20 NCAC 02N .0213. DELINQUENT MONTHLY PAYMENTS

(a)  If a member becomes delinquent in making the monthly payments required by G.S. 58‑86‑35 or 58‑86‑40, each subsequent payment by or on behalf of that member will be applied first to the oldest delinquent monthly payment and after all of the delinquent monthly payments have been satisfied to the current monthly payments.

(b)  Regardless of whether he or she has been notified of the delinquency, any member who becomes six months delinquent in making his or her monthly payments forfeits his or her membership in the pension fund unless he or she pays all of the delinquencies by the tenth day of the seventh month.  If a member forfeits his or her membership, the monthly payments made by or on behalf of that member will be refunded in accordance with Rule .0216 of this Section.

(c)  If any former member can show that his or her membership was forfeited due to the negligence or error of his or her fire department or rescue squad, the office of the director will reinstate the former member as a member of the pension fund.

(d)  Any fireman or pension fund worker who has forfeited his or her membership and who rejoins the pension fund may not purchase prior service credit for the period of time covered by the earlier membership.

 

History Note:        Authority G.S. 58‑86‑10; 58‑86‑75; 58‑86‑85;

Eff. June 1, 1988;

Recodified from 3 NCAC 3 Eff. May 1, 1993;

Amended Eff. December 1, 1993.