135-48.1 General definitions
135-48.2 Undertaking
135-48.3 Right to amend
135-48.5 Health benefit trust funds created
135-48.8 Statements of public interest
135-48.10 Confidentiality of information and medical records; provider contracts
135-48.12 Committee on Actuarial Valuation of Retired Employees’ Health Benefits
135-48.15 Whistle-blower protections related to the State Health Plan
135-48.20 Board of Trustees established
135-48.21 Board officers, quorum, meetings
135-48.22 Board powers and duties
135-48.23 Executive Administrator
135-48.24 Administrative review
135-48.25 Rules
135-48.27 Reports to the General Assembly; General Assembly access to information
135-48.28 Auditing of the Plan
135-48.30 Powers and duties of the State Treasurer
135-48.32 Contracts to provide benefits
135-48.33 Contracting provisions; large contract review by Board of Trustees and Attorney General, auditing, no cost plus contracts
135-48.34 Contracts not subject to Article 3 of Chapter 143 of the General Statutes
135-48.35 Contract disputes not contested case under the Administrative Procedure Act, Chapter 150B of the General Statutes
135-48.37 Liability of third person; right of subrogation; right of first recovery
135-48.38 Persons eligible for Medicare; optional participation in other Medicare products
135-48.40 Categories of eligibility
135-48.41 Additional eligibility provisions
135-48.42 Enrollment
135-48.43 Effective dates of coverage
135-48.44 Cessation of coverage
135-48.45 Conversion
135-48.47 Participation in State Health Plan by local government employees and dependents
135-48.49 IRC Sections 6055 and 6056 regulatory reporting
135-48.50 Coverage mandates
135-48.51 Coverage and operational mandates related to Chapter 58 of the General Statutes
135-48.52 General limitations and exclusions
135-48.54 Optional participation for charter schools operated by private nonprofit corporations
135-48.55 Interest charged to charter schools and local government units on late premiums
135-48.56 Education of covered active and retired employees
135-48.57 Payments for county or city ambulance service
135-48.58 Premiums for firefighters, rescue squad workers, and members of National Guard

Terms Used In North Carolina General Statutes > Chapter 135 > Article 3B

  • appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this Chapter. See North Carolina General Statutes 135-1
  • Board of Trustees: shall mean the Board provided for in G. See North Carolina General Statutes 135-1
  • Chemical dependency: The pathological use or abuse of alcohol or other drugs in a manner or to a degree that produces an impairment in personal, social, or occupational functioning and which may, but need not, include a pattern of tolerance and withdrawal. See North Carolina General Statutes 135-48.1
  • Claim Payment Data: includes any document, material, or other work, whether tangible or electronic, that is derived from, is based on, or reflects any of the foregoing data fields or information contained therein. See North Carolina General Statutes 135-48.1
  • Claims Data Feed: An electronic file provided by a Claims Processor that contains all claims processing data elements for every claim processed by the Claims Processor for the Plan, including Claim Payment Data for each claim. See North Carolina General Statutes 135-48.1
  • Claims Processor: One or more administrators, third-party administrators, or other parties contracting with the Plan to administer Plan benefits. See North Carolina General Statutes 135-48.1
  • Compensation: includes all special pay contribution of annual leave made to a 401(a) Special Pay Plan for the benefit of an employee. See North Carolina General Statutes 135-1
  • complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Comprehensive group health benefit plan: A comprehensive health benefit plan offered to an individual because of an employment, organizational, or other group affiliation. See North Carolina General Statutes 135-48.1
  • Comprehensive health benefit plan: Health care coverage that consists of inpatient and outpatient hospital and medical benefits, as well as other outpatient medical services, prescription drugs, medical supplies, and equipment that are generally available in the health insurance market. See North Carolina General Statutes 135-48.1
  • contract: A legal written agreement that becomes binding when signed.
  • corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deductible: The dollar amount that must be incurred for certain covered services in a benefit period before benefits are payable by the Plan. See North Carolina General Statutes 135-48.1
  • Dependent: An eligible Plan member other than the subscriber. See North Carolina General Statutes 135-48.1
  • Dependent child: Subject to the eligibility requirements of subsections (a) and (b) of G. See North Carolina General Statutes 135-48.1
  • Employee: shall mean all full-time employees, agents or officers of the State of North Carolina or any of its departments, bureaus and institutions other than educational, whether such employees are elected, appointed or employed: Provided that the term "employee" shall not include any person who is a member of the Consolidated Judicial Retirement System, any member of the General Assembly or any part-time or temporary employee. See North Carolina General Statutes 135-1
  • Employer: shall mean the State of North Carolina, the county board of education, the city board of education, the State Board of Education, the board of trustees of the University of North Carolina, the board of trustees of other institutions and agencies supported and under the control of the State, or any other agency of and within the State by which a teacher or other employee is paid. See North Carolina General Statutes 135-1
  • Employing Unit: A North Carolina School System. See North Carolina General Statutes 135-48.1
  • equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • ex officio: Literally, by virtue of one's office.
  • Filing: when used in reference to an application for retirement shall mean the receipt of an acceptable application on a form provided by the Retirement System. See North Carolina General Statutes 135-1
  • fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • fraud: Intentional deception resulting in injury to another.
  • guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • lien: A claim against real or personal property in satisfaction of a debt.
  • litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Member: shall mean any teacher or State employee included in the membership of the System as provided in G. See North Carolina General Statutes 135-1
  • Membership service: shall mean service as a teacher or State employee rendered while a member of the Retirement System or membership service in a North Carolina Retirement System that has been transferred into this system. See North Carolina General Statutes 135-1
  • misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
  • obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • oversight: Committee review of the activities of a Federal agency or program.
  • Plan: includes all comprehensive health benefit plans offered under the Plan. See North Carolina General Statutes 135-48.1
  • Plan member: A subscriber or dependent who is eligible and currently enrolled in the Plan and for whom a premium is paid. See North Carolina General Statutes 135-48.1
  • Predecessor plan: The Hospital and Medical Benefits for the Teachers' and State Employees' Retirement System of the State of North Carolina and the North Carolina Teachers' and State Employees' Comprehensive Major Medical Plan. See North Carolina General Statutes 135-48.1
  • president pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Public school: shall mean any day school conducted within the State under the authority and supervision of a duly elected or appointed city or county school board, and any educational institution supported by and under the control of the State. See North Carolina General Statutes 135-1
  • quorum: The number of legislators that must be present to do business.
  • recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retirement allowance: shall mean the sum of the "annuity and the pensions" or any optional benefit payable in lieu thereof. See North Carolina General Statutes 135-1
  • Retirement System: shall mean the Teachers' and State Employees' Retirement System of North Carolina as defined in G. See North Carolina General Statutes 135-1
  • Service: shall mean service as a teacher or State employee as described in subdivision (10) or (25) of this section. See North Carolina General Statutes 135-1
  • settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Subscriber: A Plan member who is not a dependent. See North Carolina General Statutes 135-48.1
  • Teacher: shall mean (i) any teacher, helping teacher, teacher in a job-sharing position under G. See North Carolina General Statutes 135-1
  • testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3