Bill Text: NC S1402 | 2010 | Regular Session | Amended
Bill Title: Mecklenburg Law Enforcement Benefit Cap Upped
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-26 - Ref To Com On Pensions & Retirement & Aging [S1402 Detail]
Download: North_Carolina-2010-S1402-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S 1
SENATE BILL 1402*
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Short Title: Mecklenburg Law Enforcement Benefit Cap Upped. |
(Local) |
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Sponsors: |
Senator Graham. |
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Referred to: |
Pensions & Retirement & Aging. |
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May 26, 2010
A BILL TO BE ENTITLED
AN ACT to raise the ceiling for benefits 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. In the event a law enforcement officer is
killed in the line of duty and that officer is the parent or legal guardian of
minor children, then each minor child shall receive a one hundred dollar ($100.00)
stipend each year on the anniversary of the officer's death until the 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.
