INCREASE & EXPAND PUBLIC SAFETY DEATH BENEFIT.

Printer-friendly: Click to view
View NCGA Bill Details2017-2018 Session
House Bill 966 (Public) Filed Thursday, May 17, 2018
AN ACT TO INCREASE THE DEATH BENEFIT FOR LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, RESCUE SQUAD WORKERS, AND SENIOR CIVIL AIR PATROL MEMBERS WHO ARE KILLED IN THE LINE OF DUTY, TO EXTEND THIS DEATH BENEFIT TO CERTAIN NONCUSTODIAL EMPLOYEES OF THE DEPARTMENT OF PUBLIC SAFETY, AND TO MAKE TECHNICAL CHANGES TO RELATED STATUTES.
Intro. by Steinburg, K. Hall.

Status: Ref to the Com on Pensions and Retirement, if favorable, Appropriations (House Action) (May 21 2018)
H 966

Bill Summaries:

  • Summary date: May 17 2018 - View Summary

    Retitles Article 12A of GS Chapter 143 to Public Safety Employees' Death Benefits Act (Benefits Act; previously, Law Enforcement Officers', Firemen's, Rescue Squad Workers' and Civil Air Patrol Members' Death Benefits Act).

    Amends GS 143-166.1, extending the stated purpose of the Benefits Act to also include providing a system of benefits for dependents of noncustodial employees of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety (Division) killed by an individual or individuals in the custody of the Division.

    Adds new terms and modifies existing terms set forth in GS 143-166.2, containing the definitions applicable to Article 12A. Adds covered person  and defines the term to mean firefighters, law enforcement officers, noncustodial employees of the Division, rescue squad workers, and Senior Civil Air Patrol members. Adds the term custodial employee  and defines the term to mean an employee of the Division who is a detention or correctional officer or who otherwise has direct care and control over individuals in the custody of the Division. Adds the term noncustodial employee and defines the term to mean an employee of the Division who is not a custodial employee. Modifies firefighter to include county fire marshals when engaged in the performance of their county duties. Modifies killed in the line of duty to include the death of a noncustodial employee who, while performing his or her official duties, is killed in a manner reasonably determined by the Industrial Commission to be directly caused by (an) individual(s) in the custody of the Division, conforming to the amended purpose of Article 12A as set out above in GS 143-166.1. Modifies the term rescue squad worker to include (1) full-time employees of the Department of Insurance during the time they are training rescue squad workers and during the time they are engaged in activities as members of the State Emergency Response Team when the State Emergency Response Tram has been activated and (2) all otherwise eligible individuals who, while actively engaged as rescue squad workers, are acting in the capacity of a rescue instructor outside their own department or squad. Makes additional conforming, organizational, and technical changes to the statute.

    Amends GS 143-166.3, directing the Industrial Commission to pay $100,000 (was, $50,000) to one of the qualified individuals provided by the statute when a covered person is killed in the line of duty. Makes organizational changes.

    Amends GS 143-166.7, making the provisions of Article 12A applicable to noncustodial employees of the Division who are killed in the line of duty on or after April 1, 2017.

    Makes the language of Article 12A gender-neutral.

    Makes conforming changes to GS 15A-405(b)(2) and GS 58-86-2(9a), correcting statutory references to GS 143-166.2, as amended above.

    Appropriates to the Department of the State Treasurer $1.25 million in nonrecurring funds for the 2018-19 fiscal year and $1 million in recurring funds for the 2018-19 fiscal year.

    Effective retroactively to April 1, 2017, and applies to qualifying deaths occurring on or after that date.