NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 691

SENATE BILL 905

 

AN ACT TO AMEND CHAPTER 496 OF THE 1955 SESSION LAWS, AS AMENDED, RELATING TO THE PENSION FUND FOR THE RETIREMENT AND DISABILITY OF MEMBERS OF THE POLICE DEPARTMENT OF THE CITY OF HIGH POINT.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Section 1(c) of Chapter 496 of the 1955 Session Laws, relating to the Pension Fund Plan for the retirement and disability of members of the Police Department of the City of High Point, is hereby amended by adding the following proviso:

"Provided, however, that any member of the police department who has been a member of the North Carolina Law Enforcement Officers' Benefit and Retirement Fund for 10 years may elect to remain in said fund in lieu of joining the High Point Policemen's Pension and Disability Fund. In such event the city treasurer shall deduct five percent (5%) from such member's monthly salary and pay it to the account of said member in the North Carolina Law Enforcement Officers' Benefit and Retirement Fund and the City of High Point shall contribute an amount equal to five percent (5%) of the member's salary in lieu of contributing to the High Point Policemen's Pension and Disability Fund."

Sec. 2. Section 1(e) of Chapter 496 of the 1955 Session Laws, relating to the Pension Fund Plan for the retirement and disability of members of the Police Department of the City of High Point, is hereby deleted.

Sec. 3. Section 2 of Chapter 496 of the 1955 Session Laws is hereby amended by striking out the word "Examiners' in the second, seventh and ninth lines inserting in lieu thereof the word "Trustees".

Sec. 4. Section 3 of Chapter 496 of the 1955 Session Laws, as amended by Chapter 133 of the 1959 Session Laws, as amended by Chapter 761 of the 1971 Session Laws, as amended by Chapter 282 of the 1973 Session Laws, is hereby amended by adding the words "including both service retirement and disability retirement" after the words "upon his termination from service" as the same appear in line 5 of the first sentence of said section, and by deleting the words "except at the discretion of the Board of Examiners" as the same appear in line 3 and 4 of the second sentence of said section.

Sec. 5. Section 4 of Chapter 496 of the 1955 Session Laws as amended by Chapter 761 of the 1971 Session Laws is hereby deleted.

Sec. 6.  Section 6 of Chapter 496 of the 1955 Session Laws, as amended by Chapter 761 of the 1971 Session Laws, as amended and renumbered Section 5 by Chapter 282 of the 1973 Session Laws, is hereby amended to read as follows:

"(a)      The board of trustees shall consist of five members: the Mayor of the City of High Point, the City Manager of the City of High Point, and three additional members to be appointed by the Council of the City of High Point. The three appointed members shall include a licensed physician, a full-time paid member of the Police Department of the City of High Point, and a citizen of the City of High Point. The three appointed members shall serve for a term of three years. Vacancies must be filled in the same manner as provided in the original selection.

(b)       The medical board to be designated by the board of trustees shall be composed of not less than three nor more than five licensed physicians. The medical board shall arrange for and pass upon all medical examinations required under the provisions of Chapter 128, Section 27 of the General Statutes governing the North Carolina Local Governmental Employees' Retirement System, and shall investigate all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement, and shall report in writing to the board of trustees its conclusions and recommendations upon all the matters referred to it.

(c)       The City Attorney for the City of High Point shall be the legal advisor of the board of trustees."

Sec. 7. Section 7 of Chapter 496 of the 1955 Session Laws, as amended by Chapter 133 of the 1959 Session Laws, as amended and renumbered Section 6 by Chapter 282 of the 1973 Session Laws, is hereby amended to read as follows:

"The said board of trustees is vested with authority to determine all matters affecting the administration of this act, including the power and authority to determine the claims of policemen coming under the provisions of this act, and the decision of the members of the board shall be final and there shall be no appeal therefrom. The board may meet at any time upon the call of the chairman, or upon the call of any three members if the chairman neglects or refuses to call a meeting.

Two days' written notice of the time and purpose of a meeting to determine the claims of policemen shall be given, but the failure to give such notice shall not invalidate the proceedings at any such meeting, provided all members of the board are present. Two day's oral notice of the time of meeting shall be sufficient as to meetings held for any other purpose. The board shall select one of its members to be chairman and shall also designate someone, who need not be a member of the board, to act as secretary at its meetings, and it shall be his duty to give notice of all meetings. A majority of the members of the board of trustees shall constitute a quorum at any meeting except meetings to determine contested claims by policemen, in which event the three members not connected with the police department shall constitute a quorum. In any meeting a majority of those present shall decide any matter coming before a meeting, but any member of the board who is employed in the police department shall be disqualified from voting in the determination of his own claim for compensation. All claims for policemen for benefits under this act shall be made in writing and shall state the nature of the claim and the relief demanded. All claims shall be filed with the chairman of the board of trustees within 60 days from the arising date of the claim. Failure to so present a written claim within said 60 days, or acceptance of a refund of all money deducted from his salary which went into said pension fund, shall operate as a bar to the consideration and payment of said claim. Provided, that the time for presenting any claims which arose prior to the enactment of this section shall be extended to a date 60 days from said date."

Sec. 8. Section 9 of Chapter 496 of the 1955 Session Laws as amended and renumbered Section 8 of Chapter 282 of the 1973 Session Laws is hereby amended by striking out the word "Examiners" in lines 3, 5, and 9 and inserting in lieu thereof the word "Trustees".

Sec. 9. All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 10. 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 23rd day of June, 1975.