North Carolina § 143-166 - 3. Payments; determination.

§ 143-166. 3. Payments; determination.

When any covered person is killed in the line of duty, the Industrial Commission shall award a death benefit in the amount of one hundred thousand dollars ($100,000) to be paid to one of the following: The spouse of the covered person if there is a surviving spouse. If there is no surviving spouse, then payments shall be made to any surviving dependent child of the covered person. If there is more than one surviving dependent child, then the payment shall be made to and equally divided among all surviving dependent children. If there is no surviving spouse and no surviving dependent child or children, then payments shall be made to any surviving dependent parent of the covered person. If there is more than one surviving dependent parent, then the payments shall be made to and equally divided between the surviving dependent parents of the covered person. If there is no surviving spouse, surviving dependent child, or surviving dependent parent, then the payment shall be made to the estate of the deceased covered person. Repealed by Session Laws 2018-5, s. 35.29(a), effective retroactively to April 1, 2017, and applicable to qualifying deaths occurring on or after that date. , (d) Repealed by Session Laws 2015-88, s. 9, effective July 1, 2015. (For effective date and applicability, see editor's note) On and after July 1, 2016, when any covered person is murdered in the line of duty, in addition to the award under subsection (a) of this section, the Industrial Commission shall award a death benefit in the amount of one hundred thousand dollars ($100,000) to be paid to one of the following: The spouse of the covered person if there is a surviving spouse. If there is no surviving spouse, then payments shall be made to any surviving dependent child of the covered person. If there is more than one surviving dependent child, then the payment shall be made to and equally divided among all surviving dependent children. If there is no surviving spouse and no surviving dependent child or children, then payments shall be made to any surviving dependent parent of the covered person. If there is more than one surviving dependent parent, then the payments shall be made to and equally divided between the surviving dependent parents of the covered person. If there is no surviving spouse, surviving dependent child, or surviving dependent parent, then the payment shall be made to the estate of the deceased covered person. History (1959, c. 1323, s. 1; 1965, c. 937; 1971, c. 960; 1973, c. 634, s. 2; 1975, c. 284, s. 8; 2003-284, s. 30.18A(a); 2015-88, s. 9; 2018-5, s. 35.29(a); 2019-228, ss. 2(b), 3(a).) Editor's Note. - Session Laws 2018-5, s. 35.29(d), made the amendment of this section by Session Laws 2018-5, s. 35.29(a), effective retroactively to April 1, 2017, and applicable to qualifying deaths occurring on or after that date. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2019-228, s. 2(c), made subsection (e), as added by Session Laws 2019-228, s. 2(b), effective upon appropriation by the General Assembly of funds for the implementation of this section and applicable to qualifying deaths occurring on or after July 1, 2016. Such funds were appropriated by Session Laws 2020-86, ss. 1, 2, which provide: "SECTION 1. There is transferred from the Statewide Misdemeanant Confinement Fund (Budget Code: 24550; Fund Code: 2325) to the Department of State Treasurer (Budget Code: 13412; Fund Code: 1432) the sum of one million two hundred thousand dollars ($1,200,000) in nonrecurring funds for the 2020-2021 fiscal year. "SECTION 2. The funds transferred in Section 1 of this act are appropriated in nonrecurring funds for the 2020-2021 fiscal year to pay benefits provided under Conner's Law, S.L. 2019-228." Session Laws 2019-228, s. 3(b), made the substitution of "surviving dependent parent" for "surviving parent" in subdivision (a)(4) by Session Laws 2019-228, s. 3(a), effective retroactively to April 1, 2017, and applicable to qualifying deaths occurring on or after that date. Session Laws 2019-228, s. 3(b), made the amendment to subdivision (a)(4) by Session Laws 2019-228, s. 3(a), effective retroactively to April 1, 2017, and applicable to qualifying deaths occurring on or after that date. Effect of Amendments. - Session Laws 2015-88, s. 9, effective July 1, 2015, substituted "firefighter" for "fireman" throughout subsection (b); substituted "fifty thousand dollars ($50,000)" for "twenty thousand dollars ($20,000)" in subdivision (b)(1), and deleted former subdivision (b)(2), which read: "Thereafter, ten thousand dollars ($10,000) shall be paid annually to the person or persons entitled thereto until the sum of the initial payment and each annual payment reaches fifty thousand dollars ($50,000)"; and deleted former subsections (c) and (d), relating to payments for persons who become ineligible for payments under subsection (a). Session Laws 2018-5, s. 35.29(a), rewrote subsection (a); and deleted former subsection (b), relating to payments made to qualifying persons. For effective date and applicability, see editor's note. Session Laws 2019-228, s. 2(b), added subsection (e). For effective date and applicability, see editor's note. Session Laws 2019-228, s. 3(a), substituted "surviving dependent parent" for "surviving parent" in subdivision (a)(4). For effective date and applicability, see editor's note.