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NC OSFM I Firefighter's Relief Fund - Fire/Rescue Grants & Relief Funds Page 3 of 4
<br />a fact that said fireman is unable to pay the said assessment by reason of disability. (5)
<br />To provide for benefits of supplemental retirement, workers compensation, and other
<br />insurance and pension protection for firemen otherwise qualifying for benefits from the
<br />Firefighter's Relief Fund as set forth in Article 85 of this Chapter. (6) To provide for
<br />educational benefits to firemen and their dependents who otherwise qualify for benefits
<br />from the Firefighter's Relief Fund as set forth in Article 85 of this Chapter.
<br />Notwithstanding any other provisions of law, no expenditures shall be made pursuant to
<br />subsections (5) and (6) of this section unless the State Firemen's Association has
<br />certified that such expenditures will not render the Fund actuarially unsound for the
<br />purposes of providing the benefits set forth in subsections (1), (2), and (4) of this
<br />section. If, for any reason, funds made available for subsections (5) and (6) of this
<br />section shall be insufficient to pay in full any benefits, the benefits pursuant to
<br />subsections (5) and (6) shall be reduced pro rata for as long as the amount of
<br />Insufficient funds exists. No claim shall accrue with respect to any amount by which a
<br />benefit under subsections (5) and (6) shall have been reduced. (1907, c. 831, s. 6;
<br />1919, c. 180; C.S., s. 6069; Ex. Sess. 1921, c. 55; 1923, c. 22; 1925, c. 41; 1945, c.
<br />74, s. 2; 1985, c. 666, s. 61; 1987, c. 174, ss. 2, 3; 1997 -456, s. 27.)
<br />§ 58- 84 -40. Trustees to keep account and file certified reports. (a)Each local
<br />board of trustees shall keep a correct account of all moneys received and disbursed by
<br />them. On a form prescribed by the North Carolina State Firemen's Association, each
<br />local board shall certify by October 31 of each year the following to the Association: the
<br />balance of the local fund, proof of sufficient bonding, a full accounting of the previous
<br />year's expenditures, and a full accounting of membership qualifications. Such
<br />certification shall be made concurrently with the local unit's statement of Fire Readiness.
<br />(b) In turn, the State Firemen's Association shall certify to the Department of Insurance
<br />by January 1 of each year on a form prescribed by the Department, the local units which
<br />have complied with the requirements of subsection (a) of this section. (c) In the event
<br />that any board of trustees in any of the towns and cities benefited by this Article shall
<br />neglect or fail to perform their duties, or shall willfully misappropriate the funds
<br />entrusted in their care by obligating or disbursing such funds for any purpose other than
<br />those set forth in G.S. 58 -84- 35, then the Insurance Commissioner shall withhold any
<br />and all further payments to such board of trustees, or their successors, until the matter
<br />has been fully Investigated by an official of the State Firemen's Association, and
<br />adjusted to the satisfaction of the Insurance Commissioner. (d) In the event that any
<br />local relief fund provided for in this Article becomes impaired, then the Firefighter's
<br />Relief Fund may in the discretion of its board of trustees assist the local unit
<br />administering the fund in providing for relief to injured firemen and their dependents or
<br />survivors; provided, however, that any funds so provided to such impaired units shall be
<br />repaid in full at the statutory rate of interest from future local unit receipts if the
<br />Impairment resulted from violations of this Article. (1907, c. 831, s. 7; C.S., s. 6070;
<br />1925, c. 41; 1985, c. 666, s. 63.)
<br />§ 58- 84 -45: Repealed by Session Laws 2000 -67, s. 26.21(a).
<br />"§ 58- 84 -46. Certification to Commissioner.On or before October 31 of each year
<br />the clerk or finance officer of each city or county that has a local board of trustees under
<br />G.S. 58 -84 -30 shall file a certificate of eligibility with the Commissioner. The certificate
<br />shall contain information prescribed by administrative rule adopted by the
<br />Commissioner. If the certificate is not filed with the Commissioner on or before January
<br />31 in the ensuing year:
<br />The city or county that failed to file the certificate shall forfeit the payment next
<br />due to be paid to Its board of trustees.
<br />The Commissioner shall pay over that amount to the treasurer of the North
<br />Carolina State Firemen's Association.
<br />That amount shall constitute a part of the Firefighter's Relief Fund.
<br />§ 58- 84 -50. Fire departments to be members of State Firemen's Association.
<br />For the purpose of supervision and as a guaranty that provisions of this Article shall be
<br />honestly administered in a businesslike manner, it is provided that every department
<br />enjoying the benefits of this law shall be a member of the North Carolina State
<br />Firemen's Association and comply with its constitution and bylaws. If the fire department
<br />of any city, town or village shall fail to comply with the constitution and bylaws of said
<br />Association, said city, town or village shall forfeit its right to the next annual payment
<br />due from the funds mentioned in this Article, and the Commissioner of Insurance shall
<br />pay over said amount to the treasurer of the North Carolina State Firemen's Association
<br />and same shall constitute a part of the Firefighter's relief, fund. (1907, c. 831, s. 9;
<br />1919, c. 180; C.S., s. 6072; 1925, c. 41; c. 309, s. 2; 1965, c. 624.)
<br />AWJgWy number 3
<br />http://www.ncdoi.com/OSFM/FRGrants/frg_frLsaMtes.asp 8/24/2010
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