§ 58-88-5. Rescue Squad Workers' Relief Fund; trustees; disbursement of funds. - North Carolina Statutes

§58‑88‑5.  Rescue Squad Workers' Relief Fund; trustees; disbursementof funds.

(a)        The "RescueSquad Workers' Relief Fund" is created. It consists of the revenuecredited to the Fund under G.S. 20‑183.7(c) and shall be used for thepurposes set forth in this Article.

(b)        The ExecutiveCommittee of the Association shall be the Board of Trustees of the Fund. TheBoard shall consist of the Commander, Vice‑Commander, Secretary‑Treasurer,and two past Commanders of the Association. The Commander shall be the Chairmanof the Board. The Commander, Vice‑Commander, and Secretary‑Treasurershall appoint the two past Commanders of the Association, who shall serve atthe pleasure of the appointing officers.

(c)        The Commissioner ofInsurance has exclusive control of the Fund and shall disburse revenue in theFund to the Association only for the following purposes:

(1)        To safeguard anyrescue or EMS worker in active service from financial loss, occasioned bysickness contracted or injury received while in the performance of his or herduties as a rescue or EMS worker.

(2)        To provide areasonable support for those persons actually dependent upon the services ofany rescue or EMS worker who may lose his or her life in the service of his orher town, county, city, or the State, either by accident or from diseasecontracted or injury received by reason of such service. The amount is to bedetermined according to the earning capacity of the deceased.

(3)        To awardscholarships to children of members, deceased members or retired members ingood standing, for the purpose of attending a two year or four year college oruniversity, and for the purpose of attending a two year course of study at acommunity college or an accredited trade or technical school, any of which islocated in the State of North Carolina. Continuation of the payment ofeducational benefits for children of active members shall be conditioned on thecontinuance of active membership in the rescue or EMS service by the parent orparents.

(4)        To pay deathbenefits to those persons who were actually dependent upon any member killed inthe line of duty.

(4a)      To pay additionalbenefits approved by the Board of Trustees of the Fund to rescue and EMSworkers who are eligible pursuant to G.S. 58‑88‑10 and who aremembers of the Association.

(5)        Notwithstanding anyother provision of law, no expenditures shall be made pursuant to subdivisions(1), (2), (3), (4), and (4a) of this subsection unless the Board has certifiedthat the expenditures will not render the Fund actuarially unsound for thepurpose of providing the benefits set forth in subdivisions (1), (2), (3), (4),and (4a). If, for any reason, funds made available for subdivisions (1), (2),(3), (4), and (4a) are insufficient to pay in full any benefit, the benefits pursuantto subdivisions (1), (2), (3), (4), and (4a) shall be reduced pro rata for aslong as the amount of insufficient funds exists. No claims shall accrue withrespect to any amount by which a benefit under subdivisions (1), (2), (3), (4),and (4a) has been reduced. (1987, c. 584, s. 5; 1987 (Reg. Sess., 1988), c. 1062,s. 10; 1989 (Reg. Sess., 1990), c. 1066, s. 33(c); 1995, c. 421, s. 1.)