North Carolina § 58-86-55 - Monthly pensions upon attaining the age of 55 years.

§ 58-86-55. Monthly pensions upon attaining the age of 55 years.

Any member who has served 20 years as an "eligible firefighter" or "eligible rescue squad worker" in the State of North Carolina, as provided in G.S. 58-86-25 and G.S. 58-86-30, and who has attained the age of 55 years is entitled to be paid a monthly pension from this fund. The monthly pension shall be in the amount of one hundred seventy dollars ($170.00) per month. Any retired firefighter receiving a pension shall, effective July 1, 2008, receive a pension of one hundred seventy dollars ($170.00) per month. Members shall pay ten dollars ($10.00) per month as required by G.S. 58-86-35 and G.S. 58-86-40 for a period of no longer than 20 years. No "eligible rescue squad member" shall receive a pension prior to July 1, 1983. A member who is totally and permanently disabled while in the discharge of the member's official duties as a result of bodily injuries sustained or as a result of extreme exercise or extreme activity experienced in the course and scope of those official duties and who leaves the fire or rescue squad service because of this disability shall be entitled to be paid from the fund a monthly benefit in an amount of one hundred seventy dollars ($170.00) per month beginning the first month after the member's fifty-fifth birthday. All applications for disability are subject to the approval of the board who may appoint physicians to examine and evaluate the disabled member prior to approval of the application, and annually thereafter. Any disabled member shall not be required to make the monthly payment of ten dollars ($10.00) as required by G.S. 58-86-35 and G.S. 58-86-40. A member who is totally and permanently disabled for any cause, other than line of duty, who leaves the fire or rescue squad service because of this disability and who has at least 10 years of service with the pension fund, may be permitted to continue making a monthly contribution of ten dollars ($10.00) to the fund until the member has made contributions for a total of 240 months. The member shall upon attaining the age of 55 years be entitled to receive a pension as provided by this section. All applications for disability are subject to the approval of the board who may appoint physicians to examine and evaluate the disabled member prior to approval of the application and annually thereafter. Benefits shall be paid in the following manner when a member is killed in the line of duty and the requirements of Article 12A of Chapter 143 of the General Statutes are met: If the member had been receiving a monthly pension fund benefit prior to being killed in the line of duty, there shall be paid to the member's principal beneficiary, if only one principal beneficiary is eligible and has not accepted a return of contributions, an amount of one hundred seventy dollars ($170.00) per month beginning the month following the member's month of death, payable until the beneficiary's death. If the member had been receiving a monthly pension fund benefit prior to being killed in the line of duty and the beneficiary is not payable as described in subdivision (1) of this subsection, a lump sum payment equal to the difference between the amount paid into the member's separate account by or on behalf of the member and the amount received by the member as a pensioner will be paid to the eligible beneficiaries, or if there are no eligible beneficiaries, shall be paid to the member's estate. If the member had not yet begun receiving a monthly benefit prior to being killed in the line of duty, there shall be paid to the member's principal beneficiary, if only one principal beneficiary is eligible and has not accepted a return of contributions, an amount of one hundred seventy dollars ($170.00) per month beginning the month following the month the member would have attained age 55, or if the member had already attained age 55, beginning the month following the member's month of death, payable until the beneficiary's death. If the member had not begun receiving a monthly benefit prior to being killed in the line of duty and the beneficiary is not payable as described in subdivision (3) of this subsection, a lump sum payment equal to the member's contributions will be paid to the eligible beneficiaries, or if there are no eligible beneficiaries, a return of the contributions shall be paid to the member's estate. Repealed by Session Laws 2016-108, s. 1(f), effective July 1, 2018. A member who, because the member's residence is annexed by a city under Part 2 or Part 3 of Article 4A of Chapter 160A of the General Statutes, or whose department is closed because of an annexation by a city under Part 2 or Part 3 of Article 4A of Chapter 160A of the General Statutes, or whose volunteer department is taken over by a city or county, and because of such annexation or takeover is unable to perform as a firefighter or rescue squad worker of any status, and if the member has at least 10 years of service with the pension fund, may be permitted to continue making a monthly contribution of ten dollars ($10.00) to the fund until the member has made contributions for a total of 240 months. The member upon attaining the age of 55 years and completion of such contributions shall be entitled to receive a pension as provided by this section. Any application to make monthly contributions under this section shall be subject to a finding of eligibility by the Board of Trustees upon application of the member. The pensions provided shall be in addition to all other pensions or benefits under any other statutes of the State of North Carolina or the United States, notwithstanding any exclusionary provisions of other pensions or retirement systems provided by law. A beneficiary under this subsection shall not be required to make the monthly payment of ten dollars ($10.00) as required by G.S. 58-86-35 and G.S. 58-86-40 after the member has been killed in the line of duty. History (1957, c. 1420, s. 1; 1959, c. 1212, s. 1; 1961, c. 980; 1971, c. 336; 1977, c. 926, s. 1; 1981, c. 1029, s. 1; 1983, c. 500, s. 2; c. 636, s. 24; 1985 (Reg. Sess., 1986), c. 1014, s. 49.1(b); 1987 (Reg. Sess., 1988), c. 1099, s. 1; 1991, c. 720, s. 48; 1993 (Reg. Sess., 1994), c. 653, s. 1; 1995, c. 507, s. 7.21A(g); 1997-443, s. 33.25(a); 1998-212, s. 28.21(a); 2000-67, s. 26.18; 2002-113, s. 1; 2002-126, s. 28.7; 2003-284, s. 30.19; 2004-124, s. 31.18; 2005-276, s. 29.26; 2006-66, s. 22.19; 2007-323, s. 28.21; 2008-107, s. 26.25; 2013-284, s. 1(a); 2014-64, s. 3(a); 2016-108, s. 1(b), (d), (f); 2018-85, s. 9(a).) Editor's Note. - Session Laws 1983, c. 636, which inserted the next-to-last paragraph, effective with respect to all annexations where resolutions of intent are adopted on or after June 29, 1983, provides in ss. 37.1 and 38, as amended by Session Laws 1983, c. 768, s. 25: "Sec. 37.1. The General Assembly intends by this act to repeal all acts and provisions of acts that modify the application to particular cities and towns of Parts 2 and 3 of Article 4A of Chapter 160A of the General Statutes or that exempt particular cities or towns from the application of either or both of those two Parts. Therefore, all such acts and provisions of acts, even if not specifically listed and repealed in Sections 26 through 35.4 of this act, are repealed. Neither this section nor Sections 26 through 35.4 of this act shall affect any annexation in progress on the dates of ratification of this act under any of the repealed or amended sections. "Sec. 38. This act shall be effective with respect to all annexations where resolutions of intent are adopted on or after the date of ratification of this act, except that Sections 36 and 37 shall become effective with respect to all annexations where resolutions of intent are adopted on or after July 1, 1984, Sections 25.1 through 35.5 and Section 37.1 are effective upon ratification and Section 25 shall become effective as provided in that section. No annexation where a resolution of intent was adopted prior to the date of ratification of this act shall be affected by this act except as provided in Section 25." The act was ratified June 29, 1983. Session Laws 1993 (Reg. Sess., 1994), c. 653, s. 1 which amended this section was effective July 1, 1994, contingent on whether funds to implement it are appropriated in the Current Operations and Capital Improvements Appropriations Act of 1994. Session Laws 1995, c. 507, which amended this section, in s. 7.21A(i) provides: "The changes made to G.S. 58-86-45 and G.S. 58-86-55 by this Part do not affect the credit received for service performed before July 1, 1995. The increase in monthly pension contributions from five dollars ($5.00) to ten dollars ($10.00) in G.S. 58-86-55 does not affect the amount of monthly contributions made prior to July 1, 1995." Session Laws 1995, c. 507, s. 28.9, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1995-97 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1995-97 biennium." Session Laws 2016-108, s. 1(e), made subsection (d1) of this section, as added by Session Laws 2016-108, s. 1(b), applicable to benefits paid when a member is killed in the line of duty on or after July 1, 2018. Session Laws 2016-108, s. 1(e), made subsection (d2) of this section, as added by Session Laws 2016-108, s. 1(d), 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. Effect of Amendments. - Session Laws 2004-124, s. 31.18, effective July 1, 2004, substituted "one hundred sixty-one dollars ($161.00)" for "one hundred fifty-eight dollars ($158.00)" twice in the first paragraph, and once in the third paragraph; and substituted "effective July 1, 2004 " for "effective July 1, 2003" in the third sentence of the first paragraph. Session Laws 2005-276, s. 29.26, effective July 1, 2005, substituted "one hundred sixty-three dollars ($163.00)" for "one hundred sixty-one dollars ($161.00)" in the first and third paragraphs, and substituted "July 1, 2005" for "July 1, 2004" in the first paragraph. Session Laws 2006-66, s. 22.19, effective July 1, 2006, in the first paragraph, substituted "July 1, 2006" for "July 1, 2005" in the last sentence; and substituted "one hundred sixty-five dollars ($165.00)" for "one hundred sixty-three dollars ($163.00)" in the first and third paragraphs of the section. Session Laws 2007-323, s. 28.21, effective July 1, 2007, in the first paragraph, substituted "one hundred sixty-seven dollars ($167.00)" for "one hundred sixty-five dollars ($165.00)" twice and substituted "July 1, 2007" for "July 1, 2006" in the middle of the last sentence; substituted "one hundred sixty-seven dollars ($167.00)" for "one hundred sixty-five dollars ($165.00)" near the end of the first sentence of the third paragraph; and substituted "Article 4A" for "Article 4" twice in the first sentence of the fifth paragraph. Session Laws 2008-107, s. 26.25, effective July 1, 2008, in the first paragraph, substituted "one hundred seventy dollars ($170.00)" for "one hundred sixty-seven dollars ($167.00)" twice, and substituted "July 1, 2008" for "July 1, 2007"; and in the third paragraph, substituted "one hundred seventy dollars ($170.00)" for "one hundred sixty-seven dollars ($167.00)." Session Laws 2013-284, s. 1(a), effective July 1, 2013, substituted "firefighter" for "fireman" throughout, and substituted "the member's residence" for "his residence" in the first sentence of the fifth paragraph. Session Laws 2014-64, s. 3(a), effective October 1, 2014, substituted "attaining the age of 55 years" for "retirement" in the section heading; added the subsection designations; and deleted the former last sentence in present subsection (b), which read: "No member shall be entitled to a pension hereunder until the member's official duties as a fireman or rescue squad worker for which the member is paid compensation shall have been terminated and the member shall have retired as such according to standards or rules fixed by the board of trustees." Session Laws 2016-108, s. 1(b), effective July 1, 2018, added subsection (d1) and Session Laws 2016-108, s. 1(f), effective July 1, 2018, repealed subsection (d2). See editor's note for applicability. Session Laws 2016-108, s. 1(d), effective June 1, 2016, added subsection (d2). See editor's note for applicability. Session Laws 2018-85, s. 9(a), effective July 1, 2018, substituted "eligible and has not accepted a return of contributions," for "eligible," in subdivisions (d1)(1) and (d1)(3).