FIRE, RESCUE, & SAFETY WORKER SYSTEM CHANGES (NEW).

View NCGA Bill Details2015-2016 Session
Senate Bill 99 (Public) Filed Thursday, February 19, 2015
AN ACT TO ESTABLISH A DEFINITION OF FIREFIGHTER FOR PURPOSES OF THE LOCAL FIREFIGHTERS' RELIEF FUND, THE STATEWIDE FIREFIGHTERS' RELIEF FUND, THE STATE FIRE PROTECTION GRANT FUND, VOLUNTEER SAFETY WORKERS ASSISTANCE, AND THE RESCUE SQUAD WORKERS' RELIEF FUND; TO AMEND THE PROCESS FOR FILING CERTIFIED ROSTERS WITH THE NORTH CAROLINA STATE FIREMEN'S ASSOCIATION AND THE NORTH CAROLINA ASSOCIATION OF RESCUE AND EMERGENCY MEDICAL SERVICES, INC.: TO AMEND THE RESCUE SQUAD WORKERS' RELIEF FUND; TO AMEND THE LAW-ENFORCEMENT OFFICERS', FIREMEN'S, RESCUE SQUAD WORKERS' AND CIVIL AIR PATROL MEMBERS' DEATH BENEFITS ACT; AND TO SPECIFY LOCAL GOVERNMENT AUTHORITY AS IT PERTAINS TO A FIRE DEPARTMENT BOARD AND PARTICIPATION IN THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM.
Intro. by Meredith, Daniel, Newton.

Status: Ch. SL 2015-88 (Senate Action) (Jun 19 2015)

SOG comments (1):

Long and Short Title Change

Senate committee substitute to the 1st edition makes changes to the short and long titles. The original titles are as follows:

DEFINITION OF FIREFIGHTER

AN ACT TO ESTABLISH A DEFINITION OF FIREFIGHTER FOR PURPOSES OF THE FIREFIGHTERS' AND RESCUE SQUAD WORKERS' PENSION FUND, FIREFIGHTER RELIEF FUNDS, AND FIREFIGHTERS' DEATH BENEFITS AND TO AMEND THE PROCESS FOR FILING CERTIFIED ROSTERS WITH THE NORTH CAROLINA STATE FIREMEN'S ASSOCIATION.

S 99/S.L. 2015-88

Bill Summaries:

  • Summary date: Jun 22 2015 - More information

    AN ACT TO ESTABLISH A DEFINITION OF FIREFIGHTER FOR PURPOSES OF THE LOCAL FIREFIGHTERS' RELIEF FUND, THE STATEWIDE FIREFIGHTERS' RELIEF FUND, THE STATE FIRE PROTECTION GRANT FUND, VOLUNTEER SAFETY WORKERS ASSISTANCE, AND THE RESCUE SQUAD WORKERS' RELIEF FUND; TO AMEND THE PROCESS FOR FILING CERTIFIED ROSTERS WITH THE NORTH CAROLINA STATE FIREMEN'S ASSOCIATION AND THE NORTH CAROLINA ASSOCIATION OF RESCUE AND EMERGENCY MEDICAL SERVICES, INC.: TO AMEND THE RESCUE SQUAD WORKERS' RELIEF FUND; TO AMEND THE LAW-ENFORCEMENT OFFICERS', FIREMEN'S, RESCUE SQUAD WORKERS' AND CIVIL AIR PATROL MEMBERS' DEATH BENEFITS ACT; AND TO SPECIFY LOCAL GOVERNMENT AUTHORITY AS IT PERTAINS TO A FIRE DEPARTMENT BOARD AND PARTICIPATION IN THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM. Enacted June 19, 2015. Effective July 1, 2015.


  • Summary date: Apr 27 2015 - More information

    Senate amendment makes the following changes to the 2nd edition:

    Amends GS 58-86-10, adding language that provides that if any change or error due to the submission of incorrect information results in any member or beneficiary receiving more or less from the Retirement System than he or she would have been entitled to receive had the member or beneficiary’s records been correct, the Board of Trustees will correct the error and to the extent practicable, will adjust the payment in such a manner that the actuarial equivalent of the benefit to which the member or beneficiary was correctly entitled will be paid.


  • Summary date: Apr 23 2015 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Amends GS 58-84-5 to clarify that the definitions in this section apply in Articles 84, 85, 85A, 87, and 88 of GS Chapter 58. Amends the definition of fire districtto include any federally recognized Native American tribe within the state that meets conditions as specified in GS 58-84-5(3).

    Deletes change to the definition of eligible firefighterin GS 58-86-2, which provided that the term means all persons meeting the requirements in GS 58-86-5(3a) as enacted in this act.

    Amends GS 58-86-10, which authorizes the Board of Trustees of the North Carolina Local Government Employees' Retirement System (Board of Trustees) to administer the Firefighters' and Rescue Squad Workers' Pension Fund (Pension Fund). Provides that if any change or error due to the submission of fraudulent information results in any member or beneficiary receiving more or less from the Retirement System than he or she would have been entitled to receive had the member or beneficiary's records been correct, the Board of Trustees will correct the error, and to the extent practicable, will adjust the payment in such a manner that the actuarial equivalent of the benefit to which the member or beneficiary was correctly entitled will be paid.

    Amends GS 58-86-25, Determination and certification of eligible firefighters, and GS 58-86-30, Determination and certification of eligible rescue squad worker, to clarify that each eligible fire department and rescue or emergency medical services squad must annually report (was, amended to file in 1st edition) a certified roster of the names of those individuals meeting eligibility qualifications and submit the list to the NC State Firemen's Association or NC Association of Rescue and Emergency Medical Service Inc. Declares that submission constitutes a certification of its accuracy under accounting standards set forth by the Governmental Accounting Standards Board of the Financial Accounting Foundation. Reinstates language defining the governing body of a fire department.

    Amends GS 58-88-5 to add "legal guardian or legal guardians" to the requirement that the parent or parents must maintain active membership in the rescue or EMS service for the continuation of child educational benefits.

    Amends GS 58-88-10 regarding membership eligibility for the fund by members of the North Carolina Association of Rescue and Emergency Medical Services Inc. (Association) to specify that the required 36 hours consist of training sessions only and not training and meetings.

    Amends GS 58-88-25 to increase the amount of time to 180 days (was, 30 days) that the chief or chief officer of the local department has to notify the Secretary-Treasurer that the person applying for benefits is a member of the fund and request that the necessary forms be submitted for benefits.

    Amends GS 143-166.2 (Definitions) to delete each occurrence offiremanand replace it withfirefighter.Provides that the termfiremenmeans bothfirefighterorfiremenas defined in GS 58-84-5(3a) (was, as defined in GS 58-84-5(5)). Amends the definition forspouseto remove the requirement that surviving spouses prove that they have remained unmarried during the time after the death of the member while the benefits are forthcoming in order to remain eligible to receive a benefit derived from a deceased's service.

    Amends GS 143-166.3(b) to make the full $50,000 benefit payable after certification of the death instead of spreading the payments over four years.

    Requires the charter or articles of incorporation of fire departments to include a provision allowing the local government unit with which they have their largest service contract to remove 50% plus one member of the fire department's governing board in order for the department to participate in the Local Governmental Employees' Retirement System after October 1, 2015. Provides that this section only applies to fire departments that began participation in the Local Governmental Employees' Retirement System between 1977 and 1992 pursuant to GS Chapter 316 of the Session Laws of 1977 and have contracts to provide fire protection to a city, county, or instrumentality of the state.

    Changes the short and long titles of this bill to reflect the amended bill content.


  • Summary date: Feb 19 2015 - More information

    Amends GS 58-84-5, concerning Local Firefighters' Relief Funds, to define firefighter or fireman as any person meeting the following: (1) is a volunteer, employee , contractor, or member of a rated and certified fire department; (2) performs work or training connected with fire protection, fire prevention, fire control, fire education, fire inspection, fire department support services, or performs the specified duties of a fire chief; (3) performs work or training at the direction of a fire chief; and (4) is included on the certified roster submitted to the NC State Firemen's Association.

    Makes conforming changes referencing the above definition of firefighter or fireman in GS 58-86-2, definitions for the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund, and GS 143-166.2(d), definitions for the Law-Enforcement Officers', Firemen's, Rescue Squad Workers', and Civil Air Patrol Members' Death Benefits Act. 

    Amends GS 58-86-25, Determination and certification of eligible firefighters, providing that each eligible fire department must annually determine and file a certified roster of the names of those firefighters meeting the eligibility qualifications with the NC State Firemen's Association (previously, required the fire departments to determine and report names of qualified firefighters to its respective governing body, which would then certify the validity and accuracy of the qualification and certify the list to the NC State Firemen's Association). Makes conforming deletions. 

    Effective July 1, 2015. 


Printer-friendly: Click to view