GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2010-8
HOUSE BILL 1935
AN ACT to raise the ceiling for benefits and to add a stipend for minor children under the emergency pension fund for sworn law enforcement officers of mecklenburg county.
The General Assembly of North Carolina enacts:
SECTION 1. Sections 2, 5, and 6 of Chapter 446 of the Public-Local Laws of 1931, as amended by Section 28.26 of Chapter 18 of the Session Laws of the 1996 Second Extra Session, and as rewritten by S.L. 2003-323, read as rewritten:
"Sec. 2. "Law
enforcement officers" shall be deemed to include all State-certified sworn
peace officers employed in by any city, county, or town law
enforcement agency in Mecklenburg County who are required by the terms of their
employment to give their full time to the enforcement of laws, the protection
of life and property, and the detection and prevention of crime.
"Law enforcement officers" shall also be deemed to include any
reserve officer of an agency of in Mecklenburg County and any
detention officer employed by the Sheriff of Mecklenburg County.
"Sec. 5. The funds accumulated under this act shall be known as "The Emergency Pension Fund for Sworn Law Enforcement Officers of Mecklenburg County", and shall be used as a fund for all law enforcement officers, as defined in Section 2 of this act, and their families, under the following terms and conditions:
(1)
If a law enforcement officer is killed while in the actual performance of the
officer's duties, then the Board may pay from the Fund the amount of ten
thousand dollars ($10,000) twenty-five thousand dollars ($25,000) as
a death benefit to the surviving spouse of the deceased officer. If the law
enforcement officer is not married at the time of death, the Board may pay the
death benefit to the nearest dependent next of kin of the deceased.
(2)
If the law enforcement officer is permanently and totally physically disabled
due to a physical injury received in the actual performance of the officer's
duties, then the Board may pay from the Fund to the law enforcement officer the
amount of ten thousand dollars ($10,000). twenty-five thousand
dollars ($25,000). In the event the law enforcement officer is temporarily
and totally physically disabled due to a physical injury received in the
performance of the officer's duties, then the Board may pay from the Fund to
the law enforcement officer a disability supplement of five hundred dollars
($500.00) a month during the time that the officer is temporarily and totally
disabled up to a maximum of ten thousand dollars ($10,000). twenty-five
thousand dollars ($25,000). In any event, a temporarily or permanently
physically disabled law enforcement officer shall not receive more than ten
thousand dollars ($10,000).twenty-five thousand dollars ($25,000).
(3)
If a law enforcement officer is killed while in the actual performance of the
officer's duties or is permanently and totally disabled, then the Board may
award college scholarships to the officer's children up to a maximum amount of ten
thousand dollars ($10,000).twenty-five thousand dollars ($25,000).
Such scholarships may be awarded if the child is between the ages of 17 and 22
and has been accepted or is attending a fully accredited college or university.
(4) If a law enforcement officer is killed while in the actual performance of the officer's duties, and that officer is the parent or legal guardian of a minor child, then the Board may pay a one-hundred-dollar ($100.00) stipend each year to each minor child on that child's birthday until each minor child reaches 18 years of age.
"Sec. 6. The Board
created under the provisions of this act shall serve without compensation. The
Secretary and Treasurer of said Board shall receive such compensation as may be
provided by the Board not to exceed the sum of fifty dollars ($50.00) per
month, and the said Board shall have full power and authority to pay all
expenses for administering this act including the purchase of supplies, legal
advice, etc., out of the fund provided for herein. The Board shall have
authority to make such rules, regulations, and provisions as may be necessary
to the proper administration of this act. The Board may retain an investment
firm to manage the Fund and upon a unanimous vote of the Board may increase
the amount of the maximum lump sum payments by up to ten percent (10%) once
every five years.Fund."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 21st day of June, 2010.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives