NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 979

HOUSE BILL 1088

 

 

AN ACT TO PRESCRIBE RULES FOR THE ADMINISTRATION OF THE GASTONIA POLICEMAN'S SUPPLEMENTARY PENSION FUND AND TO PROVIDE FOR THE SUPPORT OF SAID FUND BY MEANS OTHER THAN COURT COSTS.

 

The General Assembly of North Carolina do enact:

Section 1. The Pension Fund designated as the "Gastonia Policeman's Supplementary Pension Fund" that was created and authorized by Chapter 946 of the 1955 Session Laws of North Carolina shall be administered subject to the rules and regulations prescribed by this Act.

Sec. 2. All funds and property owned by, invested by, or held in behalf of, the Gastonia Policeman's Supplementary Pension Fund shall continue to be the property of the Gastonia Policeman's Supplementary Pension Fund, said fund to be administered by a Board of Trustees composed of the following: the Chief of the Police Department of the City of Gastonia, the Assistant Chief of the Police Department of the City of Gastonia, and the Finance Officer of the City of Gastonia.

Sec. 3. Any person who is a full-time paid member of the Gastonia Police Department, as shown by the records of the City of Gastonia, at the time of the ratification of this Act, or any person who shall become such a full-time paid member, or any person who, as of July 1, 1955, was a full-time paid member of the Gastonia Police Department, or any person who, prior to the ratification of this Act, was eligible for benefits from the Gastonia Policeman's Supplementary Pension Fund immediately prior to the ratification of this Act, or any member of the Board of Trustees of the Gastonia Policeman's Supplementary Pension Fund shall be eligible for benefits from the said fund provided such person has been retired as an employee of the City of Gastonia under the provisions of the Law Enforcement Officers' Benefit and Retirement Fund or the North Carolina Local Governmental Employees' Retirement System; and provided further that no member of the Board of Trustees or of the Gastonia Police Department shall be eligible for benefits from the Gastonia Policeman's Supplementary Pension Fund unless he has been a member of the Board of Trustees for a period of twelve years or a member of the Gastonia Police Department for a period of fifteen years, or if a member of the Board of Trustees or a member of the Police Department, has served for ten years or more and becomes disabled, he may be retired within a period of not less than thirty days or more than ninety days following a medical examination of such member by a physician or physicians appointed by the City Council of Gastonia; upon certification of such physician or physicians that the member is mentally or physically permanently incapacitated for the further performance of duty, such member may be retired and may receive benefits of the retirement fund herein provided for according to the rules and regulations of this Act and the Board of Trustees.

Sec. 4. Any member of the Board of Trustees of the Gastonia Policeman's Supplementary Pension Fund or any full-time paid member of said Police Department who retires or is retired under the provisions of this Act shall receive monthly for the remainder of his life from the Gastonia Policeman's Supplementary Pension Fund, so long as funds are available, an amount equal to two per cent (2%) for each five years of service, or major portion thereof, not to exceed fourteen per cent (14%) of his average monthly salary for the three highest salaried years while employed by the City of Gastonia or the Gastonia Police Department.

Sec. 5. The Finance Officer of the City of Gastonia, as a member of the Board of Trustees of the Gastonia Policeman's Supplementary Pension Fund shall be Treasurer and Custodian of the said fund and shall pay the beneficiary thereof on the first day of each and every month any monies in his possession that such beneficiaries may be entitled to under the provisions of this Act.

Sec. 6. The Finance Officer of the City of Gastonia, as Custodian of the Gastonia Policeman's Supplementary Pension Fund may be required by the City Council of Gastonia to give bond for the faithful performance of his duties and the premiums on said bond shall be paid out of the Gastonia Policeman's Supplementary Pension Fund.

Sec. 7. The Custodian of the Gastonia Policeman's Supplementary Pension Fund is authorized and directed to invest all monies coming into his possession belonging to said Gastonia Policeman's Supplementary Pension Fund except so much as the Board of Trustees shall from time to time determine as reasonably necessary for prompt payment of claims and expenses, and such securities as the Board of Trustees shall select; provided, however, that such securities shall be limited to, and upon, the same conditions as those enumerated by the General Statutes of North Carolina, as amended, as to investment of trust funds or the funds of guardians.

