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 he pension fund and seek a refund under Rule .0216 of this Section.

(b)  To take a military leave of absence a member must provide written notice to the office of the director that he or she 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 notice must be delivered to the office of the director no later than six months after the member ceases service as an eligible fireman or an eligible rescue squad worker, whichever is applicable, or the member will be deemed to have withdrawn from the pension fund.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 must commence service as either an eligible fireman 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or within six months after the member's discharge if that occurs earlier, or the member will be deemed to have withdrawn from the pension fund.  The provisions of Rule .0214(c) of this Section are applicable to members on military leaves of absence.

(c)  Any member who enters the armed forces may continue to receive service credit if he notifies the office of the director in writing of his or her intent to do so and if he or she 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 3 NCAC 3 Eff. May 1, 1993;

Amended Eff. December 1, 1993.