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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev. 01/04
STATE OF NORTH CAROLINA
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact Vital Records, P. O. Box
27687, Raleigh, NC 27611, phone (518) 434-5045.
STATE DEATH BENEFITS
Law Enforcement Officer's Death Benefit Act
(G.S. Chapter 143, Art. 12A)
1. Monetary
a) $25,000 maximum total benefit.
b) $10,000 upon death, then $5,000 annually for a maximum of three years.
2. Eligibility
a) Full-time law enforcement officer.
b) Killed in the line of duty.
c) Benefits from other sources are not affected by nor interfere with this Act.
3. Benefits Payable to: (listed in order of priority)
a) Spouse.
b) Children.
c) Parents
4. Benefits are exempt from State and local taxes.
5. To file a claim, contact the North Carolina Industrial Commission, Dobbs Building,
430 N. Salisbury Street, Raleigh, NC 27611, telephone (919) 807-2500.
Separate Insurance Benefits Plan for State and Local governmental Law Enforcement
Officers (G.S. Chapter 143, Art. 12F).
1. Monetary
a) A group life insurance benefit for active duty officers of no more than $5,000.
b) A group life insurance benefit for former officers of no more than $4,000.
c) An accidental line-of-duty death benefit of no more than $2,100.
2. Eligibility
a) All law Enforcement officers employed by State or Local governments.
b) Former law enforcement officers previously employed by State or Local governments
more years of service or who are receiving a disability retirement allowance or benefits
from the Disability Income Plan.
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c) Is separate and apart from the TSERS and LGERS (membership in either system is not
a prerequisite).
d) Must have been a member 6 months prior to death, or if an actively employed officer
and death results from an accident at any time after employment.
e) No dues or contributions-funded through costs of court assessed in criminal cases.
3. Benefits Payable to:
a) Surviving spouse or estate if no beneficiary is named, or to another person if the
officer specifies in writing to the Board of Trustee.
4. Benefits are nonforfeitable and exempt from levy, sale, garnishment, or from any State or
Local taxes.
6. To file a claim, contact the Member Services Section of the Retirement Systems Division
of the Department of State Treasurer, Albemarle Building, 325 N. Salisbury Street,
Raleigh, NC 27611, telephone (919) 733-4191.
STATE PENSION BENEFITS
Teachers' and State Employees' Retirement System (TSERS)
Local Governmental Employees' Retirement System (LGERS)
(G.S. Chapter 135) and G.S. Chapter 128)
1. Explanation
a) TSERS applies to law enforcement officers employed by the State. (Includes
Highway Patrol, SBI, ALE, DMV, etc.)
b) LGERS applies to law enforcement officers employed by cities and counties.
(Includes Sheriff Departments, City Police, etc.)
2. Monetary
a) MAXIMUM payment in Lump Sum.
b) Specifically, the payment shall be equal to the highest salary during 12 months in a
row during the 24 months prior to death.
3. Eligibility
a) A law enforcement officer
b) Has contributed 6% of the officer's salary for at least one year.
c) An officer who has died within 180 days from last day of actual service shall be
deemed to be in service at the date of the officer's death.
4. Survivor's Alternate Benefit
a) If the officer named only one beneficiary and the officer was 50 with 15 years of
service, or was 55 with 5 years of service, or had 30 years of service, then that
beneficiary has the option of receiving a refund of the member's accumulated
contributions, or a monthly benefit for life.
5. Benefits Payable to:
a) Any named beneficiary.
7. Benefits are exempt from state or city taxes, or from levy and sale, garnishment,
attachment or any other process.
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8. To file claim, contact the Member Services Section of the Retirement Systems Division
of the Department of State Treasurer, Albemarle Building, 325 N. Salisbury Street,
Raleigh, NC 27611, telephone (919) 733-4191.
EDUCATION BENEFITS
The North Carolina Bar Association offers scholarships to children of law enforcement
officers killed in the line of duty. The scholarship is based on need and merit. The recipient
must be under 27 years old and must be accepted or enrolled at an accepted vocational
school or institute of higher education.
The scholarships are disbursed twice a year to qualifying children. The amount of the
scholarship depends on the amount allotted from the North Carolina Bar Foundation
Endowment Fund. A child may apply for and receive the scholarship more than once.
For more information or for an application, call or write: Scholarship Program, North
Carolina Bar Association, P.O. Box 12806, Raleigh, NC 27605; (919) 677-0561.
