§ 120-4.27. Death benefit.
§ 120‑4.27. Deathbenefit.
The designated beneficiary ofa member who dies while in service after completing one year of creditableservice shall receive a lump‑sum payment of an amount equal to thedeceased member's highest annual salary, to a maximum of fifteen thousanddollars ($15,000). For purposes of this death benefit "in service"means currently serving as a member of the North Carolina General Assembly."In service" also means service in the Uniformed Services, as thatterm is defined in section 4303(16) of the Uniformed Services Employment andReemployment Rights Act, Public Law 103‑353, if that service beginsduring the member's term of office. If the participant does not returnimmediately after that service to employment with a covered employer in thisSystem, then the participant shall be deemed "in service" until thedate on which the participant was first eligible to be separated or releasedfrom his or her involuntary military service.
The death benefit provided bythis section shall be designated a group life insurance benefit payable underan employee welfare benefit plan that is separate and apart from the RetirementSystem but under which the members of the Retirement System shall participateand be eligible for group life insurance benefits. The Board of Trustees isauthorized to provide the death benefit in the form of group life insuranceeither by purchasing a contract or contracts of group life insurance with anylife insurance company or companies licensed and authorized to transact businessin the State of North Carolina for the purpose of insuring the lives ofqualified members in service, or by establishing or affiliating with a separatetrust fund qualified under Section 501(c)(9) of the Internal Revenue Code of1954, as amended.
Upon receipt of proof,satisfactory to the Board of Trustees, of the death of a retired member of theRetirement System or Retirement Fund on or after July 1, 1988, but beforeJanuary 1, 1999, there shall be paid a death benefit to the surviving spouse ofa deceased retired member, or to the deceased retired member's legalrepresentative if not survived by a spouse; provided the retired member haselected, when first eligible, to make, and has continuously made, in advance ofhis death required contributions as determined by the Retirement System on afully contributory basis, through retirement allowance deductions or othermethods adopted by the Retirement System, to a group death benefit trust fundadministered by the Board of Trustees separate and apart from the RetirementSystem's Annuity Savings Fund and Pension Accumulation Fund. This death benefitshall be a lump‑sum payment in the amount of five thousand dollars($5,000) upon the completion of twenty‑four months of contributionsrequired under this subsection. Should death occur before the completion oftwenty‑four months of contributions required under this subsection, thedeceased retired member's surviving spouse or legal representative if notsurvived by a spouse shall be paid the sum of the retired member'scontributions required by this subsection plus interest to be determined by theBoard of Trustees.
Upon receipt of proof,satisfactory to the Board of Trustees, of the death of a retired member of theRetirement System or Retirement Fund on or after January 1, 1999, but beforeJuly 1, 2004, there shall be paid a death benefit to the surviving spouse of adeceased retired member, or to the deceased retired member's legalrepresentative if not survived by a spouse; provided the retired member has elected,when first eligible, to make, and has continuously made, in advance of hisdeath required contributions as determined by the Retirement System on a fullycontributory basis, through retirement allowance deductions or other methodsadopted by the Retirement System, to a group death benefit trust fundadministered by the Board of Trustees separate and apart from the RetirementSystem's Annuity Savings Fund and Pension Accumulation Fund. This death benefitshall be a lump‑sum payment in the amount of six thousand dollars($6,000) upon the completion of 24 months of contributions required under thissubsection. Should death occur before the completion of 24 months ofcontributions required under this subsection, the deceased retired member'ssurviving spouse or legal representative if not survived by a spouse shall bepaid the sum of the retired member's contributions required by this subsectionplus interest to be determined by the Board of Trustees.
Upon receipt of proof,satisfactory to the Board of Trustees, of the death of a retired member of theRetirement System or Retirement Fund on or after July 1, 2004, but before July1, 2007, there shall be paid a death benefit to the surviving spouse of adeceased retired member, or to the deceased retired member's legalrepresentative if not survived by a spouse; provided the retired member haselected, when first eligible, to make, and has continuously made, in advance ofhis death required contributions as determined by the Retirement System on afully contributory basis, through retirement allowance deductions or othermethods adopted by the Retirement System, to a group death benefit trust fundadministered by the Board of Trustees separate and apart from the RetirementSystem's Annuity Savings Fund and Pension Accumulation Fund. This death benefitshall be a lump‑sum payment in the amount of nine thousand dollars($9,000) upon the completion of 24 months of contributions required under thissubsection. Should death occur before the completion of 24 months ofcontributions required under this subsection, the deceased retired member'ssurviving spouse or legal representative if not survived by a spouse shall bepaid the sum of the retired member's contributions required by this subsectionplus interest to be determined by the Board of Trustees.
Upon receipt of proof,satisfactory to the Board of Trustees, of the death of a retired member of theRetirement System or Retirement Fund on or after July 1, 2007, there shall bepaid a death benefit to the surviving spouse of a deceased retired member, orto the deceased retired member's legal representative if not survived by aspouse; provided the retired member has elected, when first eligible, to make,and has continuously made, in advance of his death required contributions asdetermined by the Retirement System on a fully contributory basis, throughretirement allowance deductions or other methods adopted by the RetirementSystem, to a group death benefit trust fund administered by the Board ofTrustees separate and apart from the Retirement System's Annuity Savings Fundand Pension Accumulation Fund. This death benefit shall be a lump‑sumpayment in the amount of ten thousand dollars ($10,000) upon the completion of24 months of contributions required under this subsection. Should death occurbefore the completion of 24 months of contributions required under thissubsection, the deceased retired member's surviving spouse or legalrepresentative if not survived by a spouse shall be paid the sum of the retiredmember's contributions required by this subsection plus interest to bedetermined by the Board of Trustees. (1983, c. 761, s. 238; 1985, c. 400, s. 9; 1987, c.824, s. 1; 1998‑212, s. 28.27(d); 2004‑147, s. 4; 2007‑496,s. 3; 2009‑66, s. 6(d).)