PFFPNC

PFFPNC Lobbyists were able to assist Rep. David Lewis with the Fire and Rescue Pension Withdrawal (HB 1073). A number of fire fighters who had changed departments complained that their old employer (department) withdrew their Fire and Rescue Pension contributions, some of which they paid themselves. As a result, at their new employment, the fire fighter had to start from day one with no years of credit in the system. The committee’s discussion was what should be done with contributions made by the Department on the behalf of the employee.

The PFFPNC spoke in committee and explained that whether or not the employee is a volunteer or career, any contributions to the pension fund by the department is considered as compensation for their service to the department. We were asked by the Committee Chair to meet with Rep. Lewis, Legislative Fiscal Research, Stanley Moore, and NCSFA Lobbyist Fred Bone and work out language that would be satisfactory. It is our opinion the courts would take a dim view of the employer reneging on any type of compensation for services rendered. The bill’s language specifies that the money paid to the Retirement System by employers would be paid back to the employee only after five years of service prior to leaving the department.

The Bill was placed on the Calendar on July 1 and later withdrawn and placed on the Calendar on the 8^th. On Wednesday July 8, Senator Rand pulled the bill again with a question; if the System lost money why should the fire fighter or EMS personnel get all their contribution back? Fire fighters and EMS personnel called Senator Rand’s office that afternoon and the following morning urging the Senator to support the bill without amendments. On Thursday, the HB 1073 passed the Senate without amendments.