§ 143-166.2. Definitions.
§ 143‑166.2. Definitions.
(a) The term"dependent child" shall mean any unmarried child of the deceasedofficer, fireman, rescue squad worker or senior member of the Civil Air Patrolwhether natural, adopted, posthumously born or whether an illegitimate child asentitled to inherit under the Intestate Succession Act, who is under 18 yearsof age and dependent upon and receiving his chief support from said officer orfireman or rescue squad worker or senior member of the Civil Air Patrol at thetime of his death; provided, however, that if a dependent child is entitled toreceive benefits at the time of the officer's or fireman's or rescue squadworker's or senior Civil Air Patrol member's death as hereinafter provided, heshall continue to be eligible to receive such benefits regardless of his agethereafter; and further provided that any child over 18 years of age who isphysically or mentally incapable of earning a living and any child over 18years of age who was enrolled as a full‑time student at the time of theofficer's, the fireman's, the rescue squad worker's or the senior Civil AirPatrol member's death shall so long as he remains a full‑time student asdefined in the Social Security Act be regarded as a dependent child andeligible to receive benefits under the provisions of this Article.
(b) The term"dependent parent" shall mean the parent of the deceased officer,fireman, rescue squad worker or senior member of the Civil Air Patrol, whethernatural or adoptive, who was dependent upon and receiving his total and entiresupport from the officer, fireman, rescue squad worker or senior member of theCivil Air Patrol at the time of the injury which resulted in his death.
(c) The term"killed in the line of duty" shall apply to any law‑enforcementofficer, fireman, rescue squad worker who is killed or dies as a result ofbodily injuries sustained or of extreme exercise or extreme activityexperienced in the course and scope of his official duties while in thedischarge of his official duty or duties. When applied to a senior member ofthe Civil Air Patrol as defined in this Article, "killed in the line ofduty" shall mean any such senior member of the North Carolina Wing‑CivilAir Patrol who is killed or dies as a result of bodily injuries sustained or ofextreme exercise or extreme activity experienced in the course and scope of hisofficial duties while engaged in a State requested and approved missionpursuant to Article 11 of Chapter 143B of the General Statutes. For purposes ofthis Article, when a law enforcement officer, fireman, rescue squad worker, orsenior Civil Air Patrol member dies as the direct and proximate result of amyocardial infarction suffered while on duty or within 24 hours afterparticipating in a training exercise or responding to an emergency situation,the law enforcement officer, fireman, rescue squad worker, or senior Civil AirPatrol member is presumed to have been killed in the line of duty.
(d) The term "law‑enforcementofficer", "officer", or "fireman" shall mean a sheriffand all law‑enforcement officers employed full‑time, permanent part‑time,or temporarily by a sheriff, the State of North Carolina or any county ormunicipality thereof, whether paid or unpaid; and all full‑time custodialemployees and probation and parole officers of the North Carolina Department ofCorrection; and all full time institutional and full‑time, permanent part‑time,and temporary detention employees of the Department of Juvenile Justice andDelinquency Prevention and full‑time, permanent part‑time, andtemporary detention officers employed by any sheriff, county or municipality,whether paid or unpaid. The term "firemen" shall mean both"eligible firemen" as defined in G.S. 58‑86‑25 and allfull‑time, permanent part‑time and temporary employees of the NorthCarolina Division of Forest Resources, Department of Environment and NaturalResources, during the time they are actively engaged in fire‑fightingactivities; and shall mean all full‑time employees of the North CarolinaDepartment of Insurance during the time they are actively engaged in fire‑fightingactivities, during the time they are training fire fighters or rescue squadworkers, and during the time they are engaged in activities as members of theState Emergency Response Team, when the Team has been activated; and shall meanall otherwise eligible persons who, while actively engaged as