Enhance Firefighter Benefits & Representation.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 86

Short Title: Enhance Firefighter Benefits & Representation. (Public)
Sponsors: Senators Moffitt, Daniel, and Burgin (Primary Sponsors).
Referred to: Rules and Operations of the Senate
February 13, 2025
*S86-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ENHANCE BE NEFITS AND REPRESENTATION FOR NORTH CARO LINA 2
FIREFIGHTERS AND RESCUE SQUAD WORKERS. 3
The General Assembly of North Carolina enacts: 4
5
PART I. ENHANCE BENE FITS UNDER NORTH CAR OLINA FIREFIGHTERS' AND 6
RESCUE SQUAD WORKERS' PENSION FUND AND MAKE TECHNICAL CHANGES 7
TO THE RELATED STATUTES 8
SECTION 1.(a) G.S. 58-86-55 reads as rewritten: 9
"§ 58-86-55. Monthly pensions upon attaining the age of 55 years. 10
(a) The monthly pension benefit under this section is one hundred eighty dollars 11
($180.00) and is payable per month from the Pension Fund unless otherwise provided. 12
(a1) Any member who has served 20 years as an "eligible firefighter" or "eligible eligible 13
firefighter or eligible rescue squad worker" worker in the State of North Carolina, as provided in 14
G.S. 58-86-25 and G.S. 58-86-30, this Article, and who has attained the age of 55 years is entitled 15
to be paid a monthly pension from this fund. The monthly pension shall be in the amount of one 16
hundred seventy-five dollars ($175.00) per month. Any retired firefighter receiving a pension 17
shall, effective January 1, 2025, receive a pension of one hundred seventy-five dollars ($175.00) 18
per month.benefit under this section. 19
(b) Members shall pay fifteen dollars ($ 15.00) per month as required by G.S. 58-86-35 20
and G.S. 58-86-40 for a period of no longer than 20 years. No "eligible rescue squad member" 21
shall receive a pension prior to July 1, 1983. 22
(c) A member who is totally and permanently disabled while in the disc harge of the 23
member's official duties as a result of bodily injuries sustained or as a result of extreme exercise 24
or extreme activity experienced in the course and scope of those official duties and who leaves 25
the fire or rescue squad service because of this disability shall be entitled to be paid from the fund 26
a monthly benefit in an amount of one hundred seventy -five dollars ($175.00) per month a 27
monthly pension benefit under this section beginning the first month after the member's fifty-fifth 28
birthday. All applications for disability are subject to the approval of the board who Board, and 29
the Board may appoint physicians to examine and evaluate the disabled member prior to approval 30
of the application, and annually thereafter. Any G.S. 58-86-41 shall not apply to a disabled 31
member shall not be required to make the monthly payment of fifteen dollars ($15.00) as required 32
by G.S. 58-86-35 and G.S. 58-86-40.member. 33
(d) A member who is totally and permanently disabled for any cause, cause other than 34
line of duty, those under subsection (c) of this section and who leaves the fire or rescue squad 35
service because of this disability and who has at least 10 years of service with the pension fund, 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 86-First Edition
Pension Fund may be permitted to continue making a monthly contribution of fifteen dollars 1
($15.00) in the amount required under G.S. 58-86-41 to the fund until the member has made 2
contributions for a total of 240 months. The Upon attaining the age of 55, that member shall upon 3
attaining the age of 55 years be entitled to receive a monthly pension as provided by benefit under 4
this section. All applications for disability are subject to the approval of the board who Board, 5
and the Board may appoint physicians to examine and evaluate the disabled member prior to 6
approval of the application application, and annually thereafter. 7
(d1) Benefits payable from the Pension Fund shall be paid in the following manner when 8
a member is killed in the line of duty and the requirements of Article 12A of Chapter 143 of the 9
General Statutes are met: 10
(1) If the member had been receiving a monthly pension fund benefit under this 11
section prior to being killed in the line of duty, then there shall be paid to the 12
member's principal beneficiary, if only one principal beneficiary is eligible 13
and has not accepted a return of contributions, an amount of one hundred 14
seventy-five dollars ($175.00) per month the monthly pension benefit amount 15
