NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 284

HOUSE BILL 780

 

 

AN ACT TO AMEND CERTAIN PROVISIONS OF THE GENERAL STATUTES SO AS TO PROVIDE BENEFITS TO MEMBERS OF THE STATE CIVIL AIR PATROL.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 167-2 as the same appears in the 1974 Cumulative Supplement to the 1972 Replacement Volume 3D of the General Statutes is hereby amended to read as follows:

"The members of the State Civil Air Patrol shall serve without compensation and shall not be entitled to the benefits of the Retirement System of Teachers and State Employees as set forth in Chapter 135 of the General Statutes. The provisions of Article 31 of Chapter 143 of the General Statutes, with respect to tort claims against State departments and agencies, shall not be applicable to the activities of the State Civil Air Patrol, and the State shall not in any manner be liable for injury or damage to any person, firm or corporation by reason of the acts of any of the members or officers thereof. The State shall not in any manner be liable for any of the contracts, debts or obligations of the said organization. The members of the State Civil Air Patrol shall be deemed and considered employees for Workmen's Compensation purposes of the Department of Military and Veterans Affairs during a State requested and authorized mission. Such period of employment shall not extend to members operating under an authorized mission of the United States Air Force. The Secretary of the Department of Military and Veterans Affairs shall authorize all State requested missions."

Sec. 2.  G.S. 97-2(2) as the same appears in the 1974 Cumulative Supplement to the 1972 Replacement Volume 2D of the General Statutes is hereby amended by adding a new paragraph following the last paragraph to read:

"The term 'employee' shall also include senior members of the State Civil Air Patrol and shall entitle them to compensation for injuries arising out of and in the course of their duties as provided in G.S. 167-2."

Sec. 3.  G.S. 97-2(5) as the same appears in the 1974 Cumulative Supplement to the 1972 Replacement Volume 2D of the General Statutes is amended by rewriting the last paragraph to read:

"In case of disabling injury or death to a volunteer fireman or member of an organized rescue squad or duly appointed and sworn member of an auxiliary police department organized pursuant to G.S. 160A-282 or senior members of the State Civil Air Patrol functioning under Article 5 Chapter 143B under compensable circumstances, compensation payable shall be calculated upon the average weekly wage the volunteer fireman or member of an organized rescue squad or member of an auxiliary police department or senior member of the State Civil Air Patrol was earning in the employment wherein he principally earned his livelihood as of the date of injury."

Sec. 4.  G.S. 97-29 as the same appears in the 1974 Cumulative Supplement to the 1972 Replacement Volume 2D is hereby amended at the third paragraph second line following the words "State guard" by inserting the words "and senior members of the Civil Air Patrol" before the word "shall".

Sec. 5.  The title of Article 12a of Chapter 143 as the same appears in the 1974 Replacement Volume 3C to the General Statutes is hereby amended to read:

"Law Enforcement Officers', Firemen's, Rescue Squad Workers' and Civil Air Patrol members' Death Benefits Act."

Sec. 6.  G.S. 143-166.1 is hereby amended to read as follows:

"In consideration of hazardous public service rendered to the people of this State, there is hereby provided a system of benefits for dependents of law enforcement officers, firemen, rescue squad workers and senior Civil Air Patrol members killed in the discharge of their official duties."

Sec. 7.  G.S. 143-166.2 as the same appears in the 1974 Replacement Volume 3C to the General Statutes is hereby amended to read:

"(1)      The term 'dependent child' shall mean any unmarried child of the deceased officer, fireman, rescue squad worker or senior member of the Civil Air Patrol whether natural, adopted, posthumously born or whether an illegitimate child as entitled to inherit under the Intestate Succession Act, who is under 18 years of age and dependent upon and receiving his chief support from said officer or fireman or rescue squad worker or senior member of the Civil Air Patrol at the time of his death; provided, however, that if a dependent child is entitled to receive benefits at the time of the officer's or fireman's or rescue squad worker's or senior Civil Air Patrol member's death as hereinafter provided, he shall continue to be eligible to receive such benefits regardless of his age thereafter; and further provided that any child over 18 years of age who is physically or mentally incapable of earning a living and any child over 18 years of age who was enrolled as a full-time student at the time of the officer's, the fireman's, the rescue squad worker's or the senior Civil Air Patrol member's death shall so long as he remains a full-time student as defined in the Social Security Act be regarded as a dependent child and eligible to receive benefits under the provisions of this Article.

(2)        The term 'dependent parent' shall mean the parent of the deceased officer, fireman, rescue squad worker or senior member of the Civil Air Patrol, whether natural or adoptive, who was dependent upon and receiving his total and entire support from the officer, fireman, rescue squad worker or senior member of the Civil Air Patrol at the time of the injury which resulted in his death.

(3)        The term 'killed in the line of duty' shall apply to any law enforcement officer, fireman, rescue squad worker or senior member of the Civil Air Patrol who is killed or dies as a result of bodily injuries sustained or of extreme exercise or extreme activity experienced in the course and scope of his official duties while in the discharge of his official duty or duties.

