§ 58-86-55. Monthly pensions upon retirement. - North Carolina Statutes

§ 58‑86‑55. Monthly pensions upon retirement.

Any member who has served 20years as an "eligible fireman" or "eligible rescue squadworker" in the State of North Carolina, as provided in G.S. 58‑86‑25and G.S. 58‑86‑30, and who has attained the age of 55 years isentitled to be paid a monthly pension from this fund. The monthly pension shallbe in the amount of one hundred seventy dollars ($170.00) per month. Anyretired fireman receiving a pension shall, effective July 1, 2008, receive apension of one hundred seventy dollars ($170.00) per month.

Members shall pay ten dollars($10.00) per month as required by G.S. 58‑86‑35 and G.S. 58‑86‑40for a period of no longer than 20 years. No "eligible rescue squadmember" shall receive a pension prior to July 1, 1983. No member shall beentitled to a pension hereunder until the member's official duties as a firemanor rescue squad worker for which the member is paid compensation shall havebeen terminated and the member shall have retired as such according to standardsor rules fixed by the board of trustees.

A member who is totally andpermanently disabled while in the discharge of the member's official duties asa result of bodily injuries sustained or as a result of extreme exercise orextreme activity experienced in the course and scope of those official dutiesand who leaves the fire or rescue squad service because of this disabilityshall be entitled to be paid from the fund a monthly benefit in an amount of one hundred seventy dollars ($170.00) per month beginning the first month afterthe member's fifty‑fifth birthday. All applications for disability aresubject to the approval of the board who may appoint physicians to examine andevaluate the disabled member prior to approval of the application, and annuallythereafter. Any disabled member shall not be required to make the monthlypayment of ten dollars ($10.00) as required by G.S. 58‑86‑35 andG.S. 58‑86‑40.

A member who is totally andpermanently disabled for any cause, other than line of duty, who leaves thefire or rescue squad service because of this disability and who has at least 10years of service with the pension fund, may be permitted to continue making amonthly contribution of ten dollars ($10.00) to the fund until the member hasmade contributions for a total of 240 months. The member shall upon attainingthe age of 55 years be entitled to receive a pension as provided by thissection. All applications for disability are subject to the approval of theboard who may appoint physicians to examine and evaluate the disabled memberprior to approval of the application and annually thereafter.

A member who, because hisresidence is annexed by a city under Part 2 or Part 3 of Article 4A of Chapter160A of the General Statutes, or whose department is closed because of anannexation by a city under Part 2 or Part 3 of Article 4A of Chapter 160A ofthe General Statutes, or whose volunteer department is taken over by a city orcounty, and because of such annexation or takeover is unable to perform as afireman or rescue squad worker of any status, and if the member has at least 10years of service with the pension fund, may be permitted to continue making amonthly contribution of ten dollars ($10.00) to the fund until the member hasmade contributions for a total of 240 months. The member upon attaining the ageof 55 years and completion of such contributions shall be entitled to receive apension as provided by this section. Any application to make monthlycontributions under this section shall be subject to a finding of eligibilityby the Board of Trustees upon application of the member.

The pensions provided shall bein addition to all other pensions or benefits under any other statutes of theState of North Carolina or the United States, notwithstanding any exclusionaryprovisions of other pensions or retirement systems provided by law.  (1957, c. 1420, s. 1; 1959,c. 1212, s. 1; 1961, c. 980; 1971, c. 336; 1977, c. 926, s. 1; 1981, c. 1029,s. 1; 1983, c. 500, s. 2; c. 636, s. 24; 1985 (Reg. Sess., 1986), c. 1014, s.49.1(b); 1987 (Reg. Sess., 1988), c. 1099, s. 1; 1991, c. 720, s. 48; 1993(Reg. Sess., 1994), c. 653, s. 1; 1995, c. 507, s. 7.21A(g); 1997‑443, s.33.25(a); 1998‑212, s. 28.21(a); 2000‑67, s. 26.18; 2002‑113,s. 1; 2002‑126, s. 28.7; 2003‑284, s. 30.19; 2004‑124, s.31.18; 2005‑276, s. 29.26; 2006‑66, s. 22.19; 2007‑323, s.28.21; 2008‑107, s. 26.25.)