North Carolina General Statutes 128-37.2. Continued membership for certain fire departments
Terms Used In North Carolina General Statutes 128-37.2
- Board of Trustees: shall mean the Board provided for in N. See North Carolina General Statutes 128-21
- Contract: A legal written agreement that becomes binding when signed.
- Member: shall mean any person included in the membership of the Retirement System as provided in N. See North Carolina General Statutes 128-21
- Retirement System: shall mean the North Carolina Local Governmental Employees' Retirement System as defined in this Article. See North Carolina General Statutes 128-21
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(a) In order to participate in the Local Governmental Employees’ Retirement System after October 1, 2015, the charter or articles of incorporation of fire departments must include a provision that provides that the governing body of the local government entity that holds the contract with the highest dollar value to the fire department for provision of fire services shall have the authority to remove from office up to fifty percent (50%) plus one member of the Board of Trustees or Board of Directors of the fire department. Before exercising this authority, the local government entity shall notify the affected fire department and give the fire department the opportunity to be heard in a public meeting. When any fire department board member is removed, the resulting vacancy shall be filled pursuant to the bylaws of the fire department.
(b) This section only applies to fire departments that commenced participation in the Local Governmental Employees’ Retirement System between 1977 and 1992 pursuant to Chapter 316 of the Session Laws of 1977 and have contracts to provide fire protection to a city, county, or instrumentality of the State. (2015-88, ss. 10(a), (b).)