North Carolina § 58-86-2 - Definitions.

§ 58-86-2. Definitions.

The following words and phrases as used in this Article, unless a different meaning is plainly required by the context, shall have the following meanings: "Board" means the Board of Trustees of the Local Governmental Employees' Retirement System. "Chair" means the chair of the Board of Trustees of the Local Governmental Employees' Retirement System. "Director" means the Director of the Retirement Systems Division of the North Carolina Department of State Treasurer. The Director shall promptly transmit to the State Treasurer all moneys collected on behalf of members, which moneys shall be deposited by the State Treasurer into the fund. "Eligible fire department" means a bona fide fire department which is certified to the Commissioner of Insurance by the governing body thereof, and determined as classified as not less than class "9S," and said fire department holds training sessions not less than four hours monthly. "Eligible firefighter" means all persons 18 years of age or older who are firefighters of the State of North Carolina or any political subdivision thereof, including those performing such functions in the protection of life and property through firefighting within a county or city governmental unit. "Eligible firefighter" shall also mean an employee of a county whose sole duty is to act as fire marshal, deputy fire marshal, assistant fire marshal, or firefighter of the county. "Eligible firefighter" shall also mean those persons meeting the other qualifications of this Article, not exceeding 25 volunteer firefighters plus one additional volunteer firefighter per 100 population in the area served by their respective departments. "Eligible rescue or emergency medical services squad" means organized rescue squad units eligible for membership in the North Carolina Association of Rescue and Emergency Medical Services, Inc. "Eligible rescue squad worker" means all persons 18 years of age or older who are members of a rescue or emergency medical services squad that is eligible for membership in the North Carolina Association of Rescue and Emergency Medical Services, Inc. "Eligible rescue squad worker" shall also mean those persons meeting the other qualifications of this Article. "Fully credited service" means a period of time for which the Board has received certification that a member has met all eligibility requirements for participation in the Pension Fund and for which the Board has received timely monthly payments under G.S. 58-86-35 or G.S. 58-86-40. In lieu of monthly payments under G.S. 58-86-35 or G.S. 58-86-40, a member may purchase fully credited service for any period of service as set forth in G.S. 58-86-45. "Inactive member" means a member of the fund who is not on a leave of absence under G.S. 58-86-95 and who has not made timely payments under G.S. 58-86-35 or G.S. 58-86-40 for two consecutive years. "Killed in the line of duty" has the same meaning as in G.S. 143-166.2. "Member" means an eligible firefighter or eligible rescue squad worker who has elected to participate in the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund. "Pension Fund" means the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund. "Training sessions" for eligible rescue squad workers means sessions in which attendance will result in the preparation of, or knowledge gained by, the member in the area of rescue, emergency medical services, injury prevention, or protection of life and property. Such drill or training sessions held by the eligible rescue squad unit to meet the requirements of this Article shall be held for the purpose of providing a learning or preparation experience for the members. "Training sessions" for eligible firefighters means sessions in which attendance will result in the preparation of, or knowledge gained by, the member in the area of fire prevention, fire suppression, or protection of life and property. Such drill or training sessions held by the eligible fire department to meet the requirements of this Article shall be held for the purpose of providing a learning or preparation experience for the members. History (2013-284, s. 1(a); 2014-97, s. 1; 2016-108, s. 1(a); 2018-5, s. 35.29(c).) Editor's Note. - Session Laws 2016-108, s. 1(e), made subdivision (9a) of this section, as added by Session Laws 2016-108, s. 1(a), applicable to benefits paid when a member is killed in the line of duty on or after June 1, 2016, but before July 1, 2018. Session Laws 2016-108, s. 9, is a severability clause. Session Laws 2018-5, s. 35.29(d), made the amendment of subdivision (9a) of this section by Session Laws 2018-5, s. 35.29(c), 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. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2014-97, s. 1, effective July 1, 2014, in subdivision (9), substituted "has not made timely payments" for "is not making timely monthly payments" and added "for two consecutive years" at the end. Session Laws 2016-108, s. 1(a), effective June 1, 2016, added subdivision (9a). See editor's note for applicability. Session Laws 2018-5, s. 35.29(c), substituted "G.S. 143-166.2" for "G.S. 143-166.2(c)" in subdivision (9a). For effective date and applicability, see editor's note.