GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 429
AN ACT TO ALLOW ADDITIONAL RETROACTIVE MEMBERSHIP IN THE NORTH CAROLINA FIREMEN'S AND RESCUE SQUAD WORKERS' PENSION FUND.
The General Assembly of North Carolina enacts:
Section 1. G.S. 58-86-45 reads as rewritten:
"§ 58-86-45. Additional retroactive membership.
(a) Any fireman or rescue
squad worker who is now eligible and is a member of a fire department or rescue
squad chartered by the State of North Carolina and who has not previously
elected to become a member may make application through the board of trustees
for membership in the fund on or before March 31, 1987. The person shall
make a lump sum payment of five dollars ($5.00) per month retroactively to the
time he first became eligible to become a member, plus interest at an annual
rate of eight percent (8%), for each year of his retroactive payments.
Upon making the lump sum payment, the person shall be given credit for all
prior service in the same manner as if he had made application for membership
at the time he first became eligible. Any member who made application for
membership subsequent to the time he was first eligible and did not receive
credit for prior service may receive credit for this prior service upon lump
sum payment of five dollars ($5.00) per month retroactively to the time he
first became eligible, plus interest at an annual rate of eight percent (8%),
for each year of his retroactive payments. Upon making this lump sum
payment, the date of membership shall be the same as if he had made application
for membership at the time he was first eligible. Any fireman or rescue
squad worker who has applied for prior service under this subsection shall have
until October 1, 1989, to pay for this prior service and, if this payment is
not made by October 1, 1989, he shall not receive credit for this service. service,
except as provided in subsection (a1) of this section.
(a1) Effective July 1, 1993, any fireman or rescue squad worker who is a current or former member of a fire department or rescue squad chartered by the State of North Carolina may purchase credit for any periods of service to any chartered fire department or rescue 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.
(b) Effective April 1,
1987, any fireman or rescue squad worker who has not reached his thirty-fifth
birthday who is eligible and who has not previously elected to become a member
may make application through the board of trustees for membership in the fund
at any time. The person shall make a lump sum payment of five dollars
($5.00) per month retroactively to the time he first became eligible to become
a member, plus interest at an annual rate to be set by the board of trustees,
for each year of his retroactive payments. Upon making this lump sum
payment, the person shall be given credit for all prior service in the same
manner as if he had made application for membership at the time he first became
eligible. Any member who has not reached his thirty-fifth birthday who
made application for membership subsequent to the time he was first eligible
and did not receive credit for prior service may receive credit for such prior
service upon lump sum payment of five dollars ($5.00) per month retroactively
to the time he first became eligible, plus interest at an annual rate to be set
by the board of trustees, for each year of his retroactive payments. Upon
making this lump sum payment, the date of membership shall be the same as if he
had made application for membership at the time he was first eligible. Any
fireman or rescue squad worker who applies for prior service under this
subsection shall have six months from the date of his application to pay for
this prior service and if the payment is not made within that time he shall not
receive credit for the prior service."
Sec. 2. This act becomes effective July 1, 1993.
In the General Assembly read three times and ratified this the 22nd day of July, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives