Federal and state resources available for first responders, law enforcement and firefighters

A Guide to Federal and State Benefits Available to Firefighters, First Responders, and Law Enforcement

 

I. NC WORKERS’ COMPENSATION (NC Gen. Stat. Chapter § 97-1, et. seq)

• Administered by NC Industrial Commission
• Open to anyone who works for an employer with 3 or more employees
• Two-year statute of limitations from date of diagnosis, or date last worked due to illness, whichever is later
• Injury: Must show an injury by accident arising out of and in the course and scope of employer; OR
• Occupational Disease: Must show that employee contracted an illness or disease which is characteristic of a particular occupation, excluding ordinary diseases of life to which the general public is equally exposed meaning:
• The employment must be a causal factor of the development of the disease, not the causal factor
• And, the employment placed the employee at an increased risk than the general public for contracting the disease
• However, no presumptions for first responders (including COVID, heart attack, stroke or cancer), so must prove standard above
• Up to 500 weeks of 2/3 gross weekly pay if illness prevents you from working in any capacity or if no light duty is offered up to a yearly maximum (currently $1,184/week or $5,130.27 per month)
• Volunteer firefighters are also eligible up to a maximum (currently set at $789.37/week or $3,417.97/mo)
• 7 day waiting period but reimbursed for those 7 days if out of work for at least 21 days
• All medical treatment paid at 100% with no cap on medical benefits
• 500 weeks of death benefits for surviving dependents or next of kin
• Funeral expenses up to $10,000
• Must File a Form 18 Notice of Accident with NCIC with 2 years (most claims are denied so a lawyer is typically necessary to appeal)
• https://www.ic.nc.gov/forms/form18.pdf

 

II. FEDERAL PUBLIC SAFETY OFFICER’S BENEFIT PROGRAM (34 USC § 10281)

• Administered by US Dept of Justice, Bureau of Justice Assistance
• Open to all law enforcement officers, firefighters or other first responders whose death or catastrophic injury was a direct and proximate result of an injury sustained in the line of duty
• One time death benefit to eligible survivors (50% to spouse; remaining 50% split equally among minor children)
• Amount of death benefit fluctuates annually; currently $165,000+
• One-time permanent disability benefit for a public safety officer who sustains injuries in the line of duty that permanently prevents the officer from performing any gainful work in the future
• Education benefit for eligible spouse and children
• Presumptions for death by heart attack, stroke, or vascular rupture
• Web based claims portal www.psob.gov/benefits

 

III. NC PUBLIC SAFETY EMPLOYEES’ DEATH BENEFITS ACT (N.C. Gen. Stat. § 143-166, et seq.)

• Administered by North Carolina Industrial Commission
• Open to all law enforcement officers, firefighters, rescue squad workers and Civil Air Patrol members who die in the line of duty
• One time $100,000 death benefit to eligible survivors
• Educational benefits (see Part VIII below)
• Presumption for eligibility if firefighter dies after contracting one of these cancers:
• Mesothelioma
• Testicular Cancer
• Cancer of Small Intestine
• Esophageal Cancer
• Oral Cavity Cancer
• Pharynx Cancer
• Presumption for heart attack occurring on duty or within 24 hours of responding to an emergency or participating in training exercises
• Online form  https://www.ic.nc.gov/forms/deathben_9.21.fill.pdf
  

IV. LOCAL GOVERNMENAL EMPLOYEES’ RETIREMENT SYSTEM (LGERS) DISABILITY RETIREMENT

• Administered by the NC State Treasurer’s Office
• Open to all participants who have 5 years of creditable service
• Open to all law enforcement who become disabled as a result of a line of duty injury regardless of creditable service
• Provides monthly payment to members permanently and totally disabled from the performance of their usual job.
• Must apply at least one day but not more than 120 days before disability retirement date
• Must resign from employment
• Must not yet be eligible for LGERS unreduced retirement benefit
• Must be certified by State Medical Board as unable to perform duty of job and that inability is likely to be permanent
• Can receive LGERS disability retirement and workers’ compensation at same time without offset
• Access forms online through Orbit portal  https://orbit.myncretirement.com/

