11 NCAC 05A .0303         ADMINISTRATION OF FIREFIGHTERS' RELIEF FUND

(a)  OSFM shall compile and maintain records, including the following information:

(1)           certifications of the "Local Relief Fund Board of Trustees Report" filed in accordance with G.S. 58-84-46;

(2)           certifications filed by the North Carolina State Firemen's Association in accordance with G.S. 58-84-40(b);

(3)           amount of Firefighters' Relief Fund tax assigned by the North Carolina Department of Revenue; and

(4)           amount of property tax values for each rated fire district as filed by each County.

(b)  If a fire department dissolves, the following procedures apply:

(1)           If a neighboring fire department elects to expand its boundaries to include the area served by the dissolved fire department, the Firefighters' Relief Fund account shall be transferred to the expanding fire department.

(2)           If no neighboring fire department elects to include the dissolved fire department's territory into its own, the dissolved fire department shall not be certified and shall forfeit its right to future annual payments from the Firefighters' Relief Fund.

(c)  If a rated and certified fire department that is serving two or more rated and certified districts divides into separate fire departments, the original rated and certified fire department shall retain the relief fund for each rated and certified district. Any new fire department resulting from the division shall be entitled to receive relief fund money after it has been rated and certified in accordance with 11 NCAC 05A .0503.

(d)  Fire department checks shall be disbursed by the Department of Insurance Controllers office to the fire departments in that county through Electronic Funds Transfer, unless a fire department's account cannot accept electronic funds transfers, in which case the Commissioner shall distribute the department's allocation by paper check.

History Note:        Authority G.S. 58-2-40(1); 58-84-25; 58-84-40; 58-84-50; 58-85-1;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. February 1, 2017; September 1, 2010; February 1, 1993; July 1, 1986;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 19, 2019.