POLICEMEN AND FIREMEN SPECIAL RELIEF FUND

Raleigh City Code pt. 5, ch. 3

in effect

Raleigh City Code § 5-3001 DEFINITIONS.

Sec. 5-3001. - DEFINITIONS. (a) Fireman: The word fireman as used in this chapter shall mean and include only an employee of the Fire Department of the City, who shall be carried on the official payrolls of the City as a fireman, and who shall be engaged in or subject to active duties in the fighting and extinguishment of fires and in the protection of property and life therefrom, including but not being limited to a driver of a fire truck, a fireman-mechanic, a private, lieutenant, captain, Assistant Chief and Chief of the Fire Department. (b) Policeman: The word policeman as used in this article shall mean and include only an employee of the Police Department of the City, who shall be carried on the official payrolls of the City as a policeman, and who shall be engaged in or subject to active duties as a law enforcement officer for the maintenance of order, preventing and detecting crime, directing traffic, or enforcing laws and ordinances, with power to make arrests, including but not limited to a private, patrolman, sergeant, lieutenant, captain, Assistant Chief, Chief, or other police officer of the Police Department.

Raleigh City Code § 5-3002 CREATION.

Sec. 5-3002. - CREATION. There is hereby created and established a special fund which shall be known as the "Special Fund for Relief of Policemen and Firemen," hereinafter referred to as the "special fund." (Code 1959, §2-48)

Raleigh City Code § 5-3003 ANNUAL APPROPRIATION.

Sec. 5-3003. - ANNUAL APPROPRIATION. Annually, in accordance with the provisions of the Local Government Budget and Fiscal Control Act, Article 3, Chapter 159 of the General Statutes, as amended, the Council shall appropriate from proper municipal revenues an amount sufficient to provide for the compensation payments authorized and directed by this chapter. (Code 1959, §2-49)

Raleigh City Code § 5-3004 GIFTS, BEQUESTS, ETC.; AUTHORITY TO ACCEPT.

Sec. 5-3004. - GIFTS, BEQUESTS, ETC.; AUTHORITY TO ACCEPT. The Finance Director is hereby authorized and directed to accept gifts, bequests and other donations to the "special fund" from any person; provided that any and all such gifts, bequests and other donations shall be accepted and used solely and exclusively for the purposes prescribed and defined by this chapter; and provided, further, that no gift, bequest or other donation intended for this "special fund" shall be accepted if the terms and conditions thereof shall purport to impose special limitations or restrictions upon the use thereof not in accordance with the provisions of this chapter. (Code 1959, §2-51)

Raleigh City Code § 5-3005 REWARD OR COMPENSATION TO POLICEMEN OR FIREMEN, PAYMENT INTO FUND.

Sec. 5-3005. - REWARD OR COMPENSATION TO POLICEMEN OR FIREMEN, PAYMENT INTO FUND. No policeman or fireman in the employ of the City shall be allowed to receive and accept personally for his own use and benefit any reward for the rendition of any service of any kind which such policeman or fireman customarily renders or may be required to render as an employee in the Police or Fire Departments of the City; provided that in the event any person shall offer to pay or tender the payment of any such reward for services, the moneys representing such reward shall be paid immediately to the Finance Director for deposit into the "Special Fund for Relief of Policemen and Firemen" established by this chapter. Any policeman or fireman who shall violate the provisions of this section shall be subject to discharge or suspension from the employment of the City. (Code 1959, §2-52)

Raleigh City Code § 5-3006 TRANSFER OF FUNDS PROHIBITED.

Sec. 5-3006. - TRANSFER OF FUNDS PROHIBITED. None of the moneys appropriated or in any manner donated to the "special fund" established by this chapter shall be transferred to any other fund of the City. Each year any and all surplus moneys existing in the "special fund" shall be included in the budget estimate of the City and shall be included and reflected in the estimate of revenues of the "special fund," in accordance with the Local Government Fiscal Control Act.

Raleigh City Code § 5-3007 PREREQUISITES FOR BENEFITS.

Sec. 5-3007. - PREREQUISITES FOR BENEFITS. (a) Every fireman and policeman of the City who shall be disabled as a result of any injury by accident, or any occupational disease, arising out of and in the course of the employment of such fireman or policeman as an employee of the City under circumstances which shall entitle such fireman or policeman to compensation under the North Carolina Workers' Compensation Act, G.S. Chapter 97, for temporary partial, temporary total, or permanent total disability, within the meaning of that act, shall be deemed to be an indigent and helpless fireman or policeman, as the case may be, within the meaning of §2.14(31) of the Charter and within the meaning of this chapter, and shall be entitled to compensation payable out of the "Special Fund for Relief of Policemen and Firemen," in an amount equal to the difference between the regular average weekly wages after deductions for social security, Federal and state income taxes and retirement benefits of such employee at the time of injury and the amount of weekly compensation to which such employee shall be entitled for such disability under the Workers' Compensation Act during the period of such disability, but in no case shall the period covered by the compensation provided for by this chapter be greater or longer than ninety-eight (98) weeks, effective on and after February 20, 1955; provided, if the disability shall be for a period of not more than twenty-eight (28) days, full wages or salary shall be payable under this chapter for the first week of such disability. (b) The decision of the industrial commission, subject to judicial review as provided by the Workers' Compensation Act, as to any claim for compensation thereunder, shall be conclusive and final upon the question of the right of any fireman or policeman to compensation under the provisions of this chapter. (Code 1959, §2-54; Ord. No. 1981-654, §1, 5-5-81)

Raleigh City Code § 5-3008 INJURIES NOT COVERED.

Sec. 5-3008. - INJURIES NOT COVERED. The provisions of this article shall not apply to any injury or disability which occurred prior to July 1, 1950. (Code 1959, §2-55)

Raleigh City Code § 5-3009 RELATION TO WORKERS' COMPENSATION ACT.

Sec. 5-3009. - RELATION TO WORKERS' COMPENSATION ACT. Unless an injury or disease is compensable under the provisions of the North Carolina Workers' Compensation Act, as amended, such injury or disease, or disability therefrom, shall not be compensable under this chapter. (Code 1959, §2-56)

Raleigh City Code § 5-3010 BENEFITS AS DELAYED COMPENSATION.

Sec. 5-3010. - BENEFITS AS DELAYED COMPENSATION. The compensation provided for under the provisions of this chapter shall be deemed to be delayed compensation to disabled policemen and firemen entitled to such compensation, as herein prescribed, in consideration of public services rendered in extraordinary hazardous and dangerous employment. (Code 1959, §2-57)

Raleigh City Code § 5-3011 ADMINISTRATIVE OFFICER.

Sec. 5-3011. - ADMINISTRATIVE OFFICER. The Finance Director shall be responsible for the proper administration of this chapter.

Raleigh City Code § 5-3012 WORKERS' COMPENSATION ACT INCORPORATED BY REFERENCE.

Sec. 5-3012. - WORKERS' COMPENSATION ACT INCORPORATED BY REFERENCE. For the purpose of determining the right to compensation under the terms of this chapter, the terms and provisions of the North Carolina Workers' Compensation Act, as amended, shall be considered to be a part of this chapter (incorporated by reference) to the extent applicable. (Code 1959, §2-59)

Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT5PUSA_CH3POFISPREFUFetched: 11/1/2026