(4)        The term 'law enforcement officer', 'officer', or 'fireman' shall mean all law enforcement officers employed full-time by the State of North Carolina or any county or municipality thereof and all full-time custodial employees of the North Carolina Department of Correction. The term 'fireman' shall mean 'eligible fireman' or 'fireman' as defined in G.S. 118-23. The term 'rescue squad worker' shall mean a person who is dedicated to the purpose of alleviating human suffering and assisting anyone who is in difficulty or who is injured or becomes suddenly ill by providing the proper and efficient care of emergency medical services and who belongs to an organized rescue squad which is eligible for membership in the North Carolina Association of Rescue Squads, Inc., and so certified by the secretary of said association. Each member shall be required to attend a minimum of 36 hours of training and meetings in each calendar year. Each rescue squad must file a roster certified to by the secretary of those members meeting the above requirements with the State Auditor on or about January 1 of each year. The term 'Civil Air Patrol member' shall mean those senior members, 18 years of age and older who are in good standing, currently trained and so certified by the Secretary of the Department of Military and Veterans Affairs or his delegate.

(5)        The term 'spouse' shall mean the wife or husband of the deceased officer, fireman, rescue squad worker or senior Civil Air Patrol member who survives him and who was residing with such officer, fireman, rescue squad worker, or senior Civil Air Patrol member at the time of and during the six months next preceding the date of injury to such officer, fireman, rescue squad worker or senior Civil Air Patrol member which resulted in his death and who also resided with such officer, fireman, rescue squad worker or senior Civil Air Patrol member from that date of injury up to and at the time of his death and who remains unmarried during the time benefits are forthcoming provided, however, the part of this section requiring the spouse to have been residing with the deceased officer, fireman, rescue squad worker or senior Civil Air Patrol member for six months next preceding the date of the injury which resulted in his death shall not apply where marriage occurred during this six-month period or where the officer, fireman, rescue squad worker or senior Civil Air Patrol member was absent during this six‑month period due to service in the armed forces of this country."

Sec. 8.  G.S. 143-166.3 as the same appears in the 1974 Replacement Volume 3C to the General Statutes is hereby amended to read:

"(a)       When any law enforcement officer, fireman, rescue squad worker or senior Civil Air Patrol member shall be killed in the line of duty, the Industrial Commission shall award a death benefit to be paid in the amounts set forth in subsection (b) to the following:

(1)        The spouse of such officer, fireman, rescue squad worker or senior Civil Air Patrol member if there be a surviving spouse; or

(2)        If there be no spouse qualifying under the provisions of this Article, then payments shall be made to any surviving dependent child of such officer, fireman, rescue squad worker or senior Civil Air Patrol member and if there be more than one surviving dependent child, then said payment shall be made to and equally divided among all surviving dependent children; or

(3)        If there be no spouse and no dependent child or children qualifying under the provisions of this Article, then payments shall be made to the surviving dependent parent of such officer, fireman, rescue squad worker or senior Civil Air Patrol member and if there be more than one surviving dependent parent then said payments shall be made to and equally divided between the surviving dependent parents of said officer, fireman, rescue squad worker or senior Civil Air Patrol member.

(b)        Payment shall be made to the person or persons qualifying therefor under subsection (a) in the following amounts:

(1)        At the time of the death of an officer, fireman, rescue squad worker or senior Civil Air Patrol member, ten thousand dollars ($10,000) shall be paid to the person or persons entitled thereto.

(2)        Thereafter, five thousand dollars ($5,000) shall be paid annually to the person or persons entitled thereto until the sum of the initial payment and each annual payment reaches twenty-five thousand dollars ($25,000).

(3)        In the event there is no person qualifying under subsection (a) of this section, twenty-five thousand dollars ($25,000) shall be paid to the estate of the deceased officer, fireman, rescue squad worker or senior Civil Air Patrol member at the time of death.

(c)        In the event that any person or persons eligible for payments under subsection (a) of this section shall become ineligible, and other eligible person or persons qualify for said death benefit payments under subsection (a), then they shall receive the remainder of any payments up to the limit of twenty-five thousand dollars ($25,000) in the manner set forth in subsection (b) of this section.

(d)        In the event any person or persons eligible for payments under subsection (a) of this section shall become ineligible and no other person or persons qualify for payments under that subsection and where the sum of the initial payment of ten thousand dollars ($10,000) and each subsequent annual payment of five thousand dollars ($5,000) does not total twenty-five thousand dollars ($25,000), then the difference between the total of the payments made and twenty-five thousand dollars ($25,000) shall immediately be payable to the estate of the deceased officer, fireman, rescue squad worker, or senior Civil Air Patrol member."

Sec. 9.  G.S. 143-166.7 as the same appears in the 1974 Replacement Volume 3C to the General Statutes is hereby amended to read:

"The provisions of this Article shall apply and be in full force and effect with respect to any law enforcement officer, fireman, rescue squad worker or senior Civil Air Patrol member killed in the line of duty on or after ratification."

Sec. 10.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 13th day of May, 1975.