NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 557

SENATE BILL 699

 

 

AN ACT REWRITING CHAPTER 262 OF THE SESSION LAWS OF 1955 PERTAINING TO A PENSION SYSTEM FOR MEMBERS OF THE WILMINGTON-CAPE FEAR PILOTS ASSOCIATION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Section 2 of Chapter 262 of the Session Laws of 1955 creating the pension system for members of the Wilmington-Cape Fear Pilots Association is hereby amended and rewritten to read as follows:

"Sec. 2.  (a) Any person receiving a pilot's license for the Cape Fear River and Bar issued by the Board of Commissioners of Navigation and Pilotage is eligible to be and become a member of the Wilmington-Cape Fear Pilots Association and to perform active duties of a pilot as a member of said association.

(b)        The persons entitled to pension benefits under the provisions of this act shall be confined to members who actively served in said association as pilots as herein provided and their widows during widowhood and children under 18 years of age.

(c)        In computing the time of service of any member of said association, the time of such service shall begin as of the date of the license issued by the Board of Commissioners of Navigation and Pilotage and continue during the active service of such member, provided such licensed pilot promptly after the issuance of such license to him becomes a member of said Wilmington-Cape Fear Pilots Association and begins the performance of duties as an active pilot, and if such licensed pilot does not promptly become a member of said association and begin the performance of such duties, then his term of service shall be computed from the time he begins active service as a member of said association.

(d)        Any active pilot and member of said association upon becoming physically or mentally incapacitated and thereby unable to perform the duties of a pilot may, upon his written request, retire and thereafter become entitled to the pension benefits as hereinafter authorized and set forth in this act. The guaranteed minimum amount is one hundred dollars ($100.00) per month. Provided, however, that said association is hereby granted the right to have such member applying for retirement for incapacity as aforesaid, who at the time is under the age of 60 years, examined by a reputable physician and have submitted to it satisfactory evidence of such incapacity.

Any active pilot member of said association upon becoming injured and disabled by reason of accident arising out of and in the course of his employment (as those terms are used in the North Carolina Workmen's Compensation Act) including travel time to and from work, who is disabled and unable to perform the duties of a pilot shall be paid a pension benefit equal to a one-third share of the net earnings of said association during his period of disability. The association has the right from time to time to have said disabled pilot examined by a reputable physician and have submitted to it satisfactory evidence of such incapacity.

(e)        Any active pilot and member of said association upon reaching the age of 60 years may, upon his written request, retire and receive the pension benefits to which he is entitled as hereinafter provided in this act.

(f)         Any active pilot member of said association after having served as an active pilot in said association for a period of 25 years or more may, upon his written request, retire, whether he be of the age of 60 years or not, and upon such retirement he may receive the pension benefits to which he is entitled as hereinafter provided in this act.

(g)        The net earnings of said association shall be computed and determined annually and the same shall be in the amount of the aggregate sum arising after the payment of the necessary operating expenses of said association. Each active pilot member of said association shall receive annually an equal share of said net earnings to be determined by dividing the number of active pilots into the sum of said net earnings, subject to providing for pension benefits as in this act provided.

(h)        Any pilot member of said association who retires or who is retired under the provision of this act with at least 25 years of active service shall receive thereafter pension benefits annually equal to a one-third share of the net earnings of said association, computed as hereinbefore provided. If a retired pilot has less than 25 years of active service, his pension benefits shall be reduced by four percent (4%) of said one-third share for each year of service less than 25.

(i)         Survivor benefits to widows and children. The widow of any pilot retired as herein provided, so long as she remains his widow, or for life if she does not remarry, shall receive from the association survivor benefits equal to one-half of the retired pilots pension benefits, with a minimum guaranteed benefit of one hundred dollars ($100.00) per month. Upon the death of the widow, her survivor benefits will be paid monthly to those children of the retired pilot who are unmarried and under the age of 18 years of age, share and share alike.

(j)         The retirement benefits set forth herein are applicable to all living retired pilots and their wives and all living widows of pilots as well as to pilots who are now active."

Sec. 2.  This act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 14th day of June, 1971.