Review Board

20 NCAC 04 .0101 Location {#sec-20-ncac-04-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0101}

History

  • Status: repealed
  • Authority G.S. 105-269.2; 105-122; 105-130.4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0102 General Purpose {#sec-20-ncac-04-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0102}

History

  • Status: repealed
  • Authority G.S. 105-269.2; 105-122; 105-130.4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0103 Structure {#sec-20-ncac-04-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0103}

History

  • Status: repealed
  • Authority G.S. 105-269.2; 105-122; 105-130.4
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0201 Purpose {#sec-20-ncac-04-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0201}

History

  • Status: repealed
  • Authority G.S. 105-241.2; 105-259; 105-262; 150B-23; 150B-25; 150B-36; 150B-43
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; June 4, 1976
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0202 When Appeal Is Available {#sec-20-ncac-04-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0202}

History

  • Status: repealed
  • Authority G.S. 105-241.2; 105-259; 105-262; 150B-23; 150B-25; 150B-36; 150B-43
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; June 4, 1976
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0203 Procedure for Securing Appeal {#sec-20-ncac-04-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0203}

History

  • Status: repealed
  • Authority G.S. 105-241.2; 105-259; 105-262; 150B-23; 150B-25; 150B-36; 150B-43
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; June 4, 1976
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0204 Penalty for Non-Meritorious Appeal {#sec-20-ncac-04-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0204}

History

  • Status: repealed
  • Authority G.S. 105-241.2; 105-259; 105-262; 150B-23; 150B-25; 150B-36; 150B-43
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; June 4, 1976
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0205 Notice of Hearing {#sec-20-ncac-04-.0205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0205}

History

  • Status: repealed
  • Authority G.S. 105-241.2; 105-259; 105-262; 150B-23; 150B-25; 150B-36; 150B-43
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; June 4, 1976
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0206 Who shall hear the case {#sec-20-ncac-04-.0206 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0206}

History

  • Status: repealed
  • Authority G.S. 105-241.2
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Repealed Eff. August 1, 1988.
20 NCAC 04 .0207 Conduct of the Hearing {#sec-20-ncac-04-.0207 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0207}

History

  • Status: repealed
  • Authority G.S. 105-241.2; 105-259; 105-262; 150B-23; 150B-25; 150B-36; 150B-43
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; June 4, 1976
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L 2007-491 s. 2).
20 NCAC 04 .0208 Appeal from the Regular Tax Review Board {#sec-20-ncac-04-.0208 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0208}

History

  • Status: repealed
  • Authority G.S. 105-241.2; 105-259; 105-262; 150B-23; 150B-25; 150B-36; 150B-43
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; June 4, 1976
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L 2007-491 s. 2).
20 NCAC 04 .0209 Review of Decisions of the Commissioner of Insurance {#sec-20-ncac-04-.0209 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0209}

History

  • Status: repealed
  • Authority G.S. 105-241.2; 105-259; 105-262; 150B-23; 150B-25; 150B-36; 150B-43
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; June 4, 1976
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L 2007-491 s. 2).
20 NCAC 04 .0210 Final Decision {#sec-20-ncac-04-.0210 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0210}

History

  • Status: repealed
  • Authority G.S. 105-241.2; 105-259; 105-262; 150B-23; 150B-25; 150B-36; 150B-43
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988; June 4, 1976
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L 2007-491 s. 2).
20 NCAC 04 .0301 Purpose {#sec-20-ncac-04-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0301}

History

  • Status: repealed
  • Authority G.S. 105-122(c)(2); 105-130.4(s); 105-269.2; 150B-25; 150B-27; 150B-28; 150B-29; 150B-30
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0302 Who May Request a Hearing {#sec-20-ncac-04-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0302}

History

  • Status: repealed
  • Authority G.S. 105-122(c)(2); 105-130.4(s); 105-269.2; 150B-25; 150B-27; 150B-28; 150B-29; 150B-30
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0303 Petition for Hearing {#sec-20-ncac-04-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0303}

History

  • Status: repealed
  • Authority G.S. 105-122(c)(2); 105-130.4(s); 105-269.2; 150B-25; 150B-27; 150B-28; 150B-29; 150B-30
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0304 Time for Filing {#sec-20-ncac-04-.0304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0304}

History

  • Status: repealed
  • Authority G.S. 105-122(c)(2); 105-130.4(s); 105-269.2; 150B-25; 150B-27; 150B-28; 150B-29; 150B-30
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0305 Form for Filing {#sec-20-ncac-04-.0305 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0305}

History

  • Status: repealed
  • Authority G.S. 105-122(c)(2); 105-130.4(s); 105-269.2; 150B-25; 150B-27; 150B-28; 150B-29; 150B-30
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0306 Notice of Hearing {#sec-20-ncac-04-.0306 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0306}

History

  • Status: repealed
  • Authority G.S. 105-122(c)(2); 105-130.4(s); 105-269.2; 150B-25; 150B-27; 150B-28; 150B-29; 150B-30
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0307 Who Shall Hear the Case {#sec-20-ncac-04-.0307 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0307}

History

  • Status: repealed
  • Authority G.S. 105-122(c)(2); 105-130.4(s); 105-269.2; 150B-25; 150B-27; 150B-28; 150B-29; 150B-30
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0308 Conduct of the Hearing {#sec-20-ncac-04-.0308 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0308}

History

  • Status: repealed
  • Authority G.S. 105-122(c)(2); 105-130.4(s); 105-269.2; 150B-25; 150B-27; 150B-28; 150B-29; 150B-30
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0309 final decision {#sec-20-ncac-04-.0309 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0309}

History

  • Status: repealed
  • Authority G.S. 105-122(c)(2); 105-130.4(s); 105-269.2; 150B-25; 150B-27; 150B-28; 150B-29; 150B-30
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).
20 NCAC 04 .0310 appeal from the decision {#sec-20-ncac-04-.0310 omnilex-key=us-nc-regs-official--title-20--20 NCAC 04 .0310}

History

  • Status: repealed
  • Authority G.S. 105-122(c)(2); 105-130.4(s); 105-269.2; 150B-25; 150B-27; 150B-28; 150B-29; 150B-30
  • Eff. February 1, 1976
  • Readopted Eff. September 30, 1977
  • Amended Eff. August 1, 1988
  • Repealed Eff. January 1, 2008 pursuant to G.S. 150B-21.7 (see S.L. 2007-491, s. 2).

Chapter 05 Municipal Board of Control

20 NCAC 05 .0101 General Information {#sec-20-ncac-05-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 05 .0101}

History

  • Status: repealed
  • Authority G.S. 106A-6; 106A-8
  • 150A-12; 150A-17; 105A-23
  • Eff. February 1, 1976
  • Repealed Eff. October 1, 1982.
20 NCAC 05 .0102 Purposes: Functions: Duties: and Composition {#sec-20-ncac-05-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 05 .0102}

History

  • Status: repealed
  • Authority G.S. 106A-6; 106A-8
  • 150A-12; 150A-17; 105A-23
  • Eff. February 1, 1976
  • Repealed Eff. October 1, 1982.
20 NCAC 05 .0103 Forms Used by Agency {#sec-20-ncac-05-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 05 .0103}

History

  • Status: repealed
  • Authority G.S. 106A-6; 106A-8
  • 150A-12; 150A-17; 105A-23
  • Eff. February 1, 1976
  • Repealed Eff. October 1, 1982.
20 NCAC 05 .0104 Rulemaking Procedures {#sec-20-ncac-05-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 05 .0104}

History

  • Status: repealed
  • Authority G.S. 106A-6; 106A-8
  • 150A-12; 150A-17; 105A-23
  • Eff. February 1, 1976
  • Repealed Eff. October 1, 1982.
20 NCAC 05 .0105 Declaratory Rulings {#sec-20-ncac-05-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 05 .0105}

History

  • Status: repealed
  • Authority G.S. 106A-6; 106A-8
  • 150A-12; 150A-17; 105A-23
  • Eff. February 1, 1976
  • Repealed Eff. October 1, 1982.
20 NCAC 05 .0106 Contested Case Hearings {#sec-20-ncac-05-.0106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 05 .0106}

History

  • Status: repealed
  • Authority G.S. 106A-6; 106A-8
  • 150A-12; 150A-17; 105A-23
  • Eff. February 1, 1976
  • Repealed Eff. October 1, 1982.
20 NCAC 05 .0201 Municipal Incorporation Petitions {#sec-20-ncac-05-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 05 .0201}

History

  • Status: repealed
  • Authority G.S. 160A-6; 160A-7; 160A-8
  • 160A-9.2
  • Eff. February 1, 1976
  • Repealed Eff. October 1, 1982.
20 NCAC 05 .0202 Evidence to Accompany Petition {#sec-20-ncac-05-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 05 .0202}

History

  • Status: repealed
  • Authority G.S. 160A-6; 160A-7; 160A-8
  • 160A-9.2
  • Eff. February 1, 1976
  • Repealed Eff. October 1, 1982.
20 NCAC 05 .0203 Population Certification {#sec-20-ncac-05-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 05 .0203}

History

  • Status: repealed
  • Authority G.S. 160A-6; 160A-7; 160A-8
  • 160A-9.2
  • Eff. February 1, 1976
  • Repealed Eff. October 1, 1982.
20 NCAC 05 .0204 Parties to Proceeding: Incorporation Hearing {#sec-20-ncac-05-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 05 .0204}

History

  • Status: repealed
  • Authority G.S. 160A-6; 160A-7; 160A-8
  • 160A-9.2
  • Eff. February 1, 1976
  • Repealed Eff. October 1, 1982.

Chapter 07 Collateralization of Deposits

20 NCAC 07 .0101 General Information {#sec-20-ncac-07-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0101}

(a) This Chapter sets forth the manner in which the official depositories shall provide the collateralization of the uninsured balances on deposit in accordance with provisions in G.S. 18B-702(d), G.S. 115C-443 and 444, G.S. 115D-58.6(b) and 58.7(b), and G.S. 147-69.1 and 79, G.S. 159-30 and 31, G.S. 116-36.1(h), and G.S. 84-34.1

(b) All correspondence to the State Treasurer under this Chapter shall be addressed to: Division of Investment and Banking, Department of State Treasurer, 3200 Atlantic Avenue, Raleigh, North Carolina 27604.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted with Change Eff. February 1, 1982
  • Amended Eff. April 1, 1994; August 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Amended Eff. September 1, 2019.
20 NCAC 07 .0102 Definition of Terms {#sec-20-ncac-07-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0102}

The words and phrases defined in this Rule will have the meanings indicated when used in this Chapter, unless the context clearly requires another meaning:

(1) "Affiliate" means "affiliate" as defined in 12 USC 371c(b)(1) including subsequent amendments.