Sec. 8. The Board of Trustees as herein provided for, may, in its discretion, take and receive any gift, grant, bequest, or devise, or any real or personal property or other thing of value for, and as, the property of the said Gastonia Policeman's Supplementary Pension Fund, and hold and disburse and invest the same for the use of said fund in accordance with the purpose of this Act and the conditions attached to any such gift, grant, bequest, or devise.

Sec. 9. If a member of the Police Department of the City of Gastonia, or any other person employed by the City of Gastonia and eligible for benefits from the Gastonia Policeman's Supplementary Pension Fund, shall withdraw from such employment prior to retirement, his contributions shall be refunded without interest. In the event that a member withdraws his contributions, which he may only do after terminating his employment with the City of Gastonia, he will lose credit for all prior service if he, at a later date, again becomes a member of the Police Department, or otherwise eligible to receive retirement benefits from this fund, unless such member replaces the amount refunded to him, together with the interest thereon, when he withdrew from employment as a member of the Gastonia Police Department or as an employee of the City of Gastonia; provided, that if a member dies before retirement, his contributions shall be refunded to his estate or designated beneficiaries; and provided further, that if a member retires and dies before receiving monthly pension payments totaling the full of his contributions which he previously made, the difference arising therefrom shall be refunded in a lump sum to his estate or designated beneficiaries.

Sec. 10. The Board of Trustees is authorized at any time to call an election among the members of the Gastonia Police Department to decide whether or not the corpus of the Gastonia Policeman's Supplementary Pension Fund shall be increased by adding two per cent (2%) of the gross salary of each member of the Police Department to such fund. Upon an affirmative vote of a majority of the members of the Police Department, the City of Gastonia shall cause to be deducted from the salary of each member of the Police Department on each and every payroll two per cent (2%) of the gross salary of such member and shall pay over such amounts so deducted to the trustees of the Gastonia Policeman's Supplementary Pension Fund, who shall hold, invest, sell, reinvest, or disburse such funds as provided in this Act.

Sec. 11. On and after July 1, 1965, the governing body of the City of Gastonia is hereby authorized to make such contributions from the General Fund of the City of Gastonia to the Gastonia Policeman's Supplementary Pension Fund as they shall deem appropriate and from whatever sources they deem desirable.

Sec. 12. The City Council of the City of Gastonia, North Carolina, is hereby authorized and empowered to enact an ordinance deducting two per cent (2%) of the gross salary of each member of the Police Department of said city and to pay over such amounts so deducted to the Trustees of the Gastonia Policeman's Supplementary Pension Fund who shall hold, invest, sell, reinvest, or disburse such funds so collected as provided for in this Chapter.

Sec. 13. On and after July 1, 1965, the Gastonia City Council shall have power and authority to decrease the court cost presently collected in every criminal case in the Gastonia Municipal Recorder's Court; provided, however, that out of every court cost collected in said court, at least three dollars ($3.00) shall be paid by the City of Gastonia to the State Law Enforcement Officers' Benefit and Retirement Fund. The City Council of Gastonia, except for limitations contained in this Section of this Act, shall otherwise have full power and authority to establish the cost of court in each case in said court and to determine in what manner the proceeds realized from the collection of said court costs shall be disbursed. Funds so collected shall be deemed to be non-tax revenue received by the City of Gastonia.

Sec. 14. All laws and clauses of laws in conflict with this Act are hereby repealed. This Act shall not modify or alter in any way the Workmen's Compensation Laws as contained in Chapter 97 of the General Statutes of North Carolina; provided, however, that in the event that a person eligible to receive benefits from this Act shall also be eligible to receive benefits for a permanent-portion or permanent-total disability under the Workmen's Compensation Act; such person shall not have the amount to which he is otherwise entitled to receive under the Workmen's Compensation Act diminished by reason of his eligibility to receive the pension fund payments as authorized by this Act. Provided, however, no part of Chapter 310 of the 1965 Session Laws is repealed hereby.

Sec. 15. In the event that any Section of this Act, or any portion of any Section of this Act, shall be declared unconstitutional or unlawful, then the remaining portions of said Section or Sections of this Act shall remain in full force and effect.

Sec. 16. 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 11th day of June, 1965.-