NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION
CHAPTER 1131
SENATE BILL 563
AN ACT TO CREATE A RESCUE SQUAD DEATH BENEFIT ACT.
The General Assembly of North Carolina enacts:
Section 1. The General Statutes of North Carolina are hereby amended by inserting therein a new chapter to be designated "Chapter 118B" and to read as follows:
"Chapter 118B.
"Members of a Rescue Squad Death Benefit Act.
"§ 118B-1. Purpose. — In consideration of hazardous public service rendered to the State by members of a rescue squad, there is hereby provided a system of benefits for dependents who are closely related to such members of a rescue squad as may be killed in the discharge of their official duties.
"§ 118B-2. Definitions. — The following words and phrases, when used in this Chapter, shall have the meanings assigned to them by this section unless the context clearly indicates another meaning:
(1) 'Dependent child' shall mean any unmarried child of the deceased member of a rescue squad, whether natural, adopted or posthumously born, who was under 18 years of age and dependent upon and receiving his chief support from said member of a rescue squad at the time of his death;
(2) 'Dependent parent' shall mean a parent of a member of a rescue squad, whether natural or adoptive, who was dependent upon and receiving his total and entire support from the member of a rescue squad at the time of the injury which resulted in his death;
(3) 'Killed in the line of duty' shall apply to any member of a rescue squad who is killed while in the discharge of his official duty or duties;
(4) 'Member or members of a rescue squad' as used in this Chapter shall apply to those persons who are members of a rescue squad which meets the requirements and are members of the N. C. State Association of Rescue Squads, Inc.
(5) 'Widow' shall mean the wife of a member of a rescue squad who survives him and who was residing with such member of a rescue squad at the time of and during the six months next preceding the time of injury to such member of a rescue squad which resulted in his death and who also resided with such member of a rescue squad from the date of injury up to and at the time of his death.
"§ 118B-3. Payments; determination. — When any member of a rescue squad shall be killed while in the discharge of his official duties, or dies as a result of extreme exertion or extreme activity in the course and scope of his activity, the Industrial Commission shall award the total sum of five thousand dollars ($5,000) as follows:
(1) To the widow of such member of a rescue squad if there be a surviving widow; or
(2) If there be no widow qualifying under the provisions of this Chapter, then said sum shall be awarded to any surviving dependent child of said member of a rescue squad; and if there is more than one surviving dependent child, then said sum shall be awarded to and equally divided among all surviving dependent children; or
(3) If there be no widow and no dependent child or children qualifying under the provisions of this Chapter, then the sum shall be awarded to the surviving dependent parent of such member of a rescue squad; and if there be more than one surviving dependent parent, then said sum shall be awarded to and equally divided between the surviving dependent parents of said member of a rescue squad.
"§ 118B-4. Funds; conclusiveness of award. — Such award of benefits as is provided for by this Chapter shall be paid from the Contingency and Emergency Fund and such amounts as may be required to pay benefits provided for by this Chapter shall be allocated from said fund for this special purpose.
The Industrial Commission shall have power to make necessary rules and regulations for the administration of the provisions of this Chapter. It shall be vested with power to make all determinations necessary for the administration of this Chapter and all of its decisions and determinations shall be final and conclusive and not subject to review or reversal except by the Industrial Commission itself. The Industrial Commission shall keep a record of all proceedings conducted under this Chapter and shall have the right to subpoena any persons and records which it may deem necessary in making its determinations, and the Industrial Commission shall further have the power to require all persons called as witnesses to testify under oath or affirmation, and any member of the Industrial Commission may administer oaths. If any person shall refuse to comply with any subpoena issued hereunder or to testify with respect to any matter relevant to proceedings conducted under this Chapter, the Superior Court of Wake County, on application of the Industrial Commission, may issue an order requiring such person to comply with the subpoena and to testify; and any failure to obey any such order of the court may be punished by the court as for contempt.
"§ 118B-5. Other benefits not affected. — None of the other benefits now provided for eligible members of a rescue squad or their dependents by the Workmen's Compensation Act or other laws shall be affected by the provisions of this Chapter and the benefits provided for herein shall not be diminished, abated or otherwise affected by such other provisions of law.
"§ 118B-6. Awards exempt from taxes. — Any award made under the provisions of this Chapter shall be exempt from taxation by the State or any political subdivision. The Industrial Commission shall not be responsible for any determination of the validity of any claims against said awards and shall distribute the death benefit awards directly to the dependent or dependents entitled thereto under the provisions of this Chapter.
"§ 118B-7. Applicability of Chapter. — The provisions of this Chapter shall not apply to eligible firemen as defined in G.S. 118-23."
Sec. 2. This act shall become effective upon ratification.
In the General Assembly read three times and ratified, this the 21st day of July, 1971.