North Carolina § 58-85-1 - Application of fund.

§ 58-85-1. Application of fund.

The money paid into the hands of the treasurer of the North Carolina State Firefighters' Association shall be known and remain as the "Firefighters' Relief Fund" of North Carolina, and shall be used as a fund for the relief of firefighters and county fire marshals, who are members of this Association, who may be injured or rendered sick by disease contracted in the actual discharge of duty as firefighters or county fire marshals, and for the relief of surviving spouses, children, and if there be no surviving spouse or children, then dependent mothers of the firefighters and county fire marshals killed or dying from disease so contracted in the discharge of duty; to be paid in the manner and in the sums to the individuals of the classes herein named and described as may be provided for and determined upon in accordance with the constitution and bylaws of the Association, and any provisions and determinations made under the constitution and bylaws shall be final and conclusive as to the persons entitled to benefits and as to the amount of benefit to be received, and no action at law shall be maintained against the Association to enforce any claim or recover any benefit under this Article or under the constitution and bylaws of the Association; but if any officer or committee of the Association omit or refuse to perform any duty imposed upon the officer or them, nothing herein contained shall be construed to prevent any proceedings against that officer or committee to compel the officer or them to perform that duty. Notwithstanding the above provisions, the Executive Board of the North Carolina State Firefighters' Association is hereby authorized to grant educational scholarships to members and the children of members, to subsidize premium payments of members over 65 years of age to the Firemen's Fraternal Insurance Fund of the North Carolina State Firefighters' Association, and to provide accidental death and dismemberment insurance for members of fire departments. History (1891, c. 468, s. 3; Rev., s. 4393; C.S., s. 6058; 1925, c. 41; 1981 (Reg. Sess., 1982), c. 1215; 1987, c. 174, s. 4; 1993 (Reg. Sess., 1994), c. 678, s. 33; 2004-199, s. 22(a); 2007-246, s. 1; 2014-64, s. 1(e); 2016-51, s. 6.) Cross References. - As to report by Department of Insurance to General Assembly on various relief funds, see G.S. 58-2-121 . Editor's Note. - Session Laws 2014-64, s. 1(e), effective July 1, 2014, rewrote the Article 85 heading, which formerly read "State Appropriations." 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 2016-78, s. 2.3, provides: "The Office of State Fire Marshal, Department of Insurance, shall study, in consultation with the [North Carolina State Firefighters' Association] North Carolina State Firemen's Association, the North Carolina Association of Fire Chiefs, the North Carolina Association of Rescue and Emergency Medical Services, the North Carolina League of Municipalities, and the North Carolina Association of County Commissioners, and make recommendations regarding the issue of declining recruitment and retention of volunteer firefighters in North Carolina to the General Assembly on or before the convening of the 2018 Legislative Session. The recommendations shall include at least the following: "(1) Assessment of existing programs, initiatives, and efforts to increase the number of volunteer firefighters protecting their communities across the State. "(2) Assessment of other states' programs, initiatives, and efforts to increase the number of volunteer firefighters protecting their communities. "(3) Consideration of financial incentive programs that may be offered to encourage increased volunteer firefighter participation rates, including tax incentives, rebates, or other initiatives. "(4) The impact of current programs and viability of expansion of high school based programs providing firefighter training statewide. "(5) Other issues, initiatives, or matters deemed relevant to consideration of and action on this issue by the Office of State Fire Marshall and its collaborators. "(6) Recommendations for legislative action, if any, to address the issue of recruitment and retention of volunteer firefighters statewide." Effect of Amendments. - Session Laws 2004-199, s. 22(a), effective August 17, 2004, rewrote the section to include references to county fire marshals; and made minor stylistic changes. Session Laws 2007-246, s. 1, effective July 20, 2007, substituted "Firefighters"' for "Firemen's" and "firefighters" for "firemen" throughout the section, substituted "surviving spouses, children, and if there be no surviving spouse" for "widows, children, and if there be no widow," substituted "the officer" for "him" twice, and substituted "firefighter" for "fireman." Session Laws 2014-64, s. 1(e), effective July 1, 2014, deleted the former second sentence, which read: "No firefighter or county fire marshal shall be entitled to receive any benefits under this section until the firefighters' relief fund of his city or town has been exhausted"; and substituted "fire departments" for "those fire departments not eligible for benefits pursuant to standards of certification adopted by the State Firemen's Association for the use of local relief funds" at the end of the last sentence in the section. Session Laws 2016-51, s. 6, effective July 1, 2016, substituted "North Carolina State Firefighters' Association" for "North Carolina State Firemen's Association" in the first and last sentences.