beginning the month followi ng the member's month of death, payable until 16
the beneficiary's death. If the member became a member prior to July 1, 2018, 17
and had not designated a principal beneficiary prior to being killed in the line 18
of duty, there shall be paid to the member's living spouse upon the spouse's 19
application to the Board, an amount of one hundred seventy -five dollars 20
($175.00) per month the monthly pension benefit amount beginning the month 21
following the member's month of death, payable until the spouse's death. 22
(2) If the member had been receiving a monthly pension fund benefit under this 23
section prior to being killed in the line of duty and the beneficiary is not 24
payable as described in subdivision (1) of this subsection, then a lump sum 25
payment equal to the difference between the amount paid into the member's 26
separate account by or on behalf of the member and the amount received by 27
the member as a pensioner will shall be paid to the eligible beneficiaries, or if 28
there are no eligible beneficiaries, shall be paid to the member's estate. 29
(3) If the member had not yet begun receiving a monthly pension benefit under 30
this section prior to being killed in the line of duty, then there shall be paid to 31
the member's principal beneficiary, if only one principal beneficiary is eligible 32
and has not accepted a return of contributions, an amount of one hundred 33
seventy-five dollars ($175.00) per month the monthly pension benefit amount 34
beginning the month following the month the member would ha ve attained 35
age 55, or if the member had already attained age 55, beginning the month 36
following the member's month of death, payable until the beneficiary's death. 37
If the member became a member prior to July 1, 2018, and had not designated 38
a principal beneficiary prior to being killed in the line of duty, then there shall 39
be paid to the member's living spouse upon the spouse's application to the 40
Board, an amount of one hundred seventy -five dollars ($175.00) per month 41
the monthly pension benefit amount beginning the month following the month 42
the member would have attained age 55, or if the member had attained age 55, 43
beginning the month following the member's month of death, payable until 44
the spouse's death. 45
(4) If the member had not yet begun receiving a mon thly pension benefit under 46
this section prior to being killed in the line of duty and the beneficiary is not 47
payable as described in subdivision (3) of this subsection, then a lump sum 48
payment equal to the member's contributions will be paid to the eligibl e 49
beneficiaries, or if there are no eligible beneficiaries, a return of the 50
contributions shall be paid to the member's estate. 51
General Assembly Of North Carolina Session 2025
Senate Bill 86-First Edition Page 3
A beneficiary under this subsection shall not be required to make the monthly payment of 1
fifteen dollars ($15.00) as required by G.S. 58-86-35 and G.S. 58-86-40 G.S. 58-86-41 shall not 2
apply after the a member has been killed in the line of duty. 3
(e) A member who, because the If a member has at least 10 years of service with the 4
Pension Fund and that member's (i) residence is annexed by a city under Part 2 or Part 3 of Article 5
4A of Chapter 160A of the General Statutes, or whose (ii) department is closed because of an 6
annexation by a city under Part 2 or Part 3 of Article 4A of Chapter 160A of the General Statutes, 7
or whose (iii) volunteer department is taken over by a city or county, and because of such the 8
annexation or takeover the member is unable to perform as a firefighter or rescue squad worker 9
of any status, and if the member has at least 10 years of service with the pension fund, may then 10
the member shall be permitted to continue making a monthly contribution of fifteen dollars 11
($15.00) in the amount required under G.S. 58-86-41 to the fund until the member has made 12
contributions for a total of 240 months. The Upon completion of the total 240 months of 13
contributions, and upon a member upon attaining the age of 55 years and completion of such 14
contributions age 55, the member shall be entitled to receive a monthly pension as provided by 15
benefit under this section. Any application to make monthly contributions under this section shall 16
be subject to a finding of eligibility by the Board of Trustees upon application of the member. 17
