North Carolina Chief 101 Relief Fund

Chief 101 Class This class consists of several programs that together will satisfy the 9S inspection criteria as specified by the North Carolina Administrative Code. The primary objective of the course is to inform current and future chief officers of the various aspects and complexities surrounding the operations and organization of North Carolina fire departments.

Program Objectives Describe administration of Firefighters’ Relief Fund Program. List requirements for participation. Explain how money can be spent. Provide contact information.

What is the Relief Fund? Firefighters’ Relief Fund is found in N.C.G.S. 58-84-35 House Bill 1034-Ratified Session Law 2014-64, Page 3: (a) The board of trustees shall have entire control of the funds derived from the provisions of this Article, and shall disburse the funds only for the following purposes: (1) To safeguard any firefighter in active service from financial loss, occasioned by sickness contracted or injury received while in the performance of his duties as a firefighter. (2) To provide a reasonable support for those actually dependent upon the services of any firefighter who may lose his life in the fire service of his town, city, or State, either by accident or from disease contracted or injury received by reason of such service. The amount is to be determined according to the earning capacity of the deceased.

What is the Relief Fund? Firefighters’ Relief Fund uses (cont.) (2a) To provide assistance, upon approval by the Executive Director of the State Firemen's Association, to a destitute member firefighter who has served honorably for at least five years. The determination of destitute shall be based on the inability of the firefighters, through no fault of their own, to provide basic provisions to themselves or their families. Such basic provisions include, but are not limited to, assistance with housing, vehicle or commuting expenses, food, clothing, utilities, medical care, and funeral expenses. (3) Repealed by Session Laws 1985, c. 666, s. 61. (4) To provide for the payment of any firefighter's assessment in the Firemen's Fraternal Insurance Fund of the State of North Carolina if the board of trustees finds as a fact that said firefighter is unable to pay the said assessment by reason of disability.

What is the Relief Fund? Firefighters’ Relief Fund uses (cont.) (5) To provide for benefits of (i) supplemental retirement, including payment of firefighters' monthly assessments for the North Carolina Firefighters' and Rescue Squad Workers' Pension Fund, (ii) workers compensation, including the payment of premiums to the Workers' Compensation Fund established under N.C.G.S. 58-87-10, and (iii) other insurance and pension protection for firefighters otherwise qualifying for benefits from the Firefighters' Relief Fund as set forth in Article 85 of this Chapter. (6) To provide for educational benefits to firefighters and their dependents who otherwise qualify for benefits from the Firefighters' Relief Fund as set forth in Article 85 of this Chapter. (7) To provide for annual physicals that are required for firefighter positions by the Department of Labor or are recommended by the National Fire Protection Association.

Gross Premium Tax (GPT) All insurance companies licensed in North Carolina pay a tax on gross premiums collected for insurance contracts for fire and lightning property coverage. Simple Definition: .074 Cents per $100 of any N.C. insurance policy containing fire and lightning coverage (homeowners, renters, etc.).

Distribution Amounts Distribution Amounts: Relief Fund (20%) Volunteer Safety Workers’ Comp Fund (20%) Volunteer Fire Department Grants (20%) General Fund redistributed to F&R Pension (40%)

GPT Example 2013 Funding: $30,364,035.00 Total Collected $6,072,807.00 VSWCF (20%) $6,072,807.00 Grants (20%) $6,072,807.00 Relief Funds (20%) $12,145,614.00 State General Fund (Directed to Pension Fund with additional funding from the state if needed.) $180,000.00 NC State Firemen's Association (3%) $155,000.00 OSFM Grants Administration (2%) $120,000.00 OSFM Relief Fund (2%)

How is it funded? All county tax administrators report to the N.C. Department of Insurance the county population and the property tax value for each rated fire insurance district. Checks are then sent electronically to all departments with the provided relief fund account numbers.

Changes in Reporting The Report of Fire Conditions has been renamed the Firefighters Relief Fund Board of Trustees Report, or Board of Trustees Report (BTR) for short. This was done because the Report of Fire Conditions was an outdated title that was used for collecting data that is no longer required.

North Carolina Identity Management Account OSFM now requires all users of our new database to establish a North Carolina Identity Management Account (NCID). This account must be established in the fire chief’s name and be an individual account. Only the fire chief may access this new database. Others may not use the fire chief’s NCID account to access this database.

North Carolina Identity Management Account If the chief wishes to allow another authorized member to have access to this database, they have an option to assign an administrative assistant.

Finance Officer Delegation The City/County Finance Officer has the option to delegate the responsibility for the BTR to the local fire chief. (NCGS 58-84-46) Several counties and cities have exercised this option. This means the responsibility to file the Board of Trustees Report now belongs to the local fire chief.