firefighters orrescue squad workers, are acting in the capacity of a fire or rescue instructoroutside their own department or squad. The term "rescue squad worker"shall mean a person who is dedicated to the purpose of alleviating humansuffering and assisting anyone who is in difficulty or who is injured orbecomes suddenly ill by providing the proper and efficient care or emergencymedical services. In addition, this person must belong to an organized rescuesquad which is eligible for membership in the North Carolina Association ofRescue Squads, Inc., and the person must have attended a minimum of 36 hours oftraining and meetings in the last calendar year. Each rescue squad belonging tothe North Carolina Association of Rescue Squads, Inc., must file a roster ofthose members meeting the above requirements with the State Treasurer on orabout January 1 of each year, and this roster must be certified to by thesecretary of said association. In addition, the term "rescue squadworker" shall mean a member of an ambulance service certified by theDepartment of Health and Human Services pursuant to Article 7 of Chapter 131Eof the General Statutes. The Department of Health and Human Services shallfurnish a list of ambulance service members to the State Treasurer on or aboutJanuary 1 of each year. The term "Civil Air Patrol members" shallmean those senior members of the North Carolina Wing‑Civil Air Patrol 18years of age or older and currently certified pursuant to G.S. 143B‑491(a).The term "fireman" shall also mean county fire marshals when engagedin the performance of their county duties. The term "rescue squadworker" shall also mean county emergency services coordinators whenengaged in the performance of their county duties.
(e) The term"spouse" shall mean the wife or husband of the deceased officer,fireman, rescue squad worker or senior Civil Air Patrol member who survives himand who was residing with such officer, fireman, rescue squad worker, or seniorCivil Air Patrol member at the time of and during the six months next precedingthe date of injury to such officer, fireman, rescue squad worker or seniorCivil Air Patrol member which resulted in his death and who also resided withsuch officer, fireman, rescue squad worker or senior Civil Air Patrol memberfrom that date of injury up to and at the time of his death and who remainsunmarried during the time benefits are forthcoming; provided, however, the partof this section requiring the spouse to have been residing with the deceasedofficer, fireman, rescue squad worker or senior Civil Air Patrol member for sixmonths next preceding the date of the injury which resulted in his death shallnot apply where marriage occurred during this six‑month period or wherethe officer, fireman, rescue squad worker or senior Civil Air Patrol member wasabsent during this six‑month period due to service in the armed forces ofthis country.
(f) The term"official duties" means those duties performed while en route to,engaged in, or returning from training, or in the course of responding to,engaged in or returning from a call by the department of which he is a member,or from a call for assistance from any department or such organization withinthe State of North Carolina or within a service area contiguous to the bordersof the State of North Carolina, when served or aided by a department fromwithin the State of North Carolina. While within the State of North Carolina,any eligible person, as defined in this section or in G.S. 58‑86‑25,who renders service or assistance, of his own volition, at the scene of anemergency, is performing his official duties when:
(1) Reasonably apparentcircumstances require prompt decisions and actions to protect persons andproperty; and
(2) The necessity ofimmediate action is so reasonably apparent that any delay in acting wouldseriously worsen the property damage or endanger any person's life. (1959, c. 1323, s. 1; 1965,c. 937; 1969, c. 1025; 1973, c. 634, s. 2; c. 955, ss. 1, 2; 1975, c. 19, s.49; c. 284, s. 7; 1977, c. 1048; 1979, c. 516, ss. 2, 3; c. 869; 1981, c. 944,s. 1; 1983, c. 761, s. 237; 1987, c. 812; 1987 (Reg. Sess., 1988), c. 1050, s.1; 1989, c. 727, s. 218(97); 1989 (Reg. Sess., 1990), c. 1024, s. 32; 1991(Reg. Sess., 1992), c. 833, s. 5; 1997‑443, ss. 11A.118(a), 11A.119(a);2000‑137, s. 4(y); 2003‑284, s. 30.18A(b); 2004‑124, s.31.18C(a); 2005‑276, s. 29.30C; 2005‑376, s. 1; 2008‑163, s.1.)