(f) The pensions benefits provided under this Article shall be in addition to al l other 18
pensions or benefits under any other statutes of the State of North Carolina or the United States, 19
notwithstanding any exclusionary provisions of other pensions or retirement systems provided 20
by law." 21
SECTION 1.(b) Article 86 of Chapter 58 of the General Statutes is amended by 22
adding a new section to read: 23
"§ 58 -86-41. Amount due for membership ; payments credited to separate member 24
accounts. 25
(a) Unless otherwise provided under this Article, each member of the Pension Fund shall 26
pay the sum of fifteen dollars ($15.00) per month to the Pension Fund for membership in the 27
fund for a period not to exceed 20 years. 28
(b) Unless otherwise provided under this Article, a ll payments due in any calendar year 29
shall be made no later than March 31 subsequent t o the end of the calendar year in which the 30
payment was due. 31
(c) The Pension Fund shall not award fully credited service based on payments received 32
later than March 31 subsequent to the end of the calendar year in which the month occurred 33
unless the payment is applied as provided in G.S. 58-86-45(a1). 34
(d) Payments made in accordance with this section shall be credited to the separate 35
account of the member and shall be kept by the custodia n in a manner that allows the payments 36
to be made available upon a member's withdrawal from membership or retirement." 37
SECTION 1.(c) G.S. 58-86-35 reads as rewritten: 38
"§ 58 -86-35. Firefighters' application for membership in fund; monthly payments by 39
members; payments credited to separate accounts of members; Pension Fund; 40
termination of membership. 41
(a) Those firefighters Firefighters who are eligible for membership in the Pension Fund 42
pursuant to G.S. 58-86-25 may apply to the board Board for membership. Each firefighter upon 43
becoming a member of the fund shall pay the director of the fund the sum of fifteen dollars 44
($15.00) per month; each payment shall be made no later than March 31 subsequent to the end 45
of the calendar year in which the month occurred. The Pension Fund shall not award fully 46
credited service based on payments received later than March 31 subsequent to the end of the 47
calendar year in which the month occurred unless the payment is applied as provided in 48
G.S. 58-86-45(a1). The monthly payments shall be credited to the separate account of the 49
member and shall be kept by the custodian so it is available for pay ment on withdrawal from 50
membership or retirement. 51
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 86-First Edition
(b) A member may elect to terminate membership in the fund Pension Fund at any time 1
and request the refund of payments previously made to the fund. However, a A member's 2
delinquency in making the monthly pa yments required by this section Article does not result in 3
the termination of membership without such an election to terminate membership in the Pension 4
Fund made by the member." 5
SECTION 1.(d) G.S. 58-86-40 reads as rewritten: 6
"§ 58 -86-40. Rescue squad worker's application for membership in funds; monthly 7
payments by members; payments credited to separate accounts of members; 8
Pension Fund; termination of membership. 9
(a) Those rescue Rescue squad workers eligible for membership in the Pension Fund 10
pursuant to G.S. 58-86-30 may apply to the board Board for membership. Those rescue squad 11
workers eligible pursuant to G.S. 58-86-30 may apply to the board for membership. Each eligible 12
rescue squad worker upon becoming a member shall pay the director of the fund the sum of 13
fifteen dollars ($15.00) per month; each payment shall be made no later than March 31 14
subsequent to the end of the calendar year in which the month occurred. The Pension Fund shall 15
not award fully credited service based on payments received later than March 31 subsequent to 16
the end of the calendar year in which the month occurred unless the payment is applied as 17
provided in G.S. 58-86-45(a1). The monthly payments shall be credited to the separate account 18
of the member and shall be kept by the custodian so it is available for payment on withdrawal 19
from membership or retirement. 20
(b) A member may elect to terminate membership in the fund Pension Fund at any time 21
and request the refund of payments previously made to the fund. However, a A member's 22
delinquency in making the monthly payments required by this section Article does not result in 23
the termination of membership without such an election to terminate membership in the Pension 24
Fund made by the member." 25
SECTION 1.(e) G.S. 58-86-45 reads as rewritten: 26
"§ 58-86-45. Additional retroactive membership. 27
(a1) Any firefighter or rescue squad worker who is 35 years of age or older and who is a 28
current or former member of a fire department or rescue squad chartered by the State of North 29
Carolina may purchase credit for any periods of service to any chartered fire department or rescue 30
squad not otherwise creditable by making a lump sum payment to the Annuity Savings Fund 31
equal to the full liability of the service credits calculated on the basis of the assumptions used for 32
purposes of the actuarial valuation of the system's liabilities, which payment shall take into 33
account the retirement allowance arising on account of the additional service credit commencing 34
at the earliest age at which the member could retire on a retirement allowance, as determined by 35
the board of trustees upon the advice of the consulting actuary, plus an administrative fee to be 36
set by the board of trustees. This provision for the payment of a lump sum for service "not 37
otherwise creditable" shall apply, inter alia, to all purchases of service credits for months as to 38
which timely payments were not previously made pursuant to G.S. 58-86-35 or G.S. 58-86-40, 39
whichever is applicable.in accordance with G.S. 58-86-41. 40
(b) An eligible firefighter or rescue squad worker who is not yet 35 years old may apply 41
to the Board for membership in the fund Pension Fund at any time. Upon becoming a member, 42
the worker may make a lump sum payment of fifteen dollars ($15.00) per month in the amount 43
required under G.S. 58-86-41 at the time of the payment for each month retroactively to the time 44
the worker first became eligible to become a member, plus interest at an annual rate to be set by 45
the board Board upon advice from actuary for each year of retroactive payments. Upon making 46
this lump sum payment, the worker shall be given credit for all prior service in the same manner 47
as if the worker had applied for membership upon first becoming eligible. 48
(c) A member of the Pension Fund who is not yet 35 years old may receive credit for the 49
prior service upon making a lump sum payment of fifteen dollars ($15.00) in the amount required 50
under G.S. 58-86-41 at the time of the payment for each month since the worker first became 51
General Assembly Of North Carolina Session 2025
Senate Bill 86-First Edition Page 5
eligible, plus interest at an annual rate to be set by the Board for each year of retroactive 1
payments. Upon making this lump sum payment, the date of membership shall be the same as if 2
the worker had applied for membership upon first becoming eligible. This provision for the 3
payment of a lump sum for service "not otherwise creditable" shall apply, inter alia, to all 4
purchases of service credits for months as to wh ich timely payments were not previously made 5
pursuant to G.S. 58-86-35 or G.S. 58-86-40, whichever is applicable, for any firefighter or rescue 6
squad worker who is not yet 35 years of age or older and who is a current or former member of 7
a fire department or rescue squad chartered by the State of North Carolina." 8
SECTION 1.(f) The Revisor of Statutes shall replace the phrase "G.S. 58-86-35 or 9
G.S. 58-86-40" with the phrase "G.S. 58-86-41" in each instance it appears in G.S. 58-86-2. 10
SECTION 1.(g) This section applies to pension benefit amounts payable from the 11
Pension Fund due to a member or beneficiary on or after January 1, 2026. If a member or 12
beneficiary becomes eligible to receive a pension benefit from the Pension Fund on or before 13
December 31, 2025, but the pension benefit amount is paid from the Pension Fund on or after 14
January 1, 2026, then the pension benefit amount due to the member or beneficiary shall be the 15
amount applicable to the pension benefit amount that was effective for each respective month to 16
which the benefit applies. 17
SECTION 1.(h) This section is effective January 1, 2026. 18
19
PART II. ADD REPRESE NTATION FROM THE NOR TH CAROLINA STATE 20
FIREFIGHTERS' ASSOCI ATION TO THE NORTH C AROLINA EMERGENCY 21
MEDICAL SERVICES ADVISORY COUNCIL 22
SECTION 2.(a) G.S. 143-510 reads as rewritten: 23
"§ 143-510. North Carolina Emergency Medical Services Advisory Council. 24
(a) There is created the North Carolina Emergency Medical Services Advisory Council 25
to consult with the Secretary of the Department of H ealth and Human Services in the 26
administration of this Article. 27
The North Carolina Emergency Medical Services Advisory Council shall consist of 25 28
members.members appointed as follows: 29
(1) Twenty-one of the members shall be appointed by the Secretary of th e 30
Department of Health and Human Services as follows: 31
a. Three of the members shall represent the North Carolina Medical 32
Society and include one licensed pediatrician, one surgeon, and one 33
public health physician. 34
b. Three members shall represent the North Carolina College of 35
Emergency Physicians, two of whom shall be current local EMS 36
Medical Directors. 37
c. One member shall represent the North Carolina Chapter of the 38
American College of Surgeons Committee on Trauma. 39
d. One member shall represent the North Carolina Association of Rescue 40
and Emergency Medical Services. 41
e. One member shall represent the North Carolina Association of EMS 42
Administrators. 43
f. One member shall represent the North Carolina Hospital Association. 44
g. One member shall represent the North Carolina Nurses Association. 45
h. One member shall represent the North Carolina Association of County 46
Commissioners. 47
i. One member shall represent the North Carolina Medical Board. 48
j. One member shall represent the American Heart Association, North 49
Carolina Council. 50
k. One member shall represent the American Red Cross. 51
General Assembly Of North Carolina Session 2025
Page 6 Senate Bill 86-First Edition
k1. One member shall represent the North Carolina State Firefighters ' 1
Association. 2
l. The remaining six five members shall be appointed so as to fairly 3
represent the general public, credential ed and practicing EMS 4
personnel, EMS educators, local public health officials, and other 5
EMS interest groups in North Carolina. 6
(2) Two members shall be appointed by the General Assembly upon the 7
recommendation of the Speaker of the House of Representatives. 8
(3) Two members shall be appointed by the General Assembly upon the 9
recommendation of the President Pro Tempore of the Senate. 10
The membership of the Council shall, to the extent possible, reflect the gender and racial 11
makeup of the population of the State. 12
(b) The members of the Council appointed pursuant to subsection (a) of this section shall 13
serve initial terms as follows: 14
(1) The members appointed by the Secretary of the Department of Health and 15
Human Services shall serve initial terms as follows: 16
a. Five members shall serve initial terms of one year;year. 17
b. Five members shall serve initial terms of two years;years. 18
c. Five members shall serve initial terms of three years; andyears. 19
d. Six members shall serve initial terms of four years. 20
(2) The members appointed by the General Assembly upon the recommendation 21
of the President Pro Tempore of the Senate shall serve initial terms as follows: 22
a. One member shall serve an initial term of two years; andyears. 23
b. One member shall serve an initial term of four years. 24
(3) The members appointed by the General Assembly upon the recommendation 25
of the Speaker of the House of the Representatives shall serve initial terms as 26
follows: 27
a. One member shall serve an initial term of two years; andyears. 28
b. One member shall serve an initial term of four years. Thereafter, all 29
terms shall be four years. 30
…." 31
SECTION 2.(b) To minimize the impact of this section on the work of the North 32
Carolina Emergency Medical Services Advisory Council, the Secretary of Health and Human 33
Services shall not appoint a successor to the member of the Council appointed under 34
G.S. 143-510(a)(1)l. whose term expires on December 31, 2025. Instead, the Secretary of Health 35
and Human Services shall appoint one representative of the North Carolina State Firefighters' 36
Association to the Council in accordance with G.S. 143-510(a)(1)k1., as enacted by this section, 37
to succeed the member of the Council appointed under G.S. 143-510(a)(1)l. whose term expires 38
on December 31, 2025. 39
40
PART III. EFFECTIVE DATE 41
SECTION 3. Except as otherwise provided, this act is effective when it becomes 42
law. 43