POLICE CORPS SCHOLARSHIP FUNDS
The Police Corps is administered by the Office of the Police Corps and Law Enforcement
Education (OPCLEE), within the Office of Justice Programs, US Department of Justice, in
partnership with participating States that have submitted an approved State Plan. Information
can be found at www.ojp.usdoj.gov/opclee.
The Police Corps awards scholarships and reimburses educational expenses to students who
agree to work in a State or local police force for at least four years. Students must pursue an
undergraduate or graduate degree in a course of study which, in the judgment of the State or
local police force to which the participant will be assigned, includes appropriate preparation
for police service. Police Corps funds cover education expenses (including tuition, fees,
books, supplies, transportation, room and board, and miscellaneous expenses) up to $7,500
per academic year, with a limit on total payments to any student of $30,000.
Police Corps scholarship funds are also available to dependent children of law
enforcement officers killed in the line of duty if the death occurred in the state after that
state was approved to participate in the Police Corps program. In North Carolina, the
death must have occurred since August 1996. These scholarships may be applied to any
course of study, without any service or repayment obligation.
Police Corps participants are selected on a competitive basis by each State under regulations
prescribed by OPCLEE.
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For more information, contact: Neil Woodcock and Law Enforcement and Support
Services, phone 919-773-2823, fax 919-773-2845, email pwatson@nccrimecontrol.org, or
visit www.ncpolicecorps.org.
HEALTH BENEFITS
Health plans vary. Check with your local department to determine benefit packages
available.
WORKERS' COMPENSATION
Workers' Compensation coverage is compulsory for employers with 3 or more employees in
North Carolina; however, waivers are permitted.
To receive workers' compensation benefits the surviving spouse must take the initiative and
file a workers' compensation claim through a workers' compensation attorney to receive
any compensation. The determination as to whether the claim will be paid will be determined
by the Workers' Compensation Appeals Board.
Workers' Compensation Act
(G.S. Chapter 97)
1. Monetary
a) Weekly compensation payments equal to 66 2/3% of the average weekly wage of
the deceased employee at the time of the accident with a minimum weekly benefit
of $30 and a maximum benefit of $466 per week for a maximum period of 400
weeks.
b) The maximum is updated annually and is based on average weekly wages in North
Carolina.
c) $3,000 maximum burial expenses are also provided
2. Special Situations
a) Spouse unable to support self because of physical or mental disability which
existed when employee dies, shall receive compensation for lifetime or until
remarriage.
b) Dependent child receives compensation beyond the 400-week limit until 18 years
old.
3. Eligibility
a) Death must be accidental and work related.
b) Employee or his representative must give written notice within 30 days of
occurrence of accident, including full details.
c) Claim must be filled within two years of occurrence of accident which caused
death.
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4. Filing requirements for those employees who become disabled and then die as a result of
this injury differ from the general rule, and can be found in G.S. 97-38.
5. Benefits Payable to: (listed in order of priority)
a) Dependents
b) Next of kin as defined by G.S. 97-40.
6. All compensation is exempt from creditors' claims and state taxes.
7. To file a claim, contact the North Carolina Industrial Commission, Dobbs Building, 430
N. Salisbury Street, Raleigh, NC 27611, telephone (919) 733-4820.
PERSONAL LIFE POLICIES
Separate Insurance Benefits Plan for State and Local Governmental Law-Enforcement
Officers. (G.S. Chapter 143, Art. 12F)
1. Monetary
a) A group life insurance benefit for active duty officers of no more than $5,000.
b) A group life insurance benefit for former officers of no more than $4,000.
c) An accidental line-of-duty death benefit of no more than $2,100.
2. Eligibility
a) All law enforcement officers employed by State or local governments.
b) Is separate and apart from the TSERS and LGERS (membership in either system is
not a prerequisite).
c) Must have been a member for 6 months prior to death.
d) No dues or contributions - funded through costs of court assessed in criminal
cases.
3. Benefits are payable to:
a) Surviving Spouse or estate if no beneficiary is named.
4. Benefits are nonforfeitable, and exempt from levy, sale, garnishment, or from any state or
local taxes.
5. To file a claim, contact the Retirement Systems Division of the Department of State
Treasurer.
