GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-323
HOUSE BILL 474
AN ACT to amend the emergency pension fund for law enforcement officers in mecklenburg county.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 709 of the 1965 Session Laws and Chapter 305 of the 1967 Session Laws are repealed.
SECTION 2. Chapter 446 of the Public-Local Laws of 1931, as amended by Section 28.26 of Chapter 18 of the 1996 Second Extra Session, reads as rewritten:
"Section 1. This act shall be known and may be cited as
"The Emergency and Pension Fund for Sworn Law Enforcement
Officers of Mecklenburg County", and County." This act
shall apply to all law enforcement officers except as otherwise provided
herein sworn law enforcement officers employed by any city, county, or
town law enforcement agency in Mecklenburg County engaged in the
enforcement of the criminal laws of the State of North Carolina within the
County of Mecklenburg. Mecklenburg who are killed or permanently injured
while in the discharge of their official duties.
Sec. 2. "Law enforcement officers" shall be deemed
to include all State-certified sworn peace officers employed in 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 preservation of perfect order, the
protection of life and property property, and the detection and
prevention of crime and such special or part-time peace officers as may be
killed or permanently injured while in the actual discharge of official duties
as such officers: Provided, such officers, in order to share in the benefits
provided for in this act, shall register with the Officers Relief board
provided for on blanks to be furnished for that purpose and in a manner to be
prescribed by said board giving such information as to the duty of employment,
etc., that may be prescribed by said board.crime. "Law enforcement
officers" shall also be deemed to include any reserve officer of an agency
of Mecklenburg County and any detention officer employed by the Sheriff of
Mecklenburg County.
Sec. 3. That the Mayor of the City of Charlotte, the
Chief of Police of the City of Charlotte, Charlotte-Mecklenburg
Police Department, the Chairman of the Mecklenburg County Board of
Commissioners, the Sheriff of Mecklenburg County, the Chief of Rural Police or
their designees, and their successors in office be and they are hereby
constituted members ex officio of a board to be known as "The Officers
Relief Board of Mecklenburg County", "The Emergency Pension
Fund for Sworn Law Enforcement Officers of Mecklenburg County", to
administer the provisions of this act and said board shall elect its own
chairman and appoint an officer of the Board to be known as "Commissioner
of the Emergency Pension Fund for Sworn Law Enforcement Officers
of the County of Mecklenburg", Mecklenburg County", who
shall also act as Secretary and Treasurer of the Board and shall act under the
instructions of the Board in all matters pertaining to the administration of
this act. And the Board shall require the Secretary and Treasurer to give good
and sufficient bond, the amount to be determined in the discretion of the
Board, for the proper performance of his duties as such. The premium of said
bond shall be paid out of the fund herein provided for. Each ex officio
member of the board may appoint an employee of the member's agency to act as
the member's designee. The designee shall have the authority to cast a binding
vote on behalf of the ex officio member.
Sec. 4. That in order to provide funds for "The
Emergency Pension Fund of the County of Mecklenburg" herein set out, there
shall be taxed in the bill of costs in all criminal cases in any Court other
than that of Justice of Peace wherein there is a conviction or a plea of
guilty, a fee of one ($1.00) dollar to be known as "The Emergency and
Pension Fee" and the same shall be collected by the Clerk of the City
Recorder's Court, the Clerk of the County Recorder's Court and the Clerk of the
Superior Court and shall be paid to the Treasurer of the "Officers Relief
Board of Mecklenburg County" or in cases of appeal from said City
Recorder's Court or County Recorder's Court to the Superior Court, the Clerk of
the Superior Court shall collect said fees and pay the same to the Treasurer of
the "Officers Relief Board of Mecklenburg County." All money
collected by the Clerk of the City Recorder's Court, Clerk of the County
Recorder's Court shall be paid over to the Treasurer of the "Officers
Relief Board of Mecklenburg County" once each week and all of said money
collected by the Clerk of the Superior Court shall be paid over to the
Treasurer of the "Officers Relief Board of Mecklenburg County" on the
first day of each and every month and they shall accompany such remittance with
a detailed and itemized statement of the cases in which said funds have been
collected, the blank forms for said statement shall be furnished by the
"Officers Relief Board of Mecklenburg County" herein provided for. In
all cases where the defendant is committed to the roads, the fee herein
provided shall not be charged against said defendant where said defendant
serves the sentence imposed by the Court and it is further provided that the
one dollar ($1.00) fee hereinbefore set out shall not be collected in cases of
conviction or plea of guilty for the violation of the traffic or highway laws
by use of a motor vehicle where the punishment provided by the Statute is not
in excess of fifty dollars ($50.00) fine or thirty days (30) imprisonment; the
said fee shall be collected in all other cases for violation of said laws where
the punishment fixed by the Statute is in excess of the penalties herein before
mentioned; Provided further, that where the defendant is convicted on more than
one charge, the fee hereinbefore provided for shall only be taxed in the cost
in one conviction.
Sec. 5. The funds accumulated under this act shall be
known as the "Emergency and "The Emergency Pension Fund
of the County of Mecklenburg", for Sworn Law Enforcement
Officers of Mecklenburg County", and shall be used as a fund for all arresting
law enforcement officers, as defined in Section 2 of this act, and their
families.If an officer while in the actual performance of that officer's duties
is killed, the board may pay any amount up to a maximum of ten thousand dollars
($10,000) as a death benefit to the surviving spouse of the deceased officer.
If the officer is not married at the time of death, the board may pay any
amount up to a maximum of ten thousand dollars ($10,000) to the nearest
dependent next of kin of the deceased. It is further the true intent, meaning,
and purpose of this act that the board may pay any amount less than the amount
specified, and the board may refuse to make a payment of any amount in any case
in any or all of the classes enumerated in this act. Further, the board may use
monies from the fund to award scholarships to dependent children of officers
who are either killed while in the performance of their duties or who are
rendered totally disabled as a result of an injury received while in the
performance of their duties. The maximum scholarship amount shall be two
thousand five hundred dollars ($2,500) per child. 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) 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). 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). In any event, a temporarily or permanently physically disabled law enforcement officer shall not receive more than that ten thousand dollars ($10,000).
(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). 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.
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 ($50.00) dollars 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.
Sec. 7. Any person or officer of Court covered by
the provisions of this act who shall fail to comply with the provisions of this
act and make proper accounting and remittance to the Treasurer designated by
the Board, or to the Secretary, funds collected under and by virtue of this
act, as provided herein, shall be guilty of a misdemeanor, and, upon
conviction, shall be fined or imprisoned, in the discretion of the Court.
Sec. 8. All laws and clauses of laws in conflict with this act are hereby repealed, and if any section hereof be decided by the Courts to be unconstitutional or invalid, the same shall not affect the validity of this act as a whole or any part thereof, other than the part decided to be unconstitutional or invalid.
Sec. 9. This act shall be in force and effect from and after the first day of June, one thousand nine hundred and thirty-one, but disbursement of funds in accordance with the act, except for necessary expenses of administration, and organization, shall not commence until the first day of December, one thousand nine hundred and thirty-one."
SECTION 3. This act becomes effective July 1, 2003.
In the General Assembly read three times and ratified this the 16th day of July, 2003.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Richard T. Morgan
Speaker of the House of Representatives