North Carolina § 58-84-30 - Trustees appointed; organization.

§ 58-84-30. Trustees appointed; organization.

For each county, town or city complying with and deriving benefits from the provisions of this Article, there shall be appointed a local board of trustees, known as the trustees of the local Firefighters' Relief Fund, to be composed of five members, two of whom shall be elected by the members of the local fire department who are qualified as beneficiaries of such fund, two of whom shall be elected by the mayor and board of aldermen or other local governing body, and one of whom shall be named by the Commissioner of Insurance. Their selection and term of office shall be as follows: The members of the fire department shall hold an election to elect two representatives to the board to serve at the pleasure of the members of the department. The elected representatives may serve until their resignation or until the department holds an election to replace them. Board members elected pursuant to this subdivision shall be either (i) residents of the fire district or (ii) active or retired members of the fire department. The mayor and board of aldermen or other local governing body shall appoint two representatives to the board to serve at the pleasure of the governing body. Board members appointed pursuant to this subdivision shall be residents of the fire district. The Commissioner of Insurance shall appoint one representative to serve as trustee who shall serve at the pleasure of the Commissioner. The member appointed pursuant to this subdivision shall be either (i) a resident of the fire district or (ii) an active or retired member of the fire department. All of the above trustees shall hold office for their elected or appointed time, or until their successors are elected or appointed, and shall serve without pay for their services. They shall immediately after election and appointment organize by electing from their members a chairman and a secretary and treasurer, which two last positions may be held by the same person. The treasurer of said board of trustees shall give a good and sufficient surety bond in a sum equal to the amount of moneys in his hand, to be approved by the Commissioner of Insurance. The cost of this bond may be deducted by the Insurance Commissioner from the receipts collected pursuant to G.S. 58-84-10 before distribution is made to local relief funds. If the chief or chiefs of the local fire departments are not named on the board of trustees as above provided, then they shall serve as ex officio members without privilege of voting on matters before the board. History (1907, c. 831, s. 6; C.S., s. 6068; 1925, c. 41; 1945, c. 74, s. 1; 1947, c. 720; 1949, c. 1054; 1973, c. 1365; 1985, c. 666, s. 64; 1987, c. 174, ss. 1, 5; 2007-246, s. 3; 2012-45, s. 2; 2014-64, s. 1(a); 2016-51, s. 3.) Local Modification. - City of Hickory: 1985, c. 139; 1999-128, s. 1; city of Lenoir: 1977, c. 118; 1981, c. 291; 1991 (Reg. Sess., 1992), c. 800; city of Lumberton: 1989, c. 357, s. 1; 1991 (Reg. Sess., 1992), c. 792; city of Mayodan: 1985, c. 255; city of Rocky Mount: 1969, c. 434; 1983, c. 498; 1991, c. 497; city of Shelby: 1985, c. 209; 1991 (Reg. Sess., 1992), c. 791; city of Whiteville: 1987 (Reg. Sess., 1988), c. 1018, s. 1; city of Williamston: 1985, c. 188; city of Wilmington: 1983, c. 505, as amended by 2013-222, s. 1; town of Selma: 1987, c. 614, s. 6; town of Tarboro: 1985, c. 157; 1987, c. 609; town of Valdese: 1983, c. 501; town of Wilkesboro: 1985, c. 131. Local Supplemental Firemen's Retirement Fund. - City of Lumberton: 1995 (Reg. Sess., 1996), c. 699; town of Wilkesboro, 2010-23, s. 1, as amended by 2015-76, s. 1. Editor's Note. - Section 58-84-10, referred to in this section, has been repealed. Effect of Amendments. - G.S. Laws 2007-246, s. 3, effective July 20, 2007, substituted "Firefighters' Relief Fund" for "firemen's relief fund" in the first paragraph and substituted "firefighters" for "firemen" in subdivision (1). Session Laws 2012-45, s. 2, effective June 20, 2012, deleted "or departments" following "local fire department" from the first paragraph; and added the last sentences of subdivisions (1), (2), and (3). Session Laws 2014-64, s. 1(a), effective July 1, 2014, inserted "local" preceding "Firefighters' Relief Fund" in the first sentence of the introductory language of the section. Session Laws 2016-51, s. 3, effective July 1, 2016, rewrote subsection (1) which formerly read "The members of the fire department shall hold an election each January to elect their representatives to above board. In January 1950, the firefighters shall elect one member to serve for two years and one member to serve for one year, then each year in January thereafter, they shall elect only one member and his term of office shall be for two years. Members elected pursuant to this section shall be either (i) residents of the fire district or (ii) active or retired members of the fire department"; rewrote subsection (2) which formerly read "The mayor and board of aldermen or other local governing body shall appoint, in January 1950 two representatives to above board, one to hold office for two years and one to hold office for one year, and each year in January thereafter they shall appoint only one representative and his term of office shall be for two years. Members appointed pursuant to this section shall be residents of the fire district"; and in subsection (3), substituted "subdivision" for "section" preceding "shall be either" and made a stylistic change.