V. LGERS STATE PENSION

• Administered by NC State Treasurer’s Office
• A member becomes eligible for LGERS on the hire date and becomes vested upon the completion of 5 years of creditable service.  A member may retire with unreduced service retirement at:*
• Age 65 and completion of 5 years of creditable service; or
• Age 60 and completion of 25 years of creditable service; or
• Any age upon completion of 30 years of creditable service.  
• An employee is eligible for reduced early retirement benefits at
• Age 50 and completion of 20 years of creditable service;
• Age 60 (age 55 for firefighters and rescue squad workers) and 5 years of creditable service.
• A law enforcement officer may retire with unreduced service retirement benefits at:
• Age 55 and completion of 5 years of creditable service as a law enforcement officer; or
•  30 years of creditable service at any age. 
• A law enforcement officer may retire with early retirement benefits at:
•  age 50 and completion of 15 years of creditable service as a law enforcement officer; or
• at any age with 25 years of creditable service, 15 of which has been as a law enforcement officer.
• Form 6 must be signed at least one day and not more than 120 days before the effective retirement date. The effective retirement date can be the first day of any month.     
• Access forms online through Orbit portal  https://orbit.myncretirement.com/

 

VI. FIREFIGHTER AND RESCUE SQUAD WORKERS’ PENSION and DISABILITY FUND

• Administered by NC State Treasurer’s Office
• Open to all firefighters and rescue squad workers who purchase additional disability benefits
• The cost is $10/mo and member must pay into system for 20 years to receive a monthly benefit at retirement.
• A firefighter or rescue squad member may apply for the monthly pension after:
• Having 20 years of creditable service as a firefighter or rescue squad worker; and
• Reaching age 55
• A member can terminate membership in the fund at any time and request a refund of payments previously made.
• A firefighter or rescue squad worker is eligible for pension fund disability retirement after 10 years of creditable service, if the member is certified totally and permanently disabled by the pension fund’s Medical Board and can no longer perform the duties or a firefighter or rescue squad worker.
• The member must still make the $10 per month contribution to the pension fund in order to receive a monthly pension at age 55. However, that $10 contribution is waived if the firefighter or rescue squad worker experiences a line-of-duty disability
• Monthly survivorship benefit is currently $180 beginning the month following the month the firefighter would have turned 55, or month following death if over 55, until the beneficiary dies.
• Access forms online through Orbit portal  https://orbit.myncretirement.com/

 

VII. NORTH CAROLINA FIREFIGHTER CANCER FUND (NC Gen. Stat. 58-87A-1, et seq.)

• Funding established by General Assembly for FY 2021-2023 (July 1, 2021 to June 30, 2023)
• Administered by VFIS, which is a private insurance company
• Firefighter must have 5 continuous years of service in an NC fire department
• Open to all firefighters who receive a cancer diagnosis on or after January 1, 2022
• Claim must be filed before June 30, 2023
• One-time payment of $25,000 per diagnosis of cancer with a maximum payment of $50,000
• Medical reimbursement up to $12,000 per diagnosis of cancer (upon submission of medical receipts)
• 75% of salary or $5,000 per month, whichever is less up to 36 months (following a 6-month waiting period)
• Volunteer firefighters receive $1500 per month for up to 36 months (following a 6-month waiting period)
• Cannot be receiving workers’ compensation benefits
• Any cancer diagnosis is eligible for benefits
• Apply online: https://www.vfisnc.com/ncffcancerbenefitclaims

 

VIII. EDUCATION BENEFITS (NC Gen. Stat. Chapter 115B)

• Administered by NC Industrial Commission
• Open to all spouses and children of a law enforcement officer, firefighter, volunteer firefighter, or rescue squad worker who dies or who is permanent disabled in the line of duty
• Free tuition at any UNC institution for up to 54 months, including universities or community colleges
• Kids Chance of North Carolina provides scholarships to children of workers seriously or fatally injured on the job

 

IX. FEDERAL SOCIAL SECURITY DISABILTY BENEFITS (42 USC § 423)

• Administered by the Social Security Administration
• Open to anyone who has paid in enough in FICA taxes to become fully insured
• Standard is that you have an illness or injury that has lasted or is expected to last for at least 12 months or is terminal
• Not able to engage in any substantial gainful activity
• Monthly disability benefits after a 5-month waiting period
• Medicare eligibility starting 2 years from determination of eligibility for benefits
• Online application https://www.ssa.gov/benefits/disability/

FINAL THOUGHTS

APPLY FOR EVERYTHING! Apart from the cancer fund, receiving one set of benefits does not bar receiving benefits under these other programs.  We are here to help you develop a strategy for applying for all of these benefits so that you and your family can receive the maximum benefits that the law allows.