(2) "Demand Deposits" are all deposits that are not time deposits as defined in these Rules, i.e. all non-interest bearing deposits.

(3) "Deposit Accounts" include all demand and time deposits as defined in these Rules.

(4) "Deposit Insurance" means the insurance provided by the Federal Deposit Insurance Corporation.

(5) "Depository" means a financial institution into which the State Treasurer or a participating unit is empowered to deposit money with or without interest, and which is required by law to secure the deposits with deposit insurance and collateral securities.

(6) "Governmental Unit" includes any city, town, county, special district, public hospital, public authority, whose deposits are required to be secured.

(7) " Participating Unit" means any governmental unit, any city or county school administrative unit, any community college, any local ABC board, any university depositing moneys pursuant to G.S. 116-36(h), and the State Bar of North Carolina.

(8) " Public Depositor" means the State Treasurer or the person charged with the custody of public deposits of a participating unit. In the case of special funds of the individual schools of a city or county school administrative unit, this person is the school finance officer.

(9) "Public Deposits" means all deposits made to the account of the State Treasurer and all deposits made by a participating unit in any depository, including those held by the depository in an escrow capacity.

(10) "State Funds" means deposits to the account of the State Treasurer.

(11) "State Treasurer" means the State Treasurer of North Carolina.

(12) "Time Deposits" means interest-bearing deposits, including savings accounts, negotiable order of withdrawal (NOW) accounts, money market deposit accounts (MMDA), and certificates of deposits and savings certificates, both negotiable and non-negotiable.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted with Change Eff. February 1, 1982
  • Amended Eff. April 1, 1994; September 1, 1988; June 1, 1984; November 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0103 Notification by Depositor {#sec-20-ncac-07-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0103}

(a) When opening a new deposit account, the public depositor shall provide the depository either written or oral notification that the deposits in said deposit account are public deposits subject to the collateralization rules.

(b) As of June 30 of each year, or when requested by the State Treasurer, the public depositor shall provide the depository Form COLL-91, "Annual Notification of Accounts by Public Depositor," listing the current account names and numbers of all public deposit accounts, and shall provide a duplicate copy to the State Treasurer. Form COLL-91 shall be certified by the public depositor that the statements are correct.

(c) If the depository has any reason to believe that a deposit account for which it has not received a notification pursuant to Paragraph (a) of this Rule is in fact a public deposit, it may forward to the public depositor a written request for verification of the deposit account. The public depositor shall respond promptly to this request in writing to the depository.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted with Change Eff. February 1, 1982
  • Amended Eff. April 1, 1994; September 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Amended Eff. November 1, 2020.
20 NCAC 07 .0104 Methods of Securing Deposits {#sec-20-ncac-07-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0104}

(a) Deposits of Public Depositors. Except for public deposits of housing authorities each depository shall have the following options:

(1) Dedicated Method. To secure all uninsured public deposits of each public depositor separately. The depository shall maintain a record of all securities pledged, with such record being an official record of the depository and made available to examiners or representatives of all regulatory agencies. Each public depositor shall maintain a record of the securities pledged for monitoring purposes.

(2) Pooling Method. To secure all uninsured public deposits of every public depositor through a pool of collateral established by the depository with the State Treasurer for the benefit of the State and the participating units. The depository shall maintain a record of all securities pledged, with such record being an official record of the depository and made available to examiners or representatives of all regulatory agencies. The State Treasurer shall maintain a record of the securities pledged for monitoring purposes.

(b) Notwithstanding the definitions in 20 NCAC 7 .0102, housing authorities established pursuant to G.S. 157, Article 1 and operating under the provisions of the United States Housing Act of 1937, as amended, shall not be eligible to be included in the Pooling Method. The deposits of such housing authorities shall be collateralized under the Dedicated Method, and in accordance with any further restrictions required by regulations of the United States Department of Housing and Urban Development.

(c) The State Treasurer shall maintain a listing of depositories which have selected the Pooling Method, and shall periodically make such listing available to all participating units.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted with Change Eff. February 1, 1982
  • Amended Eff. April 1, 1994; November 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0105 Exercising the Pooling Method {#sec-20-ncac-07-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0105}

(a) Unless and until the requirements of this Rule are met, the depository is considered to be under the Dedicated Method.

(b) If the depository selects the Pooling Method, it shall:

(1) Submit to the State Treasurer a letter of intent, indicating the effective date it desires to convert to the Pooling Method, which shall not be prior to the date the requirements of this Rule are met.

(2) Submit to the State Treasurer an executed Form COLL-93A, "Security Agreement with Resolution," required to comply with Rule .0305 of this Chapter.

(3) Submit to the State Treasurer all executed escrow agreements required to comply with Rule .0303(b) of this Chapter.

(4) Submit to the State Treasurer Form COLL-99, "Selected Financial Data Report," referred to in Rule .0501(c) of this Chapter.

(5) Submit to the State Treasurer Form COLL-97, "Annual Report of Public Deposit Accounts by Bank," referred to in Rule .0502(c) of this Chapter; however, the report shall be for the period immediately preceding the date of the election of the Pooling Method.

(6) Submit to each public depositor Form COLL-92, "Election of Pooling Method by Bank," notifying them that it has opted to pool the collateral of all public deposits through the State Treasurer; and provide the State Treasurer a duplicate copy of all "Election of Pooling Method by Bank" forms.

(c) When the Pooling Method is chosen, the depository shall pledge the required amount of collateral with the escrow agent in one of two ways:

(1) The depository shall request the public depositor to sign a letter authorizing the escrow agent to release any collateral securities pledged to the participating unit to be simultaneously repledged to the State Treasurer, with the effective date of the release not being prior to the effective date indicated on the Form COLL-92. The recognized effective date shall be the date on which the escrow agent records the pledge of the required collateral securities to the State Treasurer.

(2) The depository shall first pledge the required amount of collateral securities with the escrow agent to the account of the State Treasurer, and then request the public depositor to sign a letter authorizing the escrow agent to release any collateral securities pledged to the participating unit without substitution. The recognized effective date shall be the effective date indicated on the Form COLL-92.

(d) The public depositor shall promptly sign any authorization letter referred to in Paragraph (c) of this Rule.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted with Change Eff. February 1, 1982
  • Amended Eff. April 1, 1994; September 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Amended November 1, 2020.
20 NCAC 07 .0106 Forms {#sec-20-ncac-07-.0106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0106}

The following forms shall be promulgated by the State Treasurer and shall be used for the purpose outlined in this Chapter unless specific permission is given to use a substitute:

(1) COLL-91 Annual Notification of Accounts by Public Depositor,

(2) COLL-92 Election of Pooling Method by Bank,

(3) COLL-93A Security Agreement with Resolution (Pooling Method),

(4) COLL-93B Escrow Agent Agreement (Pooling Method),

(5) COLL-94A Security Agreement with Resolution (Dedicated Method),

(6) COLL-94B Escrow Agent Agreement (Dedicated Method),

(7) COLL-95 Request for Collateral Pledge and/or Release,

(8) COLL-96 Report on Public Deposits by Month or Quarter,

(9) COLL-97 Annual Report of Public Deposit Accounts by Bank,

(10) COLL-98 Collateral Report for Public Deposits,

(11) COLL-99 Selected Financial Data Report.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. February 1, 1982
  • Amended Eff. April 1, 1994; September 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Amended Eff. November 1, 2020.
20 NCAC 07 .0107 Duty of Depository {#sec-20-ncac-07-.0107 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0107}

By accepting public deposits, the depository assumes the duty and responsibility of maintaining adequate collateral as provided by law and in accordance with the provisions of this Chapter, for all uninsured deposits in accounts for which the public depositor has notified the depository pursuant to Rule .0103 of this Chapter.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. September 1, 1988
  • Amended Eff. April 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0201 Eligible Investment Securities {#sec-20-ncac-07-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0201}

The following types of investment securities are eligible for pledging as security provided that the securities are currently eligible for investment by the depository and can be included at full value in the reserves of the depository:

(1) Obligations of the United States of America;

(2) Obligations of any agency or instrumentality of the United States of America if the payment of such obligations is fully guaranteed by the United States of America;

(3) Obligations of the State of North Carolina, the N.C. Medical Care Commission, the N.C. Housing Finance Agency, the N.C. State Education Assistance Authority and the component institutions of the University of North Carolina;

(4) Bonds or notes of any North Carolina local government or public authority issued with the approval of the Local Government Commission and not currently in default on payment of interest or principal of any of its bonds or notes;

(5) General obligations bonds of other states whose full faith and credit are pledged to the payment of principal and interest thereof;

(6) Bonds, notes and other direct obligations of the Federal Financing Bank, the Farm Credit System, the Federal Land Banks, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Housing Administration, the Farmers Home Administration, the United States Postal Service, the Export-Import Bank, the International Bank for Reconstruction and Development, the International Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the Student Loan Marketing Association;

(7) Bonds or notes of a housing authority established or to be established pursuant to Article 1, Chapter 157 of the General Statutes of North Carolina or issued by any public housing authority or agency in the United States, when such bonds and notes are secured by a pledge of an annual contribution to be paid by the United States government or any agency thereof, or bonds or notes which may be issued by a not-for-profit corporate agency of a housing authority secured by rentals payable pursuant to Section 23 of the United States Housing Acts of 1937, as amended;

(8) Pre-refunded bonds and bonds escrowed to maturity - if the issuer shall have applied for and received a re-rating of "AAA" by at least one nationally recognized rating service by reason of U.S. Government securities being escrowed with the trustee;

(9) Special obligation bonds - if they were originally rated "AAA" by reason of U.S. Government securities being escrowed with the trustee;

(10) Prime quality commercial paper bearing the highest rating of at least one nationally recognized rating service and not bearing a rating below the highest by any nationally recognized rating service which rates the particular obligation;

(11) Bills of exchange or time drafts drawn on and accepted by a commercial bank and eligible for use as collateral by member banks in borrowing from a federal reserve bank, provided that the accepting bank or its holding company either:

(a) is incorporated in the State of North Carolina; or

(b) has outstanding publicly held obligations bearing the highest rating of at least one nationally recognized rating service and not bearing a rating below the highest by any nationally recognized rating service which rates the particular obligations.

In case of questions, it is the responsibility of the depository to demonstrate that the security pledged does fulfill the requirements of this Rule.

History

  • Authority G. S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted with Change Eff. February 1, 1982
  • Amended Eff. April 1, 1994; June 1, 1984; November 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0202 Amount of Collateral Required to Be Pledged {#sec-20-ncac-07-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0202}

(a) Under the Dedicated Method, each depository, which is required to pledge collateral to secure the deposit accounts of a public depositor, shall maintain collateral with an escrow agent equal to or in excess of 100 percent of the total amount of all deposit accounts to the credit of the public depositor less the allowable credit for deposit insurance.

(b) Under the Pooling Method, the amount of required collateral shall be the sum of the amounts required to be collateralized for all public depositors in the depository calculated as follows:

(1) Demand Deposits. 100 percent of the average daily balance for the calendar year to date, or 100 percent of the average daily balance for the immediate preceding three calendar month period, or 100 percent of the average daily balance for the current month to date, or such greater amount as shall be given prior approval by the State Treasurer, less the applicable deposit insurance for each public depositor. Calculations for any period other than the "current month to date" method may be based on the period ending the last day of the prior month. At the option of the State Treasurer, the Treasurer may require calculations to be in accordance with the requirements of the Dedicated Method, if it is deemed that the averaging method for a particular depository does not accurately reflect the amount of deposits to be secured.

(2) Time Deposits. 100 percent of the actual current balance, less the applicable deposit insurance for each public depositor.

(c) The maximum amounts of deposit insurance which may be applied to a public depositor shall be one hundred thousand dollars ($100,000) on demand deposits and a separate one hundred thousand dollars ($100,000) on time deposits ; however, the deposits in the name of an individual school treasurer shall be allowed one hundred thousand dollars ($100,000) total insurance on both time and demand deposits combined. An unused amount of insurance may not be applied to another public depositor or to another type of deposit.

(d) All eligible securities pledged shall be valued at current market.

(e) The public depositor in the case of the Dedicated Method and the State Treasurer in the case of the Pooling Method may require the amount of collateral to be pledged by the depository to be 10 percent greater than the amount required under this Rule, if the market value of pledged securities is below the amount reasonably required to insure public deposits against the risks apparent at the time of the request.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted with Change Eff. February 1, 1982
  • Amended Eff. April 1, 1994; September 1, 1988; November 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0203 Surety Bonds {#sec-20-ncac-07-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0203}

Surety bonds with a corporate surety may be substituted in lieu of part or all of the collateral required under this Chapter under the following conditions:

(1) The company is licensed by the Commissioner of Insurance to conduct the business of suretyship in North Carolina, and is acceptable to the State Treasurer.

(2) The company may not provide surety bonds to collateralize public deposits within North Carolina in amounts exceeding the underwriting limitations established by the U.S. Department of the Treasury as provided in Sections 3904 to 3908 of Title 31 of the United States Code or successor provisions.

(3) The bond must not permit reduction in the penal amount except with the express written permission of the State Treasurer in the case of the Pooling Method, or public depositor in the case of the Dedicated Method.

(4) The company must agree to provide the State Treasurer a quarterly report listing all surety bonds issued to collateralize public deposits in North Carolina. The report shall list at a minimum the person to whom issued, the depository for whom issued, the penal sum at the end of the quarter, the highest penal sum during the quarter and the date(s) to which the highest penal sum applied, and the underwriting limitation as defined in Paragraph (2) of this Rule currently in effect.

(5) The surety bond must include the rules in 20 NCAC 7 by reference and provide that said rules and the definitions therein shall prevail in all questions of conflict with other provisions of the bond.

(6) The bond shall be payable in federal funds no later than the tenth calendar day after final adjudication. Final adjudication means the issuance of a ruling by the State Treasurer that a default exists, which ruling has not been stayed by an appeal of the ruling as provided by law.

The words "collateral" and "collateralize" shall include surety bonds and the use of surety bonds when used in any rule of this Chapter not incompatible with this Rule.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. November 1, 1983
  • Amended Eff. April 1, 1994; June 1, 1984
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0301 Eligible Escrow Agents {#sec-20-ncac-07-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0301}

All securities pledged to secure public deposits shall be deposited either:

(1) with a Federal Reserve Bank or a Federal Home Loan Bank or a branch thereof pursuant to Rule .0302 of this Section; or

(2) with a national or state-chartered bank which is not an affiliate of the depository and which has the authority to conduct a trust business pursuant to Rule .0303 of this Section.

History

  • Authority G. S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted Eff. February 1, 1982
  • Amended Eff. April 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0302 Escrow with Federal Reserve Bank or Federal Home Loan Bank {#sec-20-ncac-07-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0302}

(a) Securities pledged with a Federal Reserve Bank or a branch thereof shall be deposited under Circular 16 of the Federal Reserve Banks in the name of the State Treasurer in the case of the Pooling Method or the public depositor in the case of the Dedicated Method. The appropriate signature card must be executed.

(b) Securities pledged with a Federal Home Loan Bank or a branch thereof shall be deposited pursuant to Rule .0303(b) of this Section, and pursuant to the terms of the Federal Home Loan Bank's "Pledge Agreement Custody Receipt" which may be in effect from time to time. The pledgee shall be the State Treasurer in the case of the Pooling Method or the public depositor in the case of the Dedicated Method.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted with Change Eff. February 1, 1982
  • Amended Eff. April 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0303 Escrow with a National or State-Chartered Bank {#sec-20-ncac-07-.0303 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0303}

(a) Any bank or trust company which is not an affiliate of the depository, and which is authorized to conduct a trust business and is chartered by the United States government or any of its fifty states is eligible to act as an escrow agent.

(b) All escrow accounts shall be established with the appropriate Escrow Agent Agreement. Escrow accounts for the State Treasurer under the Pooling Method shall be established by Form COLL-93B. Escrow accounts for a public depositor under the Dedicated Method shall be established by Form COLL-94B. The escrow agent agreements shall contain the necessary language to establish the required trust as provided in this Chapter.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted with Change Eff. February 1, 1982
  • Amended Eff. April 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Amended eff. November 1, 2020.
20 NCAC 07 .0304 Pledging and Releasing Collateral {#sec-20-ncac-07-.0304 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0304}

(a) All pledges and releases of collateral to or from an escrow account shall be initiated by means of Form COLL-95, "Request for Collateral Pledge and/or Release." The form shall require the following:

(1) Amount and description (including CUSIP numbers) of securities to be released and pledged;

(2) The effect of the transaction(s) on the total collateral pledged, including the percentage of excess then pledged, if a decrease;

(3) Prior approval of all releases and substitutions of collateral by the State Treasurer or public depositor, as applicable;

(4) That all transactions be reported to the State Treasurer or public depositor as applicable; and

(5) Certification by an authorized official of the depository that after the transaction(s) are completed, the collateral pledged meets the requirements of Rule .0202 of this Chapter.

(b) Nothing in this Rule shall have the effect of reducing the obligations of the depository to secure public deposits or the required amount of collateral to be pledged.

(c) The depository may substitute its own format for Form COLL-95 provided the format is substantially the same in content and order of presentation.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted with Change Eff. February 1, 1982
  • Amended Eff. April 1, 1994; September 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Amended November 1, 2020.
20 NCAC 07 .0305 Security Agreements {#sec-20-ncac-07-.0305 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0305}

(a) Under the Dedicated Method, each depository which is required to pledge collateral to secure the deposits of a public depositor, shall execute with the public depositor Form COLL-94A, "Security Agreement with Resolution (Dedicated Method)." Form COLL-94A shall consist of both a "Depository Resolution" and a "Security Agreement."

(b) Each depository that elects the Pooling Method is required to execute with the State Treasurer Form COLL-93A, "Security Agreement with Resolution (Pooling Method)." Form COLL-93A shall consist of both a "Depository Resolution" and a "Security Agreement."

(c) Forms COLL-93A and COLL-94A shall contain the necessary language required to establish the provisions for the perfected delivery of collateral securities pursuant to the requirements of the Federal Deposit Insurance Corporation's Policy Statement dated March 23, 1993, which is incorporated herein by reference including later amendments thereto, and of the North Carolina Uniform Commercial Code. A copy of the Federal Deposit Insurance Corporation Policy Statement may be obtained from the Investment and Banking Division, 3200 Atlantic Avenue, Raleigh, North Carolina 27604 on receipt of a request accompanied by a self addressed, stamped # 10 envelope.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. November 1, 1983
  • Amended Eff. April 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Amended Eff. September 1, 2019
  • Amended Eff. November 1, 2020.
20 NCAC 07 .0401 Request for Delivery of Pledged Securities {#sec-20-ncac-07-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0401}

(a) The State Treasurer shall, upon default of the depository, request delivery of such part of the pledged collateral as may be needed to hold the State Treasurer and or any participating unit harmless from losses incurred by the default. The State Treasurer shall have full discretion as to the amounts and securities to be delivered but shall attempt to choose those securities which he believes to be the most saleable in the circumstances.

(b) A default is defined as the failure of the depository to fulfill its statutory duties to honor timely requests for withdrawals. A legitimate dispute regarding the liability of the depository for specific items of deposit or withdrawal shall not be considered a default during the period of adjudicating the dispute so long as the disputed amounts are 100 percent separately collateralized by the depository at market value in accordance with this Chapter.

(c) The State Treasurer shall provide at least 24 hours notice to the depository and may provide up to 7 calendar days notice of his order to the escrow agent to deliver part or all of the pledged securities to the State Treasurer and notice of the amount of the default. During the notice period the depository shall have the right to pay off the amount in default in full by the sale of any of the securities pledged which the depository chooses to sell, provided that the escrow agent or the depository shall transfer the entire amount of the default in federal funds to the State Treasurer prior to the due date for delivery of the pledged securities. This notice may be provided solely by telephone communication.

History

  • Authority G. S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted Eff. February 1, 1982
  • Amended Eff. April 1, 1994; November 1, 1983
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0402 Safekeeping of Delivered Securities {#sec-20-ncac-07-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0402}

(a) The State Treasurer may, at his sole discretion, require delivery either to the Investment and Banking Division, Department of State Treasurer, 3200 Atlantic Avenue, Raleigh, North Carolina 27604 or to any duly licensed State chartered or national bank designated by the State Treasurer.

(b) The State Treasurer shall use the same care with respect to the custody of the delivered securities as he exercises with respect to the State investments in his custody but he shall not insure the delivered securities against any risks.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted Eff. February 1, 1982
  • Amended Eff. April 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Amended Eff. September 1, 2019.
20 NCAC 07 .0403 Certification of Default by Public Depositors {#sec-20-ncac-07-.0403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0403}

(a) The public depositor shall provide to the State Treasurer a statement of all circumstances which he feels gives rise to a default. Each public depositor is required to discuss with the State Treasurer the need for a determination on the existence of a default prior to the sending of the statement. The statement shall be notarized and mailed to the State Treasurer certified mail, return receipt requested. In addition, each public depositor shall provide the State Treasurer with certified copies of the security agreement with resolution, the escrow agent agreements, or other agreement, and a current list of securities pledged to secure the applicable deposit accounts.

(b) The State Treasurer shall make a determination no later than the close of the business day, next following receipt of the request with regard to the default. The State Treasurer shall determine that:

(1) a default has occurred,

(2) a default has not occurred, or

(3) that additional information is necessary before a ruling can be made.

If additional information is necessary, the public depositor may provide the information required. If it is provided, the public depositor shall submit the information, notarized, by certified mail, return receipt requested. Receipt of the new information shall be considered to be a new request for determination. Appeal of a determination of the State Treasurer shall be considered a contested case.

(c) Upon determining that there is a default as regards a public depositor other than the State Treasurer, the State Treasurer shall proceed under Rule .0401 of this Section.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted Eff. February 1, 1982
  • Amended Eff. April 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0404 Sale of the Delivered Securities {#sec-20-ncac-07-.0404 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0404}

(a) The State Treasurer shall canvass its normal buyers for the type of securities which are to be sold and all potential buyers furnished to him by the depository from among licensed dealers who either make a market in the security or are currently offering to buy the security.

(b) The State Treasurer shall sell as much of the securities as are needed to provide cash to cover the amount of the default. The State Treasurer may sell, at his sole discretion, all or part of any specific issue of security to be sold.

(c) The State Treasurer shall deposit from the proceeds of the sale the amount of any default on deposit accounts of State funds in the applicable fund of the State and shall return all unsold securities and excess cash to the depository. The State Treasurer shall provide to the depository a release for the amount of default paid and such other documentation as may be appropriate to enable the depository to pursue a claim against a third party for the amount of the default.

(d) If the default is on deposit accounts of a public depositor of a participating unit, the State Treasurer shall retain the amount of the default and shall return all unsold securities and excess cash to the depository. The State Treasurer shall determine the amount distributable from the proceeds of the sale to each public depositor, not to exceed the uninsured amount in default. The State Treasurer shall pay the amount to the public depositor after receiving from the public depositor a release, in duplicate, for the amount in default paid and such other documentation as may be appropriate to enable the depository to pursue a claim against a third party for the amount of the default.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted Eff. February 1, 1982
  • Amended Eff. April 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0501 Quarterly Reporting {#sec-20-ncac-07-.0501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0501}

(a) In the case of the Dedicated Method, the depository shall report to each public depositor the total par value and market value of securities pledged on the last day of the calendar quarter with the escrow agent(s) to secure public deposits of the public depositor. The reports shall be submitted no later than the last day of the following month.

(b) In the case of the Pooling Method, the depository shall submit Form COLL-96, "Report on Public Deposits by Month or Quarter," to the State Treasurer no later than the last day of the month following the end of the calendar quarter. The report shall be dated on the last working day of the calendar quarter, shall summarize the accounts secured, shall summarize the amounts insured and secured at market, shall indicate the amount and percentage of excess collateral pledged, and shall be certified by an authorized officer of the depository that the statements are correct.

(c) In addition to the Quarterly Report required by Rule .0501(b) of this Rule, a depository utilizing the Pooling Method shall submit to the State Treasurer Form COLL-99, "Selected Financial Data Report," which is a report containing selected financial data contained in either the current quarterly report of condition required by the Federal Deposit Insurance Act (12 U.S.C.) or the current quarterly report required to be filed with the Federal Home Loan Bank Board, as applicable.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted with Change Eff. February 1, 1982
  • Amended Eff. April 1, 1994; September 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Amended Eff. November 1, 2020.
20 NCAC 07 .0502 Annual Reporting {#sec-20-ncac-07-.0502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0502}

(a) In the case of the Dedicated Method, on or before July 31 of each year, the depository shall submit to each public depositor Form COLL-98.

(b) In the case of the Pooling Method, on or before July 31 of each year, each depository shall submit to the State Treasurer Forms COLL-97 and COLL-98, in addition to the quarterly report (COLL-96) dated June 30.

(c) Form COLL-97, "Annual Report of Public Deposit Accounts by Bank," shall be dated June 30, shall list all public depositors, and for each public depositor, show the amounts on deposit by type, identify the amounts insured by type, and shall be certified by an authorized officer of the depository that the statements are correct.

(d) Form COLL-98, "Collateral Report for Public Deposits," shall be dated June 30, shall list and describe all collateral pledged (including CUSIP number, par and market value), with each escrow agent for the public depositor or State Treasurer, and shall be certified by an authorized officer of the depository that the statements are correct.

(e) The depository may substitute its own format for Form COLL-97 and COLL-98, provided the format is substantially the same in content and order of presentation.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted with Change Eff. February 1, 1982
  • Amended Eff. April 1, 1994; September 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Amended Eff. November 1, 2020.
20 NCAC 07 .0503 Special Call Report {#sec-20-ncac-07-.0503 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0503}

Not more often than once in each annual period, the State Treasurer may require each depository to furnish a report in the same detail as the annual report as of any business day not more than 10 calendar days before the date at which the special request for the report is mailed. In addition, the State Treasurer may require a detailed report listing the account numbers of each public depositor.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. August 1, 1980
  • Readopted with Change Eff. February 1, 1982
  • Amended Eff. April 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0504 Special Reporting Rule for Dedicated Method Depositories {#sec-20-ncac-07-.0504 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0504}

A depository which has State funds and which has elected the Dedicated Method shall file, in addition to all forms required under the Dedicated Method, Form COLL-99, "Selected Financial Data Report," referred to in Rule .0501, Paragraph (c) of this Section.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. February 1, 1982
  • Amended Eff. April 1, 1994; September 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016
  • Amended Eff. November 1, 2020.
20 NCAC 07 .0505 Additional Monthly Reporting Requirements {#sec-20-ncac-07-.0505 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0505}

In the case of the Pooling Method, the State Treasurer may at any time and at his own discretion direct the depository to file a report in the same format as the Quarterly Report required by Rule .0501(b), but on a monthly basis. However, the monthly reporting directive shall be required under any one of the following circumstances:

(1) A required report is repeatedly not filed timely.

(2) A required report is filed with a material error.

(3) A Quarterly Report required by Rule .0501(b) is filed indicating that "excess" collateral pledged is less than 10 percent of the amount required by Rule .0202.

(4) The depository has been notified that the State Treasurer has invoked Rule .0202(e), requiring additional collateral.

Such monthly reporting directive shall be effective for a period of six months, after which time the depository may resume quarterly reporting. However, subsequent violations shall extend the period of monthly reporting as set forth in this Rule.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. September 1, 1988
  • Amended Eff. April 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0601 Audit {#sec-20-ncac-07-.0601 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0601}

The State Treasurer may cause such audits to be performed as he believes necessary, or may request the active assistance of the State Auditor of North Carolina and of all federal and state regulatory agencies to assist him in the enforcement of the law and regulations regarding collateralization of public deposits pursuant to this Chapter.

History

  • Authority G.S. 115C-444(b); 159-31(b)
  • Eff. August 1, 1980
  • Readopted Eff. February 1, 1982
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0602 Revocation {#sec-20-ncac-07-.0602 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0602}

The State Treasurer may at any time and at his own discretion revoke the right of a depository to use the Pooling Method pursuant to 20 NCAC 7. An appeal of such an order shall be considered a contested case. During the processing of the contested case the order shall remain in effect.

History

  • Authority G.S. 115C-444(b); 159-31(b)
  • Eff. August 1, 1980
  • Readopted Eff. February 1, 1982
  • Amended Eff. April 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 07 .0603 Acceleration of Maturities {#sec-20-ncac-07-.0603 omnilex-key=us-nc-regs-official--title-20--20 NCAC 07 .0603}

(a) Whenever any depository shall fail to correct a deficiency in collateral pursuant to this Chapter, including but not limited to Rule 20 NCAC 7 .0202(e), the State Treasurer or the public depositor of a participating unit, as the case may be, shall cause to be made an oral demand to the depository to correct the deficiency.

(b) The public depositor, in the case of the Dedicated Method, shall report any failure of a depository to correct a deficiency in the collateral pursuant to this Chapter to the State Treasurer no less than one full work day after the oral request to correct the deficiency. This report shall include a full statement of the circumstances surrounding the deficiency. The report shall be oral but shall be immediately followed by a written report.

(c) The State Treasurer, after receiving the oral report from a public depositor pursuant to Paragraph (b) or no less than one full work day after the oral request was made in his name to a depository which fails to correct the deficiency in the collateral required by this Chapter, shall issue a written request to the depository to correct a deficiency in the collateral required by this Chapter. The depository may request an informal hearing before the State Treasurer within seven days of the receipt of the request. The appeal of the ruling by the State Treasurer shall be a contested case heard pursuant to Subchapter 1F of this Title.

(d) Any depository which after receiving the written request to correct a deficiency in the collateral does not correct the deficiency shall be subject to the provision of automatic acceleration of time deposits of public depositors having fixed maturities. On or after seven days from the receipt of the written request sent pursuant to Paragraph (c) of this Rule or three days from the receipt of the written decision of the State Treasurer arising from the hearing, the State Treasurer may cause all time deposits having fixed maturities to be accelerated and become due and payable on demand without any loss in interest through the date actually paid by the depository.

History

  • Authority G.S. 115C-444(b); 147-79; 159-31(b)
  • Eff. November 1, 1983
  • Amended Eff. April 1, 1994
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.

Chapter 08 Escheats and Abandoned Property

20 NCAC 08 .0101 Organization and Functions {#sec-20-ncac-08-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0101}

(a) The Escheat Fund is operated by the Escheat and Unclaimed Property Section of the Department of State Treasurer. This section is charged with the collection of escheats and abandoned property from all holders, the administration of the fund and the processing of claims for escheated property.

(b) The following is general information about the Escheat Fund:

(1) The chief officer is the Escheat Administrator;

(2) The mailing address is Department of State Treasurer, 3200 Atlantic Avenue, Raleigh, North Carolina 27604; and

(3) The office is located at 3200 Atlantic Avenue, Raleigh, North Carolina.

(c) Examination of records may be made from 9:00 a.m. to 11:30 a.m. and 1:00 p.m. to 4:00 p.m., Monday through Friday.

History

  • Authority G.S. 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001; November 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016
  • Amended Eff. September 1, 2019.
20 NCAC 08 .0102 Definitions {#sec-20-ncac-08-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0102}

(a) The words defined in G.S. 116B-52 shall have the same meaning when used in this Chapter.

(b) The following words and phrases defined in this Rule shall have the meanings indicated when used in this Chapter, unless the context clearly requires another meaning:

(1) "Escheats" includes all property, real and personal, tangible and intangible which is subject to G.S. 116B.

(2) "Interest-bearing property" means property that accrues interest to the owner at a predetermined rate from the onset of the contract as explicitly provided in the contract.

(3) "Dividend-paying property" means shares of ownership issued by a corporation or an investment company registered under the Investment Company Act of 1941 or a master limited partnership which is treated as stock by a security market in which it is bought and sold.

(4) "Checking account" means a non-interest-bearing account with a financial institution.

(5) "Savings account" means an interest-bearing account with a financial institution.

(6) "Date of claim" means the date on which a completed, signed, and notarized claim with all required documentation attached is received by the Department from the party claiming ownership.

History

  • Authority G.S. 116B-80
  • Eff. February 1, 1982
  • Amended Eff. November 1, 1988
  • Temporary Amendment Eff. February 22, 2000
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0103 Rule-Making Procedures {#sec-20-ncac-08-.0103 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0103}

All correspondence shall be addressed to the Escheat Administrator at the mailing address of the fund.

History

  • Authority G.S. 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001; July 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0104 Declaratory Rules {#sec-20-ncac-08-.0104 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0104}

(a) 20 NCAC 01F .0200 shall govern the issuance of declaratory rules by the State Treasurer.

(b) All correspondence shall be addressed to the Escheat Administrator at the mailing address of the fund.

History

  • Authority G.S. 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0105 Contested Case Procedures {#sec-20-ncac-08-.0105 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0105}

(a) 20 NCAC 01F .0300 shall govern the hearings and decisions in contested cases.

(b) All correspondence shall be directed to the Escheat Administrator at the mailing address of the fund.

History

  • Authority G.S. 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001; July 1, 1987
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0106 Subdivision of the Fund: Fiscal Year {#sec-20-ncac-08-.0106 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0106}

History

  • Status: repealed
  • Authority G.S. 116B-36; 116B-37; 116B-42
  • Eff. February 1, 1982
  • Repealed Eff. November 1, 1988.
20 NCAC 08 .0107 Distributions and Transfers {#sec-20-ncac-08-.0107 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0107}

History

  • Status: repealed
  • Authority G.S. 116B-36; 116B-37; 116B-42
  • Eff. February 1, 1982
  • Repealed Eff. November 1, 1988.
20 NCAC 08 .0108 Fees to Be Collected {#sec-20-ncac-08-.0108 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0108}

History

  • Status: expired
  • Authority G.S. 12-3.1; 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001; November 1, 1988
  • Expired Eff. January 1, 2017 pursuant to G.S. 150B-21.3A.
20 NCAC 08 .0109 Annual Filing with Clerks of Superior Court {#sec-20-ncac-08-.0109 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0109}

On or before June 30 of each year, the State Treasurer shall deliver to each clerk of Superior Court a listing of the property escheated for each owner whose address of record is within the county for which the clerk serves; and which were reported during the calendar year next preceding the filing of the list.

History

  • Authority G.S. 116B-62; 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0110 Early Escheatment {#sec-20-ncac-08-.0110 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0110}

(a) If remitted to the State Treasurer, property subject to the provisions of G.S. 116B but which has not been presumed abandoned under said statute shall be returned to the holder unless the holder has received in writing permission from the State Treasurer to remit the property prior to the date of presumed abandonment.

(b) To request permission to remit property to the State Treasurer before its presumed abandonment date, the holder must send a letter to the Escheat Officer requesting permission to remit the property prior to the date of presumed abandonment. The letter must clearly identify the nature and extent of the property to be remitted and the reasons for requesting permission to remit the property before its required payment date.

(c) The State Treasurer shall not grant permission unless its is clearly demonstrated that the early transfer of the property is for the benefit of the owner or of the State.

History

  • Authority G.S. 116B-80; 116B-69(b)
  • Temporary Adoption Eff. February 22, 2000
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0111 REGISTRATION UNDER G.S. 116B-78(f) {#sec-20-ncac-08-.0111 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0111}

(a) Registration under G.S. 116B-78(f) shall be for a period of a calendar year. Unless the request states that the request is for a specified calendar year, the registration will be presumed to be for the current calendar year.

(b) All requests to register must be submitted on the form supplied by the Department for that purpose.

(c) Forms not accompanied by the required one hundred dollar ($100.00) fee will not be processed.

History

  • Authority G.S. 116B-80; 116B-78(f)
  • Temporary Adoption Eff. February 22, 2000
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0112 Interest Rate Determination {#sec-20-ncac-08-.0112 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0112}

The interest rate charged under G.S. 116B-77(a) shall be at the rate established by the Secretary of Revenue pursuant to G.S. 105-241.1(i).

History

  • Authority G.S. 116B-80; 116B-77(a)
  • Temporary Adoption Eff. February 22, 2000
  • Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0201 Reporting of Escheats by Insurers {#sec-20-ncac-08-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0201}

History

  • Status: repealed
  • Authority G.S. 116B-29; 116B-42
  • Eff. February 1, 1982
  • Repealed Eff. November 1, 1988.
20 NCAC 08 .0202 Reporting of Escheats {#sec-20-ncac-08-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0202}

All persons shall report to the fund directly at the address in 20 NCAC 8.0101 as prescribed by law and by this Chapter. All payments shall be made to the "Department of State Treasurer - Escheat Fund."

History

  • Authority G.S. 116B-60; 116B-80
  • Eff. February 1, 1982
  • Amended Eff. November 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0203 Escheat Report {#sec-20-ncac-08-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0203}

Each holder shall report intangible personal property to the Escheat Fund on Form ASD-21 together with Form ASD-159 which together shall include as a minimum:

(1) Holder's legal name and address;

(2) Holder's federal tax identification number;

(3) A contact person and his or her telephone number;

(4) The date on which the property became payable, demandable or returnable;

(5) Separately for each person with property in each property class in excess of the amount specified in G.S. 116B-60(b)(3):

(a) The name(s) of the owner(s);

(b) The last known address(es) of the owner(s);

(c) The social security or tax identification number(s) of the owner(s), if known;

(d) A description of the property, including the property classification code set out in Rule 20 NCAC 08 .0204;

(e) Serial number(s) or other identification number(s) of the property, if any;

(f) The money amount, if any, being transferred;

(6) Aggregate by property classification code pursuant to 20 NCAC 08 .0204;

(7) Verification pursuant to G.S. 116B-60(f); and

(8) Verification that the Holder has complied with the requirements of G.S. 116B-69(b).

This Rule does not apply to property claimed by the Escheat Fund pursuant to an audit which shall be reported as provided in 20 NCAC 04. 0206.

History

  • Authority G.S. 116B-60; 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001; November 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0204 Property Classification Code {#sec-20-ncac-08-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0204}

The following property classification codes shall be used:

Code Description

(1) AC01 Checking Accounts;

(2) AC02 Savings Accounts;

(3) AC03 Matured CD or Sav Cert;

(4) AC04 Christmas Club Fund;

(5) AC05 Money on Dep to Secure Fund;

(6) AC06 Security Deposits;

(7) AC07 Unidentified Deposits;

(8) AC08 Suspense Accounts;

(9) AC09 Individual Retirement Accounts;

(10) AC99 Aggregate Account Balances under fifty dollars ($50.00);

(11) CK01 Cashier's Checks;

(12) CK02 Certified Checks;

(13) CK03 Registered Checks;

(14) CK04 Treasurer's Checks;

(15) CK05 Drafts;

(16) CK06 Warrants;

(17) CK07 Money Orders;

(18) CK08 Traveler's Checks;

(19) CK09 Foreign Exchange Checks;

(20) CK10 Expense Checks;

(21) CK11 Pension Checks;

(22) CK12 Credit Checks or Memos;

(23) CK13 Vendor Checks;

(24) CK14 Checks Written Off to Income;

(25) CK15 Other Outstanding Official Checks;

(26) CK16 CD Interest Checks;

(27) CK99 Aggregate Uncashed Checks under fifty dollars ($50.00);

(28) MI01 Net Revenue Interest;

(29) MI02 Royalties;

(30) MI03 Overriding Royalties;

(31) MI04 Production Payments;

(32) MI05 Working Interest;

(33) MI06 Bonuses;

(34) MI07 Delay Rentals;

(35) MI08 Shut-In Royalties;

(36) MI09 Minimum Royalties;

(37) MI99 Aggregate Mineral Interests under fifty dollars ($50.00);

(38) MS01 Wages, Payroll, Salary;

(39) MS02 Commissions;

(40) MS03 Workers' Compensation Benefits;

(41) MS04 Payment for Goods & Services;

(42) MS05 Customer Overpayments;

(43) MS06 Unidentified Remittances;

(44) MS07 Unrefunded Overcharges;

(45) MS08 Accounts Payable;

(46) MS09 Credit Balances

(47) MS10 Discounts Due;

(48) MS11 Refunds Due;

(49) MS12 Unredeemed Gift Certificates;

(50) MS13 Unclaimed Loan Collateral;

(51) MS14 Pension & Profit Sharing Plans (IRA, KEOGH);

(52) MS15 Dissolution or Liquidation;

(53) MS16 Misc Outstanding Checks;

(54) MS17 Misc Intangible Prop;

(55) MS18 Suspense Liabilities;

(56) MS19 Layaway Deposits & Payments;

(57) MS20 Rents;

(58) MS99 Aggregate Misc Checks & Intangible Personal Property Under fifty dollars ($50.00);

(59) SD01 Safe Deposit Box Contents;

(60) SD02 Other Safekeeping;

(61) SD03 Other Tangible Property;

(62) CT01 Escrow Funds;

(63) CT02 Condemnation Awards;

(64) CT03 Missing Heirs' Fund;

(65) CT04 Suspense Accounts;

(66) CT05 Other Court Deposits;

(67) CT06 Real Property Proceeds;

(68) CT07 Cash Bonds;

(69) CT08 Partial Payments;

(70) CT09 Judgments;

(71) CT10 Trust Funds;

(72) CT99 Aggregate Court Deposits Under fifty dollars ($50.00);

(73) IN01 Individual Policy Benefits or Claim Payments;

(74) IN02 Group Policy Benefits or Claim Payments;

(75) IN03 Proceeds Due Beneficiaries;

(76) IN04 Proceeds From Matured Policies, Endowments or Annuities;

(77) IN05 Premium Refunds;

(78) IN06 Unidentified Remittances;

(79) IN07 Other Amounts Due Under Policy Terms;

(80) IN08 Agent Credit Balances;

(81) IN99 Aggregate Insurance Policy Under fifty dollars ($50.00)

(82) SC01 Dividends;

(83) SC02 Interest (Bond Coupons);

(84) SC03 Principal Payments;

(85) SC04 Equity Payments;

(86) SC05 Profits;

(87) SC06 Funds Paid to Purchase Shares;

(88) SC07 Funds for Stocks and Bonds;

(89) SC08 Shares of Stock (Returned by Post Office);

(90) SC09 Cash for Fractional Shares;

(91) SC10 Unexchanged Stock & Fractional Shares of Successor Corp;

(92) SC11 Other Cert of Ownership;

(93) SC12 Underlying Shares or Other Outstanding Certificates;

(94) SC13 Funds for Liquidation Redemption;

(95) SC14 Debentures;

(96) SC15 US Gov't Securities;

(97) SC16 Mutual Fund Shares;

(98) SC17 Warrants (Rights);

(99) SC18 Matured Bond Principal;

(100) SC19 Dividend Reinvestment Plans;

(101) SC20 Credit Balances;

(102) SC99 Aggregate Security Related Cash Under fifty dollars ($50.00);

(103) TR01 Paying Agent Accounts;

(104) TR02 Undelivered or Uncashed Dividends;

(105) TR03 Funds Held In Fiduciary Capacity;

(106) TR04 Escrow Accounts;

(107) TR05 Trust Vouchers;

(108) TR99 Aggregate Trust Property Under fifty dollars ($50.00);

(109) UT01 Utility Deposits;

(110) UT02 Membership Fees;

(111) UT03 Refunds or Rebates;

(114) UT04 Capital Credit Distributions;

(115) UT99 Aggregate Utility Property Under fifty dollars ($50.00);

(116) ZZZZ Properties Not Identified Above

With regard to transactions between business associations, the following types of property are covered by the statutory exclusion provide in G.S. 116B-54(e), and no reporting to the State of North Carolina on behalf of North Carolina owners would be required; (42) MS05--Customer Overpayments; (44) MS07—Unrefunded Overcharges; (46) MS09—Credit Balances; (47) MS10—Discounts Due; and (48) MS11—Refunds Due. As for (22) CK—Credit Checks or Memos, to the extent a credit memo reflects an overpayment, underpayment, discount, or refund, it is also excludred from the reporting requirements.

History

  • Authority G.S. 116B-60; 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001; November 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0205 Late Filing of Report {#sec-20-ncac-08-.0205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0205}

(a) Payments on account of property reported to the Escheat Fund as abandoned property after the date which the law requires that the sums of money be paid to the State Treasurer shall be assessed interest as provided in G.S. 116B-77(a). Interest shall be assessed for each day after the due date until the monies are received by the Escheat Fund. Billings for interest penalties totaling ten dollars ($10.00) or less will not be made because it is uneconomical to do so.

(b) If a holder wishes to avoid the penalties of G.S. 116B-77(a), he may file a request for an extension pursuant to G.S. 116B-60(e) in writing prior to the time the report is due. The request must include the holder's name and address, the holder's principal business, a valid reason for the delay, and the statutory fee. Reasons for delay will only be considered valid if the reasons stem from circumstances which are unforeseen and unforeseeable. Each extension will not exceed three months, but may be renewed upon reapplication for up to six months. If an extension is granted, the holder will not be subject to the penalties in G.S. 116B-77(b) during the extension period.

History

  • Authority G.S. 116B-77; 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001; November 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0206 Reporting Property Found on Audit {#sec-20-ncac-08-.0206 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0206}

(a) Claims for abandoned property resulting from an audit shall be made on Form ASD-160.

(b) The holder shall send the notice required by G.S. 116B-59 unless the Form ASD-160 shows that notice is not required.

(c) The holder shall transfer any property to lawful owners that are identified.

(d) The holder shall complete the form showing property no longer escheatable because of transfer to the lawful owner and property still subject to transfer to the custody of the State Treasurer for the Escheat fund.

(e) Transfer by payment or delivery of non-cash property shall be made with the return of Form ASD-160. Penalties shall be calculated and remitted at the same time.

(f) Copies of payment vouchers or other proof that the items are no longer escheatable shall be sent with the return of Form ASD-160.

History

  • History Note Authority G.S. 116B-72; 116B-80
  • Eff. November 1, 1988
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0301 Notification by Holder to Escheat Fund {#sec-20-ncac-08-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0301}

(a) Each holder shall notify the Escheat Fund of the existence of tangible property when it becomes subject to the custody of the State Treasurer and shall maintain the property in a manner which will prevent loss of value until directions for either disposition or transfer to the State Treasurer are received. The Escheat Fund shall hold the holder liable for any loss resulting from the breach of a fiduciary duty by the holder.

(b) The notification shall be made on Form ASD-127 or its equivalent and shall show as a minimum:

(1) Holder's legal name and address;

(2) A contact person and his or her telephone number;

(3) The date of presumed abandonment;

(4) Separately for each item of tangible property:

(A) A sequence number;

(B) The name of the owner(s);

(C) The last known address(es) of the owner(s);

(D) The social security or tax identification number(s) of the owner(s), if known;

(E) A description of the property, including the property classification code set out in 20 NCAC 08 .0204;

(F) Serial number(s) or other identification number(s), if any;

(G) The approximate value of the property;

(5) Verification pursuant to G.S. 116B-60(f); and

(6) Verification that the holder has complied with the requirements of G.S. 116B-69(b).

History

  • Authority G.S. 116B-69; 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001; November 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0302 Notification by Escheat Fund to Holder {#sec-20-ncac-08-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0302}

The Escheat Fund will provide to the holder a letter which will identify the property to be transferred to the custody of the State Treasurer. The holder may dispose of any property that is not required to be transferred to the custody of the State Treasurer.

History

  • Authority G.S. 116B-69; 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001; November 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0401 Application for Refunds {#sec-20-ncac-08-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0401}

(a) The following persons may apply for refunds on behalf of an owner of property transferred to the Escheat Fund:

(1) the owner or a personal representative of an owner;

(2) the holder or a successor to the holder; and

(3) an attorney in fact under a written power of attorney from the owner.

(b) Claims will be approved only for specified property delivered to the Escheat Fund by named holders in named years.

(c) Every claimant shall agree to the indemnification provisions of G.S. 116B-67(e) before a claim will be approved.

(d) Whenever the holder of property rejects, or otherwise refuses to process within 60 days, a claim made by a person claiming ownership, the claimant may appeal, in writing, to the Escheat Administrator.

(e) Whenever the Escheat Administrator rejects, or otherwise refuses to process a claim within 60 days, a claim by a person claiming ownership, the claimant may appeal, in writing, to the State Treasurer.

History

  • Authority G.S. 116B-67; 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001; November 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0402 Required Documentation of Application for Refund {#sec-20-ncac-08-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0402}

(a) All applications for refunds shall be made on Form ASD-111, and shall identify:

(1) the property claimed;

(2) the owner as shown on the Escheat records;

(3) the holder when transferred to the Escheat Fund; and

(4) the current owner, which may be either (2) or (3).

(b) Personal representatives, and other fiduciaries, custodians, and attorneys in fact shall submit a certified true copy of their appointment and authority.

(c) Claims must include evidence that the person on behalf of whom the claim is made is the true and actual owner of the property claimed. There is a rebuttable presumption that property of a business association is not lost in the ordinary course of business.

(d) Any person who received or will receive a fee for the identification of the owner, the location of the missing property or the preparation of a claim form shall sign the form as indicated therein, and shall insert his or her license number, if licensed by the Private Protective Services Board.

History

  • Authority G.S. 116B-67; 116B-78; 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001; November 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0403 Payment of Refunds {#sec-20-ncac-08-.0403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0403}

(a) When the holder has certified in Form ASD-111, that he has already made payment to the owner, the refund will be made by warrant on the State Treasurer to the order of the holder.

(b) All other refunds will be made by warrant on the State Treasurer to the order of the owner.

History

  • Authority G.S. 116B-67; 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001; November 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0501 Public Access to Records {#sec-20-ncac-08-.0501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0501}

(a) Owner records that are capable of clear identification are listed at the following websites:

(1) http://www.treasurer.state.nc.us; and

(2) http://www.missingmoney.com

(b) Because the statute excludes access to certain records at certain periods of time, any person desiring to be given access to the records must register and:

(1) Provide his or her name and address;

(2) Provide the names and address of all persons for whom a search is being requested;

(3) Agree not to remove, deface or destroy any records;

(4) Observe hours outlined by the State Treasurer, and act without disturbing the statutory duty of the State Treasurer to administer and protect the Escheat Fund and its records;

(5) State whether he or she is in a business for which the file search is being requested; and

(6) Proof of his identity may be requested.

(c) If the registrant is requesting access to the records for the benefit of a business other than the owner, the registrant must agree to the following in writing that:

(1) He or she has read G.S. 116B-78 and is fully aware of its meaning;

(2) He or she is aware that the Private Protective Services Board has ruled that G.S. 74C-3(a)(8)b is applicable to persons searching for owners of escheated property and a license is required by said board; and

(3) He or she is or, is not, licensed by said board; and if licensed, he or she must furnish his or her license number.

(d) All searches will be conducted by a member of the staff of the section. Registrants shall be permitted to access all records permitted by the statutes at the time requested.

(e) No person other than the staff of the Escheat Office shall enter the records area. The registrant may be required to request records by name and he or she shall be allowed to view them only in a place designated by personnel of the Escheat Office.

(f) The person in charge of the records may restrict the use of brief cases, files, etc., in the area in which the registrants view the escheat records.

History

  • Authority G.S. 116B-62(f); 116B-80; 116B-43
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001; November 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0502 Requests for Information from Records {#sec-20-ncac-08-.0502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0502}

Searches of the database of owner property will be made for potential owners to the extent that information is provided. Successful searches normally require that the following information, in order of importance, is available:

(1) Name and address of the owner;

(2) Name and address of the holder;

(3) Date property became escheatable; and

(4) Description of escheated property, including value or amount.

History

  • Authority G.S. 116B-62(f); 116B-80
  • Eff. February 1, 1982
  • Amended Eff. April 1, 2001
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.
20 NCAC 08 .0503 Requests for Listings of Owners and/or Property {#sec-20-ncac-08-.0503 omnilex-key=us-nc-regs-official--title-20--20 NCAC 08 .0503}

History

  • Status: expired
  • Authority G.S. 116B-62(f); 116B-80
  • Eff. April 1, 2001
  • Expired Eff. January 1, 2017 pursuant to G.S. 150B-21.3A.

Chapter 09 Capital Facilities Finance Agency

20 NCAC 09 .0101 Organization and Functions {#sec-20-ncac-09-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 09 .0101}

(a) The North Carolina Capital Facilities Finance Agency operates within the Department of State Treasurer and is the State's agency charged with the duty of advising and assisting institutions of higher education in financing the construction and renovation of higher education facilities.

(b) The following is information about the North Carolina Capital Facilities Finance Agency:

(1) the Administrative Officer is the Secretary-treasurer of the Agency;

(2) the mailing address is 3200 Atlantic Avenue, Raleigh, North Carolina 27604; and

(3) the office is located in the Longleaf Building, 3200 Atlantic Avenue, Raleigh, North Carolina 27604.

(c) The staff of the North Carolina Capital Facilities Finance Agency is provided by the State and Local Government Finance Division.

History

  • Authority G.S. 159D-38(e); 159D-39
  • Temporary Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March 1, 1988
  • Eff. March 1, 1988
  • Amended Eff. November 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 09 .0102 Definitions {#sec-20-ncac-09-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 09 .0102}

The words and phrases defined in this Rule will have the meanings indicated when used in this Chapter, unless the context requires another meaning:

(1) "Agency" is the North Carolina Capital Facilities Finance Agency or the Board of Directors thereof.

(2) "Secretary-treasurer" is the Secretary-treasurer of the North Carolina Capital Facilities Finance Agency.

History

  • Authority G.S. 159D-37; 159D-39
  • Temporary Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March 1, 1988
  • Eff. March 1, 1988
  • Amended Eff. November 1, 2017
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 09 .0201 Rule-Making Procedures {#sec-20-ncac-09-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 09 .0201}

(a) 20 NCAC 1F .0100 shall govern the issuance of Rules by the agency.

(b) All correspondence shall be addressed to the Secretary-treasurer at the mailing address of the commission.

History

  • Authority G.S. 159D-5(1); 159D-39(17); 159D-39(19); 159D-41
  • Temporary Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March 1, 1988
  • Eff. March 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 09 .0202 Declaratory Rules {#sec-20-ncac-09-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 09 .0202}

(a) 20 NCAC 1F .0200 shall govern the issuance of declaratory rules by the agency.

(b) All correspondence shall be addressed to the Secretary-treasurer at the mailing address of the agency.

History

  • Authority G.S. 159D-5(1); 159D-39(17); 159D-39(19); 159D-41
  • Temporary Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March 1, 1988; Eff. March 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 09 .0301 Contested Case Procedures {#sec-20-ncac-09-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 09 .0301}

(a) 20 NCAC 1F .0300 shall govern the hearings and decisions in contested cases.

(b) All correspondence shall be directed to the Secretary-treasurer at the mailing address of the agency.

History

  • Authority G.S. 159D-39
  • Temporary Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March 1, 1988; Eff. March 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 09 .0401 Requests for Action {#sec-20-ncac-09-.0401 omnilex-key=us-nc-regs-official--title-20--20 NCAC 09 .0401}

(a) All requests for action shall be addressed to the Secretary-treasurer at the mailing address of the agency.

(b) Each request for action shall include the following information:

(1) cover letter which includes:

(A) name and address of the institution of higher education,

(B) brief description of circumstances and action requested,

(C) statutory basis for request and for action;

(2) detailed description of circumstances and reasons for which action is requested;

(3) list of all persons (real and corporate) who may be beneficially or adversely affected by any action of the agency; and

(4) such other applicable material and information as requested by the Secretary-treasurer.

(c) After receipt of a request, the Secretary-treasurer shall review the case. The Secretary-treasurer may require the petitioner to attend an informal conference with the staff of the agency. The Secretary-treasurer may require the filing of such additional information as he may consider valuable to the consideration of the issues. The Secretary-treasurer may invite the staff of the Local Government Commission to the preliminary informal conference to discuss financing of the project.

(d) At a preliminary informal conference the following matters may be discussed:

(1) the nature and feasibility of the proposed project;

(2) the need for the project;

(3) the feasibility of financing the project;

(4) the institution's debt management policies and practices;

(5) the financial strengths and capabilities of the institution;

(6) any other matters relating to the institution, to the proposed project, or to the proposed financing or lease;

(7) the procedures for application of approval to be used in that case; and

(8) future requirements to finance the project including requirements inherent in the method of financing proposed, such as the costs and need for experts, and the special requirements of those experts.

(e) The governing body of the institution shall adopt and file with the agency a resolution authorizing filing of the application to the agency.

(f) The institution shall submit to the agency as a part of the application for approval all documents requested by the Secretary-treasurer.

(g) At any time after the acceptance of the application, the application may be considered by the agency together with all applicable data available to the agency. The agency shall use the factors set forth in the Higher Educational Facilities Finance Act and any other factors which in its opinion are applicable to the circumstances under consideration.

(h) The amount approved shall be considered the maximum amount of debt to be incurred.

(i) The Secretary-treasurer shall promptly provide a copy of the final decision to the applicant.

(j) The Secretary-treasurer shall promptly provide a copy of any decision of the Local Government Commission relevant to the project to the applicant.

(k) The agency may hold a public hearing on the application.

History

  • Authority G.S. 159D-41
  • Temporary Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March 1, 1988
  • Eff. March 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 09 .0402 Hearing on Conformance to Prior Approvals {#sec-20-ncac-09-.0402 omnilex-key=us-nc-regs-official--title-20--20 NCAC 09 .0402}

History

  • Status: expired
  • Authority G.S. 159D-41
  • Temporary Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March 1, 1988
  • Eff. March 1, 1988
  • Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.
20 NCAC 09 .0403 Application to Amend Prior Approvals {#sec-20-ncac-09-.0403 omnilex-key=us-nc-regs-official--title-20--20 NCAC 09 .0403}

(a) Whenever there is a substantial change in the economic environment or situation in which the participating institution operates, the governing board of the participating institution may make an application to amend a prior approval by the agency.

(b) An application to amend prior approvals shall be submitted in the same manner as required for initial approval plus such other additional items as the agency may request.

History

  • Authority G.S. 159D-41
  • Temporary Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March 1, 1988
  • Eff. March 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 09 .0501 General {#sec-20-ncac-09-.0501 omnilex-key=us-nc-regs-official--title-20--20 NCAC 09 .0501}

In order for the Secretary-treasurer to recommend approval of a project, he must make certain findings. It is the purpose of this Section to specify the standards and criteria the Secretary-treasurer will use in making his findings.

History

  • Authority G.S. 159D-40
  • Temporary Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March 1, 1988
  • Eff. March 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 09 .0502 Jurisdictional Findings {#sec-20-ncac-09-.0502 omnilex-key=us-nc-regs-official--title-20--20 NCAC 09 .0502}

(a) Before making technical findings, the Secretary-treasurer shall make a finding that the project is eligible as defined by law.

(b) The Secretary-treasurer shall make findings on the criteria required for revenue bonds to be approved by the Local Government Commission in G.S. 159-86(b).

(c) Unless the applicant has met his various burdens of proof, the Secretary-treasurer shall not make his required findings.

(d) All findings shall be in writing and where adverse findings are made, they shall specifically indicate in detail which elements of proof were weak, the required conclusions which could not be made, and any suggestions for amending the application.

History

  • Authority G.S. 159D-40
  • Temporary Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March 1, 1988
  • Eff. March 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 09 .0601 Collecting Fees {#sec-20-ncac-09-.0601 omnilex-key=us-nc-regs-official--title-20--20 NCAC 09 .0601}

(a) Application fees shall be payable prior to a final request for approval or participation by the agency.

(b) Annual fees shall be payable on the anniversary date of each financing so long as any of such obligations are outstanding and unpaid.

History

  • Authority G.S. 159D-39(17)
  • Temporary Adoption Eff. September 30, 1987, for a Period of 153 Days to Expire on March 1, 1988
  • Eff. March 1, 1988
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
20 NCAC 09 .0602 Fees and Expenses {#sec-20-ncac-09-.0602 omnilex-key=us-nc-regs-official--title-20--20 NCAC 09 .0602}

(a) A non-refundable application fee is required of all institutions applying to the agency. The application fee is 0.1 percent (one tenth of one percent) of the par amount of the issue with a minimum fee of two thousand dollars ($2,000), plus any and all fees charged by the Local Government Commission.

(b) An annual fee of one thousand dollars ($1,000) per year is required.

(c) In addition to the fee set forth in this Rule, the agency shall bill the institution for all travel and subsistence incurred, and all material amounts of telephone, outside legal, outside financial consulting and postage expenses when paid by the state.

(d) The agency shall not incur expenses other than in Paragraph (c) of this Rule without prior agreement of the applicant to reimburse the agency for all related costs.

History

  • Authority G.S. 159D-39(17)
  • Temporary Adoption Eff. September 30, 1987 for a Period of 153 Days to Expire on March 1, 1988
  • Eff. March 1, 1988
  • Amended Eff. January 1, 2011
  • Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

Chapter 10 Health and Wellness Trust Fund Commission

20 NCAC 10 .0101 Authorization {#sec-20-ncac-10-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0101}

History

  • Status: expired
  • Authority G.S. 147-86.30; 147-86.33
  • Temporary Adoption Eff. June 15, 2002
  • Temporary Adoption Expired February 20, 2003.
20 NCAC 10 .0102 Definitions {#sec-20-ncac-10-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0102}

History

  • Status: repealed
  • Authority G.S. 147-86.30; 147-86.33
  • Temporary Adoption Eff. June 15, 2002
  • Temporary Adoption Expired February 20, 2003
  • Eff. August 1, 2004
  • Repealed Eff. August 14, 2011 pursuant to G.S. 150B-21.7 (see S.L. 2011-145, s. 6.11.(a)).
20 NCAC 10 .0201 Purpose {#sec-20-ncac-10-.0201 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0201}

History

  • Status: repealed
  • Authority G.S. 147-86.30; 147-86.31; 147-86.33; 147-86.36
  • Temporary Adoption Eff. June 15, 2002
  • Eff. August 1, 2004
  • Repealed Eff. August 14, 2011 pursuant to G.S. 150B-21.7 (see S.L. 2011-145, s. 6.11.(a)).
20 NCAC 10 .0202 Types of Grants {#sec-20-ncac-10-.0202 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0202}

History

  • Status: repealed
  • Authority G.S. 147-86.30; 147-86.31; 147-86.33; 147-86.36
  • Temporary Adoption Eff. June 15, 2002
  • Eff. August 1, 2004
  • Repealed Eff. August 14, 2011 pursuant to G.S. 150B-21.7 (see S.L. 2011-145, s. 6.11.(a)).
20 NCAC 10 .0203 Eligibility to Receive Grants {#sec-20-ncac-10-.0203 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0203}

History

  • Status: repealed
  • Authority G.S. 147-86.30; 147-86.31; 147-86.33; 147-86.36
  • Temporary Adoption Eff. June 15, 2002
  • Eff. August 1, 2004
  • Repealed Eff. August 14, 2011 pursuant to G.S. 150B-21.7 (see S.L. 2011-145, s. 6.11.(a)).
20 NCAC 10 .0204 Applications for Undirected General Grants {#sec-20-ncac-10-.0204 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0204}

History

  • Status: repealed
  • Authority G.S. 147-86.30; 147-86.31; 147-86.33; 147-86.36
  • Temporary Adoption Eff. June 15, 2002
  • Eff. August 1, 2004
  • Repealed Eff. August 14, 2011 pursuant to G.S. 150B-21.7 (see S.L. 2011-145, s. 6.11.(a)).
20 NCAC 10 .0205 Application for Grants Issued in Response to Requests for Proposals {#sec-20-ncac-10-.0205 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0205}

History

  • Status: repealed
  • Authority G.S. 147-86.30; 147-86.31; 147-86.33; 147-86.36
  • Temporary Adoption Eff. June 15, 2002
  • Eff. August 1, 2004
  • Repealed Eff. August 14, 2011 pursuant to G.S. 150B-21.7 (see S.L. 2011-145, s. 6.11.(a)).
20 NCAC 10 .0206 Out of Cycle Award of Undirected General Grants {#sec-20-ncac-10-.0206 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0206}

History

  • Status: repealed
  • Authority G.S. 147-86.30; 147-86.31; 147-86.33; 147-86.36
  • Temporary Adoption Eff. June 15, 2002
  • Eff. August 1, 2004
  • Repealed Eff. August 14, 2011 pursuant to G.S. 150B-21.7 (see S.L. 2011-145, s. 6.11.(a)).
20 NCAC 10 .0207 Review of Proposals {#sec-20-ncac-10-.0207 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0207}

History

  • Status: repealed
  • Authority G.S. 147-86.30; 147-86.31; 147-86.33; 147-86.36
  • Temporary Adoption Eff. June 15, 2002
  • Eff. August 1, 2004
  • Repealed Eff. August 14, 2011 pursuant to G.S. 150B-21.7 (see S.L. 2011-145, s. 6.11.(a)).
20 NCAC 10 .0208 Award of Grants {#sec-20-ncac-10-.0208 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0208}

History

  • Status: repealed
  • Authority G.S. 147-86.30; 147-86.31; 147-86.33; 147-86.36
  • Temporary Adoption Eff. June 15, 2002
  • Eff. August 1, 2004
  • Repealed Eff. August 14, 2011 pursuant to G.S. 150B-21.7 (see S.L. 2011-145, s. 6.11.(a)).
20 NCAC 10 .0209 Reporting {#sec-20-ncac-10-.0209 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0209}

History

  • Status: repealed
  • Authority G.S. 147-86.30; 147-86.31; 147-86.33; 147-86.36
  • Temporary Adoption Eff. June 15, 2002
  • Eff. August 1, 2004
  • Repealed Eff. August 14, 2011 pursuant to G.S. 150B-21.7 (see S.L. 2011-145, s. 6.11.(a)).
20 NCAC 10 .0210 Policies Governing Grants {#sec-20-ncac-10-.0210 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0210}

History

  • Status: repealed
  • Authority G.S. 147-86.30; 147-86.31; 147-86.33; 147-86.36
  • Temporary Adoption Eff. June 15, 2002
  • Eff. August 1, 2004
  • Repealed Eff. August 14, 2011 pursuant to G.S. 150B-21.7 (see S.L. 2011-145, s. 6.11.(a)).
20 NCAC 10 .0301 Gifts Made to the Commission {#sec-20-ncac-10-.0301 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0301}

History

  • Status: repealed
  • Authority G.S. 147-86.33
  • Temporary Adoption Eff. June 15, 2002
  • Eff. August 1, 2004
  • Repealed Eff. August 14, 2011 pursuant to G.S. 150B-21.7 (see S.L. 2011-145, s. 6.11.(a)).
20 NCAC 10 .0302 Grants Accepted by the Commission {#sec-20-ncac-10-.0302 omnilex-key=us-nc-regs-official--title-20--20 NCAC 10 .0302}

History

  • Status: repealed
  • Authority G.S. 147-86.33
  • Temporary Adoption Eff. June 15, 2002
  • Eff. August 1, 2004
  • Repealed Eff. August 14, 2011 pursuant to G.S. 150B-21.7 (see S.L. 2011-145, s. 6.11.(a)).

Chapter 11 Supplemental Retirement Plans

20 NCAC 11 .0101 Administrative Fees: Nc 401(k) and Nc 457 Plans {#sec-20-ncac-11-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 11 .0101}

(a) The Board and the Department shall charge an administrative fee at an annual rate of 0.01 percent of the assets in each account in the Supplemental Retirement Income Plan of North Carolina and in each account in the North Carolina Public Employee Deferred Compensation Plan.

(b) The Board and the Department may waive the administrative fee in Paragraph (a) of this Rule for a period of up to 12 months based upon the following factors:

(1) The balance of the administrative expense account for the plans;

(2) Department projections of future expenses to administer the plans; and

(3) Department projections of future receipts available for the administration of the plans.

(c) The Board and the Department shall provide notice of a fee waiver on the plans' website and on participants' quarterly statements.

History

  • Authority G.S. 135-91(e); 143B-426.24(h2); S.L. 2021-75
  • Eff. June 1, 2019
  • Amended Eff. September 1, 2023; March 1, 2022.
20 NCAC 11 .0102 Administrative Fees: Nc 403(b) Program {#sec-20-ncac-11-.0102 omnilex-key=us-nc-regs-official--title-20--20 NCAC 11 .0102}

(a) The Board and the Department shall charge an administrative fee at an annual rate of 0.050 percent of the assets in each account in the North Carolina Public School Teachers' and Professional Educators' Investment Plan.

(b) The Board and the Department may waive the administrative fee in Paragraph (a) of this Rule for a period of up to 12 months based upon the following factors:

(1) The balance of the administrative expense account for the plan;

(2) Department projections of future expenses to administer the plan; and

(3) Department projections of future receipts available for the administration of the plan.

(c) The Board and the Department shall provide notice of a fee waiver on the plan's website and on participants' quarterly statements.

History

  • Authority G.S. 115C-341.2(c)
  • Eff. June 1, 2019.

Chapter 12 North Carolina State Health Plan for Teachers and State Employees

20 NCAC 12 .0101 State Health Plan Rules {#sec-20-ncac-12-.0101 omnilex-key=us-nc-regs-official--title-20--20 NCAC 12 .0101}

(a) Enrollment exceptions and appeals may be found at https://files.nc.gov/ncshp/documents/shp-rules/0101a.pdf.

(b) Member terminations and reinstatements may be found at https://files.nc.gov/ncshp/documents/shp-rules/0101b.pdf.

(c) Arrears may be found at https://files.nc.gov/ncshp/documents/shp-rules/0101c.pdf.

(d) Retiree health benefit enrollment and premium payments may be found at https://files.nc.gov/ncshp/documents/shp-rules/0101d.pdf.

History

  • Authority G.S. 135-48.25; 135-48.30; 135-48.38; 135-48.40; 135-48.41; 135-48.42; 135-48.43; 135-48.44
  • Eff. March 15, 2019.

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