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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 37 Short Title:
37 Feb 3, 2025 SESSION 2025 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH40038-MRp-20 Short Title:
Representative Howard.
Representatives Howard, N.
Jackson, Huneycutt, and Scott (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO ENHANCE BENEFITS AND REPRESENTATION FOR NORTH CAROLINA FIREFIGHTERS AND RESCUE SQUAD WORKERS.
Rules, Calendar, and Operations of the House February 4, 2025 A BILL TO BE ENTITLED AN ACT TO ENHANCE BENEFITS AND REPRESENTATION FOR NORTH CAROLINA FIREFIGHTERS AND RESCUE SQUAD WORKERS.
58-86-30, this Article, andwhohas attainedtheage of55yearsis entitled to be paid a monthly pension from this fund.
58-86-30, this Article,andwhohas attainedtheage of55 yearsis entitled to be paid a monthly pension from this fund.
(c) 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-five dollars ($175.00) per month a monthly pension benefitunderthis section beginningthefirst month afterthemember's fifty-fifth birthday.
(c) 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 disabilityshall be entitled to be paid from the fund a monthly benefit in an amount of one hundred seventy-five dollars ($175.00) per month a monthlypension benefit underthis section beginningthefirst month afterthemember's fifty-fifth birthday.
All applications for disability are subject to the approval of the board who Board, and theBoardmayappoint physicians to examineand evaluatethedisabled memberpriorto approval of the application, and annually thereafter.
All applications for disability are subject to the approval of the board who Board, and theBoardmayappoint physicians to examineand evaluatethedisabledmemberpriorto approval of the application, and annually thereafter.
58-86-41 shall not apply to a disabled membershall not berequired to makethemonthly payment offifteen dollars ($15.00)as required by G.S.
58-86-41 shall not apply to a disabled membershall not berequired to makethemonthlypayment offifteendollars ($15.00)as required by G.S.
(d) A member who is totally and permanently disabled for any cause, cause other than line of duty, those under subsection (c) of this section and 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, *DRH40038-MRp-20* General Assembly Of North Carolina Session 2025 Pension Fund may be permitted to continue making a monthly contribution of fifteen dollars ($15.00) in the amount required under G.S.
(d) A member who is totally and permanently disabled for any cause, cause other than line of duty, those under subsection (c) of this section and who leaves the fire or rescue squad *H37-v-1* General Assembly Of North Carolina Session 2025 service because of this disability and who has at least 10 years of service with the pension fund, Pension Fund may be permitted to continue making a monthly contribution of fifteen dollars ($15.00) in the amount required under G.S.
The Upon attaining the age of 55, that member shall upon attaining theageof 55 years be entitledto receivea monthly pension as providedby benefit under this section.
The Upon attainingthe age of 55, that member shall upon attainingthe ageof 55 years be entitledto receivea monthlypension as provided bybenefit under this section.
If the member became a member prior to July 1, 2018, and had not designated a principal beneficiary prior to being killed in the line of duty, there shall be paid to the member's living spouse upon the spouse's application to the Board, an amount of one hundred seventy-five dollars ($175.00)permonththemonthlypensionbenefit amountbeginningthemonth following the member's month of death, payable until the spouse's death.
If the member became a member prior to July1, 2018, and had not designated a principal beneficiary prior to being killed in the line of duty, there shall be paid to the member's living spouse upon the spouse's application to the Board, an amount of one hundred seventy-five dollars ($175.00)permonththemonthlypensionbenefit amount beginningthemonth following the member's month of death, payable until the spouse's death.
(3) If the member had not yet begun receiving a monthly pension benefit under this section prior to being killed in the line of duty, then there shall be paid to themember's principalbeneficiary,ifonly oneprincipal beneficiaryis eligible and has not accepted a return of contributions, an amount of one hundred seventy-five dollars ($175.00) per month the monthly pension benefit amount 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.
(3) If the member had not yet begun receiving a monthly pension benefit under this section prior to being killed in the line of duty, then there shall be paid to themember's principalbeneficiary,ifonlyoneprincipalbeneficiaryis eligible and has not accepted a return of contributions, an amount of one hundred seventy-five dollars ($175.00) per month the monthly pension benefit amount 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 became a member prior to July 1, 2018, and had not designated a principal beneficiary prior to being killed in the line of duty, then there shall be paid to the member's living spouse upon the spouse's application to the Board, an amount of one hundred seventy-five dollars ($175.00) per month themonthly pension benefit amount beginningthe monthfollowing themonth the member would have attained age 55, or if the member had attained age 55, beginning the month following the member's month of death, payable until the spouse's death.
If the member became a member prior to July1, 2018, and had not designated a principal beneficiaryprior to being killed in the line of duty, then there shall be paid to the member's living spouse upon the spouse's application to the Board, an amount of one hundred seventy-five dollars ($175.00) per month themonthlypension benefit amount beginningthe monthfollowingthemonth the member would have attained age 55, or if the member had attained age 55, beginning the month following the member's month of death, payable until the spouse's death.
(4) If the member had not yet begun receiving a monthly pension benefit under this section prior to being killed in the line of duty and the beneficiary is not payable as described in subdivision (3) of this subsection, then 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.
(4) If the member had not yet begun receiving a monthly pension benefit under this section prior to being killed in the line of duty and the beneficiary is not payable as described in subdivision (3) of this subsection, then a lump sum payment equal to the member's contributions will be paid to the eligible Page 2 House Bill 37-First Edition General Assembly Of North Carolina Session 2025 beneficiaries, or if there are no eligible beneficiaries, a return of the contributions shall be paid to the member's estate.
Page 2 DRH40038-MRp-20 General Assembly Of North Carolina Session 2025 A beneficiary under this subsection shall not be required to make the monthly payment of fifteen dollars ($15.00) as required by G.S.
A beneficiary under this subsection shall not be required to make the monthly payment of fifteen dollars ($15.00) as required by G.S.
(e) A member who, because the If a member has at least 10 years of service with the Pension Fund and that member's (i)residenceis annexed by acityunderPart 2 orPart3ofArticle 4A of Chapter 160A of the General Statutes, or whose (ii) 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 (iii) volunteer department is taken over by a city or county, and because of such the annexation or takeover the member 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 then the member shall be permitted to continue making a monthly contribution of fifteen dollars ($15.00) in the amount required under G.S.
(e) A member who, because the If a member has at least 10 years of service with the Pension Fund and that member's (i)residenceis annexedbyacityunderPart 2 orPart3ofArticle 4A of Chapter 160A of the General Statutes, or whose (ii) department is closed because of an annexation bya cityunder Part 2 or Part 3 of Article 4A of Chapter 160A of the General Statutes, or whose (iii) volunteer department is taken over by a city or county, and because of such the annexation or takeover the member 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 then the member shall be permitted to continue making a monthly contribution of fifteen dollars ($15.00) in the amount required under G.S.
Any applicationto make monthly contributions underthis sectionshall be subject to a finding of eligibility by the Board of Trustees upon application of the member.
Anyapplicationto make monthlycontributions underthis sectionshall be subject to a finding of eligibility by the Board of Trustees upon application of the member.
The monthly payments shall be credited to the separate account of the member and shall be kept by the custodian so it is available for payment on withdrawal from membership or retirement.
The monthly payments shall be credited to the separate account of the House Bill 37-First Edition Page 3 General Assembly Of North Carolina Session 2025 member and shall be kept by the custodian so it is available for payment on withdrawal from membership or retirement.
DRH40038-MRp-20 Page 3 General Assembly Of North Carolina Session 2025 (b) A member may elect to terminate membership in the fund Pension Fund at any time and request the refund of payments previously made to the fund.
(b) A member may elect to terminate membership in the fund Pension Fund at any time and request the refund of payments previously made to the fund.
58-86-30 may apply to the board for membership.
58-86-30 mayapplyto the board for membership.
(a1) Any firefighter or rescue squad worker who is 35 years of age or older and who is a current or former member of a fire department or rescue squad chartered by the State of North Carolinamaypurchasecredit foranyperiodsofserviceto anychartered fire department orrescue squad not otherwise creditable by making a lump sum payment to the Annuity Savings Fund equal to the full liability of the service credits calculated on the basis of the assumptions used for purposes of the actuarial valuation of the system's liabilities, which payment shall take into account the retirement allowance arising on account of the additional service credit commencing at the earliest age at which the member could retire on a retirement allowance, as determined by the board of trustees upon the advice of the consulting actuary, plus an administrative fee to be set by the board of trustees.
(a1) Any firefighter or rescue squad worker who is 35 years of age or older and who is a current or former member of a fire department or rescue squad chartered by the State of North Carolinamaypurchasecredit foranyperiodsofserviceto anycharteredfire department orrescue squad not otherwise creditable by making a lump sum payment to the Annuity Savings Fund equal to the full liability of the service credits calculated on the basis of the assumptions used for purposes of the actuarial valuation of the system's liabilities, which payment shall take into account the retirement allowance arising on account of the additional service credit commencing at the earliest age at which the member could retire on a retirement allowance, as determined by the board of trustees upon the advice of the consulting actuary, plus an administrative fee to be set by the board of trustees.
(c) A member of the Pension Fund who is not yet 35 years old may receive credit for the prior service upon making a lump sum payment of fifteen dollars ($15.00) in the amount required under G.S.
Page 4 House Bill 37-First Edition General Assembly Of North Carolina Session 2025 (c) A member of the Pension Fund who is not yet 35 years old may receive credit for the prior service upon making a lump sum payment of fifteen dollars ($15.00) in the amount required under G.S.
58-86-41 at the time of the payment for each month since the worker first became Page 4 DRH40038-MRp-20 General Assembly Of North Carolina Session 2025 eligible, plus interest at an annual rate to be set by the Board for each year of retroactive payments.
58-86-41 at the time of the payment for each month since the worker first became eligible, plus interest at an annual rate to be set by the Board for each year of retroactive payments.
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House Bill 37-First Edition Page 5 General Assembly Of North Carolina Session 2025 j.
DRH40038-MRp-20 Page 5 General Assembly Of North Carolina Session 2025 k1.
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Instead, the Secretary of Health and Human Services shall appoint one representative of the North Carolina State Firefighters' Association to the Council in accordance with G.S.
Instead, the Secretaryof Health and Human Services shall appoint one representative of the North Carolina State Firefighters' Association to the Council in accordance with G.S.
Page 6 DRH40038-MRp-20
Page 6 House Bill 37-First Edition
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