Frequently Asked Questions

I am a member of the Teachers’ and State Employees’ Retirement System. My doctor has recommended that I stop working and apply for disability benefits from both the State and Social Security. According to the Teachers' and State Employees' Handbook, I have sufficient credit in the Retirement System to apply for benefits from the Disability Income Plan of North Carolina State. However, I have heard that due to a decision by the North Carolina State Supreme Court in the “Faulkenbury” case, I may be able to receive disability benefits from the Retirement System in lieu of the Disability Income Plan. Is this true? Also, which plan would be better for me?

If you have attained five or more years of membership credit with the State Retirement System prior to January 1, 1988, and meet the other qualifications, you are eligible to receive disability retirement benefits from the Retirement System, instead of benefits from the Disability Income Plan. Your benefits will be based, in part, on the amount of service that you would have attained if you had been able to remain in service until you would have otherwise been eligible for an unreduced service retirement benefit. Furthermore, if you had attained five or more years of membership credit with the State Retirement System prior to July 1, 1982, and meet the other qualifications, you are eligible to receive disability retirement benefits under a different provision from the Retirement System, instead of benefits from the Disability Income Plan. Your benefit will be based, in part, on the amount of service that you would have attained if you had been able to remain in service until age 65. In either case, however, you will have the opportunity to elect to receive your disability benefits from either the Retirement System or the Disability Income Plan. Of course, after you have been approved by our medical board for disability benefits, the Retirement System will provide you with figures, and an explanation of the benefits and conditions applicable to you, to enable you to make your choice.

Do I have disability benefits as a member of the Local Retirement System?

In order to be eligible for a monthly disability retirement benefit from the Local Governmental Employees’ Retirement System, you must have five or more years of creditable service and your permanent disability must have occurred while you were actively employed. Your doctor must certify that you are totally and permanently disabled from the further performance of your usual occupation, which must be certified on or prior to the last day you worked or exhausted leave. A Local law enforcement officer is eligible for disability retirement immediately after becoming a member of the Retirement System, provided the disability resulted from a line-of-duty injury. You should contact your current employer for the appropriate forms to complete in order to begin the disability retirement process.

Updated 9/7/11