NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1155

HOUSE BILL 1549

 

AN ACT TO ESTABLISH A SUPPLEMENTARY PENSION FUND FOR FIREMEN IN THE CITY OF SANFORD.

 

The General Assembly of North Carolina do enact:

 

Section 1.  There is hereby established a Supplementary Pension Fund for the Fire Department of the City of Sanford, said fund to be known as the "Sanford Firemen's Supplementary Fund", hereinafter referred to as "Supplementary Pension Fund", and said fund to be administered by a board of trustees composed of the City Treasurer of the City of Sanford, the Assistant Chief of the Fire Department of the City of Sanford, and a third member of said board to be elected annually from the membership of the Sanford Fire Department by a majority vote of the chief and members of the fire department.

Sec. 2.  That all funds in the Firemen's Relief Fund of the City of Sanford in excess of five hundred dollars ($500.00) shall be transferred to the "Supplementary Pension Fund" so as to leave in the Firemen's Relief Fund an amount not greater than five hundred dollars ($500.00) at any time.

Sec. 3.  Any person who is a member of the Sanford Fire Department, as shown by the records of the City of Sanford at the time of the ratification of this act, or any person who shall become such a member, shall be eligible for benefits from the "Supplementary Pension Fund" unless or until such person has been retired as a member of the Sanford Fire Department under the provisions of the retirement system for counties, cities, and towns as set out in Article 3 of Chapter 128 of the General Statutes of North Carolina and as participated in by the City of Sanford.  It is further provided that this act does not modify or alter in any way the Workmen's Compensation Laws of the State of North Carolina.

Sec. 4.  Any member who has served 30 years as a fireman in the Sanford Fire Department and has attained age 55 years shall be entitled to receive from "Supplementary Pension Fund".  Said monthly pension shall be in the amount of $25.00 per month or less as below set forth providing that those members retiring after the age of 55 and before attaining age 60 may elect to receive the reduced amount.

 

Retirement Age               Amount                                         Retirement Age         Amount

          55                           $18.00                                                      58                    $22.00

          56                           $19.00                                                      59                    $23.00

          57                           $20.00                                                      60                    $25.00

Receive at age 60, $25.00. Add $1.00 per month for each year

service after age 60 through age 65. Maximum, $30.00.

Sec. 5.  The City Treasurer of the City of Sanford, as a member of the Board of Trustees of the "Supplementary Pension Fund", shall be treasurer and custodian of the said fund and shall pay the beneficiaries thereof on the first day of each and every month any moneys in his possession that such beneficiaries may be entitled to under the provisions of this act.

Sec. 6.  The City Treasurer of the City of Sanford as custodian of the "Supplementary Pension Fund" shall be required to give a bond with an indemnity company authorized to do business in the State of North Carolina as surety in a sum equal to one and one-quarter times the maximum amount estimated by the board of trustees as likely to be in his possession as such custodian at any time within the fiscal year for which the bond is given.  The condition of said bond shall be that said custodian shall faithfully receive, keep, disburse, and account for, as herein provided, all funds and property coming into his hands as such custodian, and the premiums on said bond shall be paid out of the "Supplementary Pension Fund."

Sec. 7.  The said custodian of said "Supplementary Pension Fund" is authorized and directed to invest all moneys coming into his possession belonging to said "Supplementary Pension Fund", except so much as the board of trustees from time to time determines is reasonably necessary for the prompt payment of claims and expenses, in such securities as the board of trustees shall select:  Provided, however, that such securities shall be limited to, and upon, the same conditions as those enumerated by the General Statutes of North Carolina, as amended, as to the investment of trust funds, and, or, the funds of guardians.

Sec. 8. The board of trustees as herein provided for may, in its discretion, take and receive any gift, grant, bequest, or devise or any real or personal property or other things of value for, and as, the property of the said "Supplementary Pension Fund" and hold and disburse and invest the same for the use of said fund in accordance with the purpose of this act and the conditions attached to any such gift, grant, bequest, or devise.

Sec. 9.  The provisions of Chapter 118 of the General Statutes of North Carolina creating a Firemen's Relief Fund are repealed as to the City of Sanford insofar and only insofar as said provisions are inconsistent with and contradictory to the provisions of this act.

Sec. 10.  All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 11.  This act shall be in full force and effect from and after its ratification. 

In the General Assembly read three times and ratified, this the 21st day of July, 1971.