State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_135 > GS_135-24

§135‑24.  Contribution fund.

(a)        There is herebyestablished a special fund to be known as the contribution fund. Such fundshall consist of and there shall be deposited in such fund:

(1)        All contributions,interest, and penalties collected under G.S. 135‑22 and 135‑23;

(2)        All moneysappropriated thereto under this Article;

(3)        Any property orsecurities and earnings thereof acquired through the use of moneys belonging tothe fund;

(4)        Interest earned uponany moneys in the fund; and

(5)        All sums recoveredupon the bond of the custodian or otherwise for losses sustained by the fundand all other moneys received for the fund from any other source.

            All moneys in thefund shall be mingled and undivided. Subject to the provisions of this Article,the State agency is vested with full power, authority and jurisdiction over thefund, including all moneys and property or securities belonging thereto, andmay perform any and all acts whether or not specifically designated, which arenecessary to the administration thereof and are consistent with the provisionsof this Article.

(b)        The contributionfund shall be established and held separate and apart from any other funds ormoneys of the State and shall be used and administered exclusively for thepurpose of this Article. Withdrawals from such fund shall be made for, andsolely for

(1)        Payment of amountsrequired to be paid to the Secretary of the  Treasury pursuant to an agreemententered into under G.S. 135‑ 21;

(2)        Payment of refundsprovided for in G.S. 135‑22(c); and

(3)        Refunds ofoverpayments, not otherwise adjustable, made by a political subdivision orinstrumentality.

(c)        From thecontribution fund the custodian of the fund shall pay to the Secretary of theTreasury such amounts and at such time or times as may be directed by the Stateagency in accordance with any agreement entered into under G.S. 135‑21and the Social Security Act.

(d)        The Treasurer ofthe State shall be ex officio treasurer and custodian of the contribution fundand shall administer such fund in accordance with the provisions of thisArticle and the directions of the State agency and shall pay all warrants drawnupon it in accordance with the provisions of this section and with suchregulations as the State agency may prescribe pursuant thereto.

(e)        (1) There arehereby authorized to be appropriated biennially to the contribution fund, inaddition to the contributions collected and paid into the contribution fundunder G.S. 135‑22 and 135‑23, to be available for the purposes ofG.S. 135‑24(b) and (c) until expended, such additional sums as are foundto be necessary in order to make the payments to the Secretary of the Treasurywhich the State is obligated to make pursuant to an agreement entered intounder G.S. 135‑21.

(2)        The State agency shallsubmit to each regular session of the State legislature, at least 90 days inadvance of the beginning of such session, an estimate of the amounts authorizedto be appropriated to the contribution fund by subdivision (1) of thissubsection for the next appropriation period.

(f)         The State agencyshall have the authority to promulgate rules and regulations under which theState agency may make a reasonable charge or assessment against any politicalsubdivision whose employees shall be included in any coverage agreement underany plan of coverage of employees as provided by the provisions of thisArticle. Such charge or assessment shall be determined by the State agency andshall be apportioned among the various political subdivisions of government ina ratable or fair manner, and the funds derived from such charge or assessmentshall be used exclusively by the State agency to defray the cost and expense ofadministering the provisions of this Article. In case of refusal to pay suchcharge or assessment on the part of any political subdivision as defined inthis Article, or in case such charge or assessment remains unpaid for a periodof 30 days, the State agency may maintain a suit in the Superior Court of WakeCounty for the recovery of such charge or assessment. The Superior Court ofWake County is hereby vested with jurisdiction over all such suits or actions.Only such amount shall be assessed against such political subdivision as isnecessary to pay its share of the expense of providing supplies, necessaryemployees and clerks, records and other proper expenses necessