The following words and phrases as used in this Article, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) "Base rate of compensation" shall mean the regular monthly rate of compensation not including pay for shift premiums, overtime, or other types of extraordinary pay; in all cases of doubt, the Board of Trustees shall determine what is "base rate of compensation".
(2) "Beneficiary" shall mean any person in receipt of a disability allowance or other benefit as provided in this Article.
(3) "Benefits" shall mean the monthly disability income payments made pursuant to the provisions of this Article. In the event of death on or after the first day of a month, or in the event the short-term disability benefit ends on or after the first day of a month where the beneficiary is eligible and applies for an early service or a service retirement allowance the first of the following month, the monthly benefit shall not be prorated and shall equal the benefits paid in the previous month.
(4) "Board of Trustees" shall mean the Board of Trustees of the Teachers' and State Employees' Retirement System as provided in G.S. 135-6.
(5) "Compensation" shall mean any compensation as the term is defined in G.S. 135-1(7a).
(6) "Disability" or "Disabled" shall mean the mental or physical incapacity for the further performance of duty of a participant or beneficiary; provided that such incapacity was not the result of terrorist activity, active participation in a riot, committing or attempting to commit a felony, or intentionally self-inflicted injury.
(7) "Earnings" shall mean all income for personal services rendered or otherwise receivable, including, but not limited to, salaries and wages, fees, commissions, royalties, awards and other similar items and self-employment; in all cases of doubt, the Board of Trustees shall determine what are "earnings".
(8) "Employee" shall mean any employee as the term is defined in G.S. 135-1(10).
(9) "Employer" shall mean any employer as the term is defined in G.S. 135-1(11).
(10) "Medical Board" shall mean the board of physicians as provided in G.S. 135-102(d).
(11) "Member" shall mean any member as the term is defined in G.S. 135-1(13).
(12) "Membership service" shall mean any service as defined in G.S. 135-1(14).
(13) "Participant" shall mean any teacher or employee eligible to participate in the Plan as provided in G.S. 135-103.
(14) "Plan" shall mean the Disability Income Plan of North Carolina as provided in this Article.
(15) "Retirement" shall mean the withdrawal from active service with a retirement allowance granted under the provisions of Article 1 of this Chapter.
(16) "Retirement System" shall mean the Teachers' and State Employees' Retirement System of North Carolina as defined in G.S. 135-2.
(17) "Service" shall mean service as a teacher or employee as defined in G.S. 135-1(10) or G.S. 135-1(25).
(18) "State" shall mean the State of North Carolina.
(19) "Teacher" shall mean any teacher as the term is defined in G.S. 135-1(25).
(20) "Trial Rehabilitation" shall mean a return to service in any capacity, if the return occurs within the waiting period as provided in G.S. 135-104; shall mean a return to service in the same capacity that existed prior to the disability if the return occurs within the short-term disability period as provided in G.S. 135-105; and shall mean a return to service in any capacity and in any position provided the salary earned is equal to or greater than the salary upon which the long-term disability benefit is based immediately preceding the return to service, if the return occurs within the long-term disability period as provided in G.S. 135-106.
(21) "Workers' Compensation" shall mean any disability income benefits provided under the North Carolina Workers' Compensation Act, excluding any payments for a permanent partial disability rating.
(1987, c. 738, s. 29(q); 1989, c. 717, ss. 7, 8; 1991 (Reg. Sess., 1992), c. 779, s. 1; 1993 (Reg. Sess., 1994), c. 769, s. 7.30(s); 2003-284, s. 30.20(j); 2004-78, s. 1; 2006-74, ss. 1, 2.)
Editor's Note. - Session Laws 2003-284, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2003'."
Session Laws 2003-284, s. 30.20(j), effective July 1, 2003, and applicable only to persons who are not vested in the disability plan in question on July 1, 2003, substituted "physical or cognitive limitations that prevent working as determined by the Department of State Treasurer and the Board of Trustees"; for "mental or physical incapacity for the further performance of duty of a participant or beneficiary" in subdivision (6).
Session Laws 2003-284, s. 49.5, is a severability clause.
Subdivision (6), as amended by Session Laws 2004-78, s. 1, is effective retroactively from and after July 1, 2003.
Effect of Amendments. - Session Laws 2006-74, s. 1, effective July 1, 2002, substituted "G.S. 135-105 or within the long-term disability period as provided in G.S. 135-106" for "G.S. 135-105" in subdivision (20).
Session Laws 2006-74, s. 2, effective August 1, 2007, in subdivision (20), substituted language beginning "G.S. 135-105; and shall mean ..." and ending "as provided in G.S. 135-106" for "G.S. 135-105 or within the long term disability period as provided in G.S. 135-106," and made a minor stylistic change.