Rules for Participation Must elect relief fund board of trustees: Two are elected by the fire department. Two are appointed by the City or County Commissioners. One is appointed by the Insurance Commissioner. One of the five members will be elected as the relief fund treasurer. (All local relief fund treasurers are covered by a bond for losses in excess of $25,000 and up to a max of $1,000,000, which is paid from the administrative fees.)

Rules for Participation Department must be a member of the N.C. State Firemen’s Association. For information, contact the Executive Director at 1-800-253-4377. Financial report of local relief fund: Submitted to N.C. State Firemen’s Association. Form is available to the department from NCSFA in June. Must be received annually by NCSFA by October 31.

Rules for Participation Firefighters’ Relief Fund Board of Trustees Report: Filed with the N.C. Dept. of Insurance. Filed annually by October 31. NCDOI notifies each City and/or County Clerk-Finance Officer in August to file the report. Required by N.C.G.S. 58-84-46 for all rated fire districts. Provides the local relief fund board of trustees names and identifies the treasurer.

How Funds Can Be Spent Two Classes of Relief Fund Uses: Uses controlled by the LRFB. The following uses are allowable if the LRFB has reviewed and approved them: To assist financially any firefighter in active service for a sickness or injury contracted in the line of duty. The amount is dependent on need and availability of funds as determined by the LRFB upon review and the annual earning capability of the individual.

How Funds Can Be Spent Two Classes of Relief Fund Uses: Uses controlled by the LRFB To provide reasonable support to family or dependents of a firefighter who may lose their life in the line of duty by accident or sickness. The amount is dependent on need and availability of funds as determined by the LRFB upon review and the annual earning capability of the individual. To pay premiums in the Fraternal Insurance Fund of N.C., if the firefighter is a member and the LRFB has determined the firefighter cannot pay for reasons of disability.

How Funds Can Be Spent Two Classes of Relief Fund Uses: Uses controlled by the LRFB, but require approval from the NCSFA. The reason for the review and approval of the NCSFA Executive Director is to ensure it is an allowable use, the fund is “financially sound” or stable, and the use will not reduce the funds to an extent where they would not be available for uses.

How Funds Can Be Spent Two Classes of Relief Fund Uses: Uses controlled by the LRFB, but require approval from the NCSFA If a firefighter becomes financially destitute, the LRFB can request the use of funds to be used to assist the firefighter.

How Funds Can Be Spent Two Classes of Relief Fund Uses: Uses controlled by the LRFB, but require approval from the NCSFA. Upon approval of the LRFB and a request made and approval given by the Executive Director of the N.C. State Firemen’s Association, the payment of monthly assessments in the N.C. Firefighters’ and Rescue Squad Workers’ Pension Fund is allowed.

Relief Fund Changes 2014 Additional uses of Local Relief Funds: Fire and Rescue Squad Workers’ Pension Premium. Workers’ Compensation Premiums. Annual physicals required or recommended by N.C. Dept. of Labor or NFPA.

Relief Fund Changes 2014 Modernization of language and definitions (i.e. firemen – firefighter). Local and State Board to manage funds prudently according to Chapter 36E (GS 36E). Increased reporting requirements. Electronic transfer of checks from NCDOI.

Relief Fund Changes 2014 New definition of destitute added: The determination of destitute shall be based on the inability of the firefighters, through no fault of their own, to provide basic provisions to themselves or their families. Such basic provisions include, but are not limited to assistance with housing, vehicle or commuting expenses, food, clothing, utilities, medical care and funeral expenses.

Relief Fund Changes 2015 New definition of firefighter added: Firefighter – Any person who meets all of the following requirements: Is a volunteer, employee, contractor or member of a rated and certified fire department. Performs work or training connected with fire protection, fire prevention, fire control, fire education, fire inspection, fire investigation, rescue, Emergency Medical Services, special operations or performs the statutory duties and responsibilities of the fire chief as set forth in N.C.G.S. 160A-292.

Relief Fund Changes 2015 (continued) Performs work or training at the direction of the fire chief. Is included on the certified roster submitted to the N.C. State Firemen’s Association pursuant to N.C.G.S. 58-86-25.

Relief Fund Changes 2014 Financially Unsound defined: A local fund could not sustain a requested expenditure or could not make similar payments for five years without the local fund's balance falling below the greater of the following: 1) $500 multiplied by the number of eligible firefighters in the local department. 2) $20,000.

Relief Fund Changes 2014 Increased Reporting Requirements starting in 2015: Details on the disbursements from local relief funds, including how much was disbursed for each allowable purpose and how many members received disbursements for those purposes.

Relief Fund Changes 2014 No legislative restriction on amount of spending. A local board of trustees shall not be restricted to making disbursements solely from the interest.

Relief Fund Changes 2014 Local Bills vs. Public Bills What is a local bill? Local bills are bills that are passed to address a specific issue or issues in a local area. These bills are introduced by local legislators on behalf of their constituents and only impact the areas designated within the bill. What is a public bill? Public bills are those bills that are introduced and passed by the General Assembly and impact the state as a whole.

