Section 143-166.3 - Payments; determination(a) When any covered person is killed in the line of duty, the Industrial Commission shall award a death benefit in the amount of one hundred thousand dollars ($100,000) to be paid to one of the following: (1) The spouse of the covered person if there is a surviving spouse.(2) If there is no surviving spouse, then payments shall be made to any surviving dependent child of the covered person. If there is more than one surviving dependent child, then the payment shall be made to and equally divided among all surviving dependent children.(3) If there is no surviving spouse and no surviving dependent child or children, then payments shall be made to any surviving dependent parent of the covered person. If there is more than one surviving dependent parent, then the payments shall be made to and equally divided between the surviving dependent parents of the covered person.(4) If there is no surviving spouse, surviving dependent child, or surviving dependent parent, then the payment shall be made to the estate of the deceased covered person.(b)[Repealed by 2018 N.C. Sess. Laws 5,s. 35.29-a](c), (d)[Repealed by Session Laws 2015-88, s. 9, effective July 1, 2015](e)[Contingent effective date - see note] On and after July 1, 2016, when any covered person is murdered in the line of duty, in addition to the award under subsection (a) of this section, the Industrial Commission shall award a death benefit in the amount of one hundred thousand dollars ($100,000) to be paid to one of the following: (1) The spouse of the covered person if there is a surviving spouse.(2) If there is no surviving spouse, then payments shall be made to any surviving dependent child of the covered person. If there is more than one surviving dependent child, then the payment shall be made to and equally divided among all surviving dependent children.(3) If there is no surviving spouse and no surviving dependent child or children, then payments shall be made to any surviving dependent parent of the covered person. If there is more than one surviving dependent parent, then the payments shall be made to and equally divided between the surviving dependent parents of the covered person.(4) If there is no surviving spouse, surviving dependent child, or surviving dependent parent, then the payment shall be made to the estate of the deceased covered person.(f) Except as otherwise allowed under subdivisions (a)(4) and (e)(4) of G.S. 143-166, the State Treasurer shall not pay or distribute a death benefit awarded under this section to any person other than the beneficiary or the beneficiary's parent or legal guardian.N.C. Gen. Stat. § 143-166.3
Amended by 2022 N.C. Sess. Laws 14,s. 4.1, eff. 7/1/2022.Amended by 2019 N.C. Sess. Laws 228,s. 3-a, effective retroactively to 4/1/2017.Amended by 2019 N.C. Sess. Laws 228,s. 2-b, (see note regarding contingent effective date).Amended by 2018 N.C. Sess. Laws 5,s. 35.29-a, effective retroactively to 4/1/2017.Amended by 2015 N.C. Sess. Laws 88,s. 9, eff. 7/1/2015.Amended by 2003 N.C. Sess. Laws 0284, s. 30.18A.(a), eff. 7/1/2003.1959, c. 1323, s. 1; 1965, c. 937; 1971, c. 960; 1973, c. 634, s. 2; 1975, c. 284, s. 8.Contingent effective date - Applicability - Section 2.(c) of 2019 N.C. Sess. Laws 228,which added subsection (e) of this section, provides: "This section becomes effective upon appropriation by the General Assembly of funds for the implementation of this section and shall apply to qualifying deaths occurring on or after July 1, 2016."