North Carolina § 58-84-35 - Disbursement of funds by trustees.

§ 58-84-35. Disbursement of funds by trustees.

The board of trustees shall have entire control of the funds derived from the provisions of this Article, and shall disburse the funds only for the following purposes: To safeguard any firefighter in active service from financial loss, occasioned by sickness contracted or injury received while in the performance of his duties as a firefighter. To provide a reasonable support for those actually dependent upon the services of any firefighter who may lose his life in the fire service of his town, city, or State, either by accident or from disease contracted or injury received by reason of such service. The amount is to be determined according to the earning capacity of the deceased. To provide assistance, upon approval by the Executive Director of the North Carolina State Firefighters' Association, to a destitute member firefighter who has served or is serving honorably with a certified fire department. The determination of destitute shall be based on the inability of the firefighters, through no fault of their own, to provide basic provisions to themselves or their families. Such basic provisions include, but are not limited to, assistance with housing, vehicle or commuting expenses, food, clothing, utilities, medical care, and funeral expenses. Repealed by Session Laws 1985, c. 666, s. 61. To provide for the payment of any firefighter's assessment in the Firemen's Fraternal Insurance Fund of the State of North Carolina if the board of trustees finds as a fact that said firefighter is unable to pay the said assessment by reason of disability. To provide for benefits of (i) supplemental retirement, including payment of firefighters' monthly assessments for the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund, (ii) workers compensation, including the payment of premiums to the Workers' Compensation Fund established under G.S. 58-87-10, and (iii) other insurance and pension protection for firefighters otherwise qualifying for benefits from the Firefighters' Relief Fund as set forth in Article 85 of this Chapter. To provide for educational benefits to firefighters and their dependents who otherwise qualify for benefits from the Firefighters' Relief Fund as set forth in Article 85 of this Chapter. To provide for annual physicals that are required for firefighter positions by the Department of Labor or are recommended by the National Fire Protection Association. To cover necessary management and investment costs that are reasonable and appropriate in relation to the assets, purpose, and financial security of the local Firefighters' Relief Fund. Notwithstanding any other provisions of law, no expenditures shall be made pursuant to subdivision (5), (6), or (7) of subsection (a) of this section unless the North Carolina State Firefighters' Association has certified that such expenditures will not render the Fund financially unsound for the purposes of providing the benefits set forth in subdivisions (1), (2), and (4) of subsection (a) of this section. If, for any reason, funds made available for subdivision (5), (6), or (7) shall be insufficient to pay in full any benefits, the benefits pursuant to subdivisions (5) and (6) shall be reduced pro rata for as long as the amount of insufficient funds exists, after first eliminating the benefits pursuant to subdivision (7). No claim shall accrue with respect to any amount by which a benefit under subdivisions (5) and (6) shall have been reduced. As used in subsection (b) of this section, the term "financially unsound" means that a local fund could not sustain a requested expenditure or could not make similar payments for five years without the local fund's balance falling below the greater of the following: Five hundred dollars ($500.00) multiplied by the number of eligible firefighters in the local department. Twenty thousand dollars ($20,000). A local board of trustees shall not be restricted to making disbursements solely from the interest earned on the local board's relief fund. History (1907, c. 831, s. 6; 1919, c. 180; C.S., s. 6069; Ex. Sess. 1921, c. 55; 1923, c. 22; 1925, c. 41; 1945, c. 74, s. 2; 1985, c. 666, s. 61; 