NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 351

HOUSE BILL 203

 

 

AN ACT TO AMEND G.S. 143-166 RELATING TO THE LAW ENFORCEMENT OFFICERS' BENEFIT AND RETIREMENT FUND.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Subsection (a) of G.S. 143-166 is hereby amended by:

(a)        Striking the words and figures "two dollars ($2.00)" from line six thereof, and inserting in lieu thereof the words and figures "three dollars ($3.00)";

(b)        Inserting after the first sentence thereof, in line eight, a new sentence, to read as follows: "Two dollars ($2.00) of such costs shall be administered under subsections (b) through (q) of this Section, and one dollar ($1.00) shall be administered under subsections (r) through (w) of this Section."; and

(c)        Striking the words "The moneys" at the beginning of the last sentence and inserting in lieu thereof the words: "Two-thirds of the moneys".

Sec. 2.  G.S. 143-166 is further amended by adding the following subsections at the end thereof:

(r)        One-third of the sum derived from the court costs provided for in subsection (a) of this Section shall be set aside and held in a separate fund, designated as "Separate Benefit Fund", to be used for the payment of benefits as hereinafter provided.

(s)        The Board of Commissioners shall have control of all payments to be made from the "Separate Benefit Fund". It shall hear and decide all applications for benefits created and allowed under this subsection, and shall have power to make all necessary rules and regulations for its administration and government, and for the employees in the proper discharge of their duties, and it shall have the power to make decisions on applications for benefits and its decision thereon shall be final and conclusive and not subject to review or reversal, except by the Board itself. The Board of Commissioners shall have authority to determine the eligibility or status of any applicant of any and all of those who come within the categories of law enforcement officers named in subsection (m) of this Section, in accordance with general rules and regulations adopted by the Board, and the decision of the Board of Commissioners as to such membership, eligibility or status shall be final.

(t)         The Board of Commissioners shall have power and authority to promulgate rules and regulations and to set up standards under and by which it may determine eligibility for benefits under this subsection, of a law enforcement officer, (as defined in this Section) and to determine the amounts to be paid after it is determined by the Board that such officer is eligible. Notwithstanding the foregoing, no person shall be eligible for benefits hereunder unless he is in active service as a law enforcement officer at the occurrence of a contingency for which benefits may be payable, or unless he has retired from such service on or after July 1, 1965. Eligibility shall be determined without regard to whether or not an officer is a member of the Retirement Fund established by this Section. Benefits may be provided by the Board, within the availability of funds, as follows:

(1)        a lump sum payable to the designated beneficiary upon the death of an eligible officer;

(2)        hospital, surgical, and medical benefits covering eligible officers, their legal spouses, and their dependent children under 18 years of age.

(u)        The benefits provided for in subsection (t) of this Section, shall be in addition to all benefits provided for in subsections (b) through (q) of this Section.

(v)        If the amount derived from the increase in court costs provided by this Act shall not be sufficient at any time to enable the Board of Commissioners to pay each person entitled to benefits in full, then an equitably graded percentage of such payment or payments shall be made to each beneficiary until the "Separate Benefit Fund" is replenished sufficiently to warrant resumption thereafter of full benefits to each of said beneficiaries.

(w)       "Local Fund" shall mean any local pension fund, or local benefit fund, or local association established before July 1, 1965 under authorization of law and operated to provide benefits for law enforcement officers of any political subdivision within the year beginning July 1, 1965.

At such date as the Board of Commissioners may determine, but not later than September 30, 1966, the Board may, but need not, cause to be paid from the "Separate Benefit Fund" to a Local Fund a portion of the income previously received by the "Separate Benefit Fund" within the year beginning July 1, 1965 from court costs collected in the political subdivision and to whose officers such Local Fund has provided benefits. Such portion, if any, shall be determined in the sole discretion of the Board of Commissioners, after its review of any pertinent information which shall be furnished by such political subdivision at the request of such Board, and after its review of the operation and experience of the "Separate Benefit Fund" to June 30, 1966 or, if earlier, to the date of such determination. Any decision or action hereunder by the Board of Commissioners shall be final and conclusive.

Sec. 3.  All laws, including local and special Acts, assessing sums in court costs for the support of a Local Fund as defined in subsection (w) of G.S. 143-166 are hereby specifically repealed, and all other laws and clauses of laws in conflict with this Act are hereby repealed, but this Act shall not be construed to amend or modify subsections (b) through (q) of G.S. 143-166.

Sec. 4.  This Act shall become effective July 1, 1965.

In the General Assembly read three times and ratified, this the 28th day of April, 1965.