20 NCAC 02N .0214. LEAVES OF ABSENCE

(a)  Any member who ceases service as an eligible fireman or an eligible rescue squad worker, whichever is applicable, may:

(1)           withdraw from the pension fund and seek a refund under Rule .0216 of this Section;

(2)           take a leave of absence as provided by this Rule; or

(3)           if he enters the armed forces, take a military leave of absence as provided by Rule .0215(a) of this Section or continue to receive service credit under Rule .0215(b) of this Section.

(b)  In order to take a leave of absence under this Rule, a member must provide the office of the director with written notice that the member is taking a leave of absence.  The written notice must be provided to the office of the director within 60 days after the member ceases serving as an eligible fireman or an eligible rescue squad worker or the member will be deemed to have withdrawn from the pension fund.  Any member on leave of absence for more than five years in any six year period will lose his or her membership in the pension fund; however, he or she may seek a refund of monthly payments in accordance with Rule .0216 of this Section.

(c)  A member is not eligible for service credit for the time he is on leave of absence and is not required to make monthly payments for that time.  During the time a member is on leave of absence he or she is not eligible for benefits from the pension fund.  A member who has taken a leave of absence may subsequently withdraw from the pension fund and seek a refund under Rule .0216 of this Section.  If a member dies while he or she is on leave of absence, the appropriate person or persons may seek a refund under Rule .0219 of this Section.

 

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

Eff. June 1, 1988;

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