SUBCHAPTER 02N – FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND
SECTION .0100 ‑ ORGANIZATION OF THE FUND
20 NCAC 02N .0101 LOCATION
20 NCAC 02N .0102 GENERAL PURPOSE
20 NCAC 02N .0103 ADMINISTRATION AND FUNCTION
20 NCAC 02N .0104 BOARD OF TRUSTEES MEMBERSHIP
History Note: 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Repealed Eff.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.
History Note: 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
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 Note: 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
History Note: 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
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 Note: Authority G.S. 58‑86‑10; 150B‑21.6;
Eff. October 1, 1993;
Readopted Eff. March 1, 2023.
SECTION .0200 ‑ GENERAL PROVISIONS
20 NCAC 02N .0201 DEFINITIONS
20 NCAC 02N .0202 SECRETARY'S BOND
20 NCAC 02N .0203 PROCUREMENT OF FORMS
20 NCAC 02N .0204 ANNUAL FIREMEN CERTIFICATION
20 NCAC 02N .0205 COMMUNICATION WITH BOARD CHAIRMAN
History Note: 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Repealed Eff.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
20 NCAC 02N .0207 ELIGIBLE RESCUE SQUAD WORKERS
History Note: 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
(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 Note: 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
20 NCAC 02N .0210 ANNUAL CERTIFICATION OF FIREMEN
20 NCAC 02N .0211 ANNUAL CERTIFICATION OF RESCUE SQUAD WORKERS
20 NCAC 02N .0212 MONTHLY PAYMENTS
20 NCAC 02N .0213 DELINQUENT MONTHLY PAYMENTS
20 NCAC 02N .0214 LEAVES OF ABSENCE
History Note: 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
(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 Note: 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
20 NCAC 02N .0217 APPLICATIONS FOR DISABILITY BENEFITS
History Note: 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
History Note: 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
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 Note: 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.
SECTION .0300 ‑ ADMINISTRATIVE RULEMAKING PROCEDURES
20 NCAC 02N .0301 PETITIONS FOR RULEMAKING
20 NCAC 02N .0302 NOTICE OF RULEMAKING
20 NCAC 02N .0303 RULEMAKING HEARINGS
20 NCAC 02N .0304 DECLARATORY RULINGS
History Note: 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
20 NCAC 02N .0306 DECISION ON PETITION
20 NCAC 02N .0307 NOTICE OF RULE-MAKING
20 NCAC 02N .0308 ARGUMENTS
20 NCAC 02N .0309 REQUEST FOR ORAL PRESENTATIONS
20 NCAC 02N .0310 WRITTEN STATEMENT
20 NCAC 02N .0311 REQUEST FOR STATEMENT OF FINAL DECISION
20 NCAC 02N .0312 RECORD OF RULE‑MAKING
20 NCAC 02N .0313 DECLARATORY RULINGS
History Note: 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.
SECTION .0400 ‑ ADMINISTRATIVE ADJUDICATORY PROCEDURES
20 NCAC 02N .0401 GENERAL RULE FOR A HEARING
20 NCAC 02N .0402 SPECIFIC RULE FOR A HEARING
20 NCAC 02N .0403 REQUEST FOR A HEARING
20 NCAC 02N .0404 GRANTING HEARING REQUEST
20 NCAC 02N .0405 WAIVER OF RIGHT TO A HEARING
20 NCAC 02N .0406 NOTICE OF A HEARING
20 NCAC 02N .0407 INTERVENTION IN THE HEARING
20 NCAC 02N .0408 WHO SHALL HEAR CONTESTED CASES
20 NCAC 02N .0409 PLACE OF THE HEARING
20 NCAC 02N .0410 HEARING OFFICERS
20 NCAC 02N .0411 FAILURE TO APPEAR AT THE HEARING
20 NCAC 02N .0412 WRITTEN ANSWERS TO A HEARING NOTICE
20 NCAC 02N .0413 PRE‑HEARING CONFERENCE
20 NCAC 02N .0414 SIMPLIFICATION OF ISSUES
20 NCAC 02N .0415 SUBPOENAS
History Note: 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.
SECTION .0500 ‑ PENSION FUND REGULATIONS
20 NCAC 02N .0501 MEMBERSHIP ELIGIBILITY
20 NCAC 02N .0502 MEMBERSHIP STATUS IN THE FUND
20 NCAC 02N .0503 PAYMENT OF CONTRIBUTIONS IN ADVANCE
20 NCAC 02N .0504 PAYMENT OF MONTHLY CONTRIBUTIONS
20 NCAC 02N .0505 DELINQUENT CONTRIBUTIONS
20 NCAC 02N .0506 REFUND OF CONTRIBUTIONS
20 NCAC 02N .0507 SERVICE CREDIT TIME
20 NCAC 02N .0508 RETIREMENT AND RECEIPT OF BENEFITS
History Note: 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.