PERSONAL LIFE POLICY - INTESTATE
Descent and Distribution: The North Carolina law governing descent and distribution was
completely rewritten by the Instate Succession Act (c. 29) effective July 1, 1960, and
applicable only to estates of persons dying on or after July 1, 1960.
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Shares - When intestate is survived by: (A) spouse and children or descendants of deceased
children, (1) spouse receives first $15,000 of personal property plus one-third of balance and
(2) children and descendants of deceased children receive two-thirds of balance; (B) spouse
and one child or its descendants, (1) spouse receives first $15,000 of personal property plus
one-half of balance and (2) child or its descendants receive one-half of balance; (C) lineal
descendants but no spouse - such lineal descendants receive all property; (D) spouse and
mother and father or survivor but no lineal descendants, (1) spouse receives one-half of real
estate, (2) mother and father, or survivor, receive one-half real estate, (3) spouse receives first
$25,000 of personal property plus one-half balance, and (4) mother and father, or survivor,
receive one-half balance of personal property; (E) mother and father, or survivor, but no
spouse nor lineal descendants - mother and father, or survivor, take all property; (F) spouse
and brother(s) or sister(s) or their descendants but no mother or father - spouse receives
all property; (G) one or more brothers and sisters or their descendants, but no spouse,
lineal descendants, nor parents - brothers and sisters or their descendants receive all
property; (H) grandparents or their descendants, but no spouse, lineal descendants,
parents, nor brothers and sisters or their descendants, (1) maternal grandmother and
grandfather, or survivor, receive one-half of all property and (2) paternal grandmother and
grandfather, or survivor, receive one-half of all property and (3) if no maternal grandparent
survives, then to their descendants, if no paternal grandparents survives, then to their
descendants and if none on one side then all to the other.
Collateral Succession - There is no right of succession by collateral kin who are more than
five degrees of kinship removed from an intestate except to prevent escheat. Degrees of
kinship are computed by the civil law rule.
Surviving Spouse - The following persons lose among other things all right of intestate
succession, and all right to dissent from the will or administer estate of the deceased: (1) A
spouse from whom or by whom an absolute divorce or marriage annulment has been obtained
or from whom a divorce from bed and board has been obtained; or (2) a spouse who
voluntarily separates from the other spouse and lives in adultery and such has not been
condoned; or (3) a spouse who willfully and without just cause abandons and refuses to live
with the other spouse and is not living with the other spouse at time of such spouse's death; or
(4) a spouse who obtains a divorce validity of which is not recognized under the laws of this
state; or (5) a spouse who knowingly contracts a bigamous marriage; or (6) any person who is
considered a slayer of the deceased.
PEER SUPPORT
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professional, and local peer-support organizations to provide assistance to surviving families
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of law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police
survivors nationwide. A COPS chapter is currently forming in North Carolina.
For more information about meeting times and locations contact North Carolina COPS,
John Dees, President, 224 Cherokee Circle, Smithfield, NC 27577, phone 919-938-3493,
email deesbunch@earthlink.net.
Through a grant from the Attorney General of North Carolina, COPS has funds
available to help North Carolina survivors with the expenses of attending National
Police Week activities as well as COPS' hands-on programs throughout the year. For
information contact the COPS National Office, 800-784-2677, cops@nationalcops.org.
ASSOCIATIONS
The North Carolina State Lodge of the Fraternal Order of Police provides a life insurance
policy for its members which pays off upon death in an amount subject to change. The
current amount is approximately $2,500.
The North Carolina Law Enforcement Officers' Association provides a $2,500 benefit for
officers killed in the line of duty. Annual membership dues must be current and only active
association members are considered eligible for this benefit. Designated beneficiaries may
file a claim by contacting the Association.
The North Carolina State Law Enforcement Officers' Association provides a $1,000
survivor benefit to the beneficiaries of active duty sworn law enforcement officers in good
standing with dues paid.
Southern States Police Benevolent Association, Inc.
The PBA member’s beneficiary will receive their base salary for one if year they are killed
accidentally or intentionally while performing their law enforcement duties (maximum
payout: $60,000). The beneficiary will receive $5,000 if it is not an occupational death or if
you are a retired or reserve member. Any active Southern States PBA member in good
standing and dues current will receive this benefit. Contact: Southern States Police
Benevolent Association, Inc., 1900 Brannan Road, McDonough, GA 30253-4310,
telephone 1-800-233-3506, or visit www.sspba.org.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller