North Carolina § 58-86-60 - Payments in lump sums.

§ 58-86-60. Payments in lump sums.

The board shall direct payment in lump sums from the fund in the following cases: To any firefighter or rescue squad worker upon the attaining of the age of 55 years, who, for any reason, is not qualified to receive the monthly retirement pension and who was enrolled as a member of the fund, an amount equal to the amount paid into the fund by him. This provision shall not be construed to preclude any active firefighter or rescue squad worker from completing the requisite number of years of active service after attaining the age of 55 years necessary to entitle the firefighter or rescue squad worker to the pension. If any firefighter or rescue squad worker dies, except if the individual is killed in the line of duty, before attaining the age at which a pension is payable to the firefighter or rescue squad worker under the provisions of this Article, there shall be paid to the person or persons designated by the member, or if the member has not designated a beneficiary, to the surviving spouse of the deceased member, or if not survived by a designated beneficiary or spouse, to the deceased member's legal representative, an amount equal to the amount paid into the member's separate account by or on behalf of the said firefighter or rescue squad worker. If any firefighter or rescue squad worker dies, except if the individual is killed in the line of duty, after beginning to receive the pension payable to the firefighter or rescue squad worker by this Article, and before receiving an amount equal to the amount paid into the fund by him or her, there shall be paid to the person or persons designated by the member, or if the member has not designated a beneficiary, to the surviving spouse of the deceased retired member, or if not survived by a designated beneficiary or spouse, to the deceased retired member's legal representative, an amount equal to the difference between the amount paid into the member's separate account by or on behalf of the said firefighter or rescue squad worker and the amount received by him or her as a pensioner. Any member who withdraws from the fund shall, upon proper application, be paid all moneys without accumulated earnings on the payments after the time they were made. A member may not purchase time under G.S. 58-86-45 for which he or she has received a refund. History (1957, c. 1420, s. 1; 1959, c. 1212, s. 1; 1977, c. 926, s. 2; 1981, c. 1029, s. 1; 1987, c. 667, s. 1; 2009-66, s. 2(h); 2009-365, s. 1; 2013-284, s. 1(a); 2016-108, s. 1(c).) Editor's Note. - Session Laws 2016-108, s. 1(e), made the amendment to this section by Session Laws 2016-108, s. 1(c), 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. 9, is a severability clause. Effect of Amendments. - Session Laws 2009-66, s. 2(h), effective July 1, 2009, substituted "member's separate account by or on behalf of" for "fund by" near the end of subdivisions (2) and (3); and, in subdivision (4), deleted "less an administrative fee equal to the lesser of the amount the individual contributed to the fund or twenty-five dollars ($25.00)" from the end of the first sentence, and deleted the former second sentence, which read: "The administrative fees collected by the fund shall be retained by the Board to defray administrative expenses, including salaries." and deleted the former last two sentences, regarding administrative fees. Session Laws 2009-365, s. 1, effective July 27, 2009, in subdivision (4), in the first sentence, substituted "with five or more years of contributing service and who withdraws" for "withdrawing" near the beginning, and deleted "the individual contributed to the fund" preceding "without accumulated"; and in the third sentence, substituted "If any member who has less than five years of contributing service made contributions, or any" for "Notwithstanding the foregoing, if any" at the beginning, and "that member" for "a member" near the middle, and inserted "member" near the middle. Session Laws 2013-284, s. 1(a), effective July 1, 2013, substituted "firefighter" for "fireman" throughout the section; in subdivisions (2) and (3), substituted "or her surviving spouse" and "surviving spouse" for "widow" throughout, and added "or her" following "his" or "him" throughout; substituted "the firefighter or rescue squad worker" for "him" in subsection (a); and, in subdivision (4), deleted "with five or more years of contributing service and" following "Any member" in the first sentence, and rewrote the present second sentence. Session Laws 2016-108, s. 1(c), effective July 1, 2018, in subdivisions (2) and (3), substituted "dies, except if the individuals is killed in the line of duty" for "dies" and "to the person or persons designated by the member, or if the member has not designated a beneficiary, to the surviving spouse of the deceased member, or if not survived by the designated beneficiary or spouse, to the deceased member's legal representative" for "to his or her surviving spouse, or if there be no surviving spouse, to the person responsible for his or her child or children, or if there be no surviving spouse or children, then to his or her heirs at law as may be determined by the board or to his or her estate, if it is administered and there are no heirs." See editor's note for applicability.