1987, c. 174, ss. 2, 3; 1997-456, s. 27; 2007-246, s. 4; 2008-187, s. 13; 2014-64, s. 1(a); 2016-51, ss. 5, 6; 2017-99, s. 1.) Local Modification. - Mecklenburg: 1949, c. 728; New Hanover: 1929, c. 328; city of Asheboro, 1985, c. 186; city of Asheville: 1959, c. 759; city of Charlotte: 1947, c. 837; 1949, c. 728; city of Conover: 1977, c. 334, s. 2; 1991, c. 260; city of Durham: 1951, c. 577; 2002-114, s. 3; city of Fayetteville: 1979, c. 557, s. 1; 1991, c. 149, s. 2; city of Gastonia: 1945, c. 183; city of Greensboro: 1953, c. 931; city of Henderson: 1959, c. 943; city of Hendersonville: 1993, c. 244, s. 2; city of Hickory: 1971, c. 65; 1981, c. 407; 1985, c. 139; 1999-128, s. 1; city of High Point: 1961, c. 523; city of Lenoir: 1977, c. 118; 1981, c. 291; 1991 (Reg. Sess., 1992), c. 800; city of Mayodan: 1985, c. 255; city of New Bern: 1969, c. 704; city of Radford: 1983, c. 496; city of Rocky Mount: 1969, c. 434; 1983, c. 498; 1991, c. 497; 1991, c. 761, s. 43; 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 Cary: 1985, c. 159; 1991, c. 147; 1989 (Reg. Sess., 1990), c. 924; town of Morganton: 1963, c. 689; town of Selma: 1987, c. 614, s. 2; town of Tarboro: 1985, c. 157; 1987, c. 609; town of Valdese: 1983, c. 501; town of Wilkesboro: 1985, c. 131; Windsor Firemen's Local Relief Fund: 1989 (Reg. Sess., 1990), c. 930. Local Supplemental Firemen's Retirement Fund. - Town of Wilkesboro: 2010-23, s. 1, as amended by 2015-76, s. 1. Editor's Note. - Session Laws 2016-51, s. 6, provides: "Chapter 251 of the Private Laws of 1889 is hereby amended by replacing the words 'North Carolina State Firemen's Association' with the words 'North Carolina State Firefighters' Association'." "The entity formerly known as the North Carolina State Firemen's Association, and now known as the North Carolina State Firefighters' Association, is hereby authorized to amend its corporate documents to conform them to the association's new name by an appropriate filing with the Secretary of State. "The Revisor of Statutes is hereby authorized to replace any occurrences in the General Statutes of the words 'North Carolina State Firemen's Association,' 'North Carolina Firemen's Association,' 'State Firemen's Association,' or any reasonable derivative thereof, with the words 'North Carolina State Firefighters' Association,' including the following sections of the General Statutes: G.S. 58-2-121 , 58-78-1, 58-80-5, 58-80-25, 58-80-60, 58-84-5, 58-84-25, 58-84-33, 58-84-35, 58-84-40, 58-84-41, 58-84-46, 58-84-50, 58-84-52, 58-85-1, 58-85-10, 58-85-20, 58-85-25, 58-85-30, 58-85-35, 58-86-25, 58-87-10, 135-27, 143-136, 143B-1401, 166A-26, and 166A-69." Session Laws 2017-99, s. 4, made the substitution of "served or is serving honorably with a certified fire department" for "served honorably for at least five years" in the first sentence of subdivision (a)(2a) by Session Laws 2017-99, s. 1, effective July 1, 2017, and applicable to distributions to local firefighters' relief funds on or after that date. Effect of Amendments. - Session Laws 2007-246, s. 4, effective July 20, 2007, in subdivision (5), substituted "firefighters" for "firemen" and substituted "Firefighters"' for "Firemen's." Session Laws 2008-187, s. 13, effective August 7, 2008, substituted "Firefighters' Relief Fund" for "Firemen's Relief Fund" in subdivision (6). Session Laws 2014-64, s. 1(a), effective July 1, 2014, substituted "firefighter" for "fireman" or similar language throughout the section; added subsection designations (a) and (b); in subdivision (a)(2a), substituted "Executive Director" for "Secretary" in the first sentence and added the second sentence; rewrote subdivision (a)(5); added subdivision (a)(7); rewrote subsection (b); and added subsections (c) and (d). Session Laws 2016-51, ss. 5 and 6, effective July 1, 2016, substituted "North Carolina State Firefighters' Association" for "State Firemen's Association" in subdivision (a)(2a) and subsection (b); and added subsection (8). Session Laws 2017-99, s. 1, substituted "served or is serving honorably with a certified fire department" for "served honorably for at least five years" in the first sentence of subdivision (a)(2a). For effective date and applicability, see editor's note.