Relief Fund Changes 2014 Repeal of Local Law Provisions The following provisions contained within any local act enacted or amended prior to January 1, 2014, are hereby repealed: 1) Any redirection, at the time of receipt, of funds directed to a fire district under N.C.G.S. 58-84-25(c) to a fund other than a local relief fund. 2) Any restriction that would be inconsistent with N.C.G.S. 58-84-35(d). 3) Any transfer of interest earned on a local relief fund from the local relief fund to another fund.

Relief Fund Changes 2014 Repeal of Local Law Provisions 4) Any transfer of funds from a local relief fund to a supplemental retirement fund based on the local relief fund exceeding a certain amount. 5) Any allowable expenditures that are not within the scope of the list provided in N.C.G.S. 58-84-35(a). 6) Any variation from the certification requirement under N.C.G.S. 58-84-35(b).

Relief Fund Changes 2014 Repeal of Local Law Provisions Regardless of the type of account in which they are held, relief funds cannot be hidden and must be reported on the annual financial report, and all funds must be administered by the Local Relief Fund Board.

Relief Fund Changes 2014 New Maximum Balance (For July 1, 2015) The balance of a local fire department's Firefighters’ Relief Fund for a given year shall not exceed the product of multiplying the number of members on the department's roster as of January 1 for that year by the sum of $2,500. A local fire department whose relief fund balance at the time of annual financial report exceeds the maximum amount above shall not be entitled to receive a check for that year, and the Insurance Commissioner shall redistribute the funds that the department would have received to other eligible departments, first within the county, then statewide.

Relief Fund Changes 2014 New Maximum Balance Exception: Supplemental Retirement Account (SRA) A board of trustees of a local Firefighters' Relief Fund may, with the authorization of and under guidelines provided by the North Carolina State Firemen's Association, dedicate a portion of the local Firefighters' Relief Fund towards providing supplemental retirement. If this SRA approved by NCSFA is used solely for supplemental retirement within the guidelines provided by the North Carolina State Firemen's Association, then such dedicated amounts shall not count towards the maximum allowable balance under subsection (a) of this section.

Relief Fund Changes 2014 All N.C. firefighters are now protected by NCSFA LODD benefit regardless of membership in the association. The NCSFA AD&D coverage is not included in this statutory requirement. Note: In terms of federal civilian firefighters (Fort Bragg, Cherry Point, Camp Lejeune, Sunny Point, etc.) there are no clear cases to determine if this benefit will pay. It will ultimately be up to the Industrial Commission and any potential case law that may come from such a situation.

Frequently Asked Questions Who has control of the relief fund money? The Local Relief Fund Board of Trustees. My department is owned and operated by municipal government. Do they control the relief fund? No. The Local Relief Fund Board of Trustees controls the funds. Can equipment or other purchases be made with relief fund money? No. N.C.G.S. 58-84-35 defines how the fund can be used.

Frequently Asked Questions Can the Local Relief Fund Board make all disbursement decisions? No. Disbursements for destitute firefighters, supplemental retirement, pension and other insurance protection, and educational benefits must be approved by the Local Board and the NCSFA. This is to ensure the fund balance will remain actuarially sound for its original intent, to assist an injured firefighter.

Frequently Asked Questions Who is responsible to file the membership, financial statement and the Board of Trustees Report? The fire department files: Annual NCSFA membership and the Relief Fund financial statement with the N.C. State Firemen’s Association annually by October 31. The City and/or County Clerk-Finance Officer files: The Board of Trustees Report with the N.C. Department of Insurance annually by October 31.

Frequently Asked Questions Can the Local Relief Fund Board make all disbursement decisions? No. All requests to withdraw money from this fund MUST be approved by the local board and the N.C. State Firemen’s Association. This ensures the fund balance remains actuarially sound for its original intent, to assist an injured firefighter.

Frequently Asked Questions Who appoints the Relief Fund Board of Trustees? The fire department elects two representatives, the City and/or County appoints two representatives, and the N.C. Insurance Commissioner selects one representative. One of the five board members will be elected to serve as the Relief Fund treasurer.

Frequently Asked Questions Do the Relief Fund Board Members have to be residents of the fire district? The two fire department appointees shall be residents of the fire district OR active or retired members of the fire department. The two City/County Commissioner appointees shall be residents of the fire district. The N.C. Insurance Commissioner appointee shall be a resident of the fire district OR an active or retired member of the fire department.

Frequently Asked Questions What is the term for Board Members? The fire department and City/County Commissioners shall hold an election each January to elect their representatives to the board. One member will serve for two years and one member will serve for one year. Thereafter, each year in January they shall elect only one member, and his or her term of office shall be for two years. The N.C. Commissioner of Insurance appointee shall serve at the pleasure of the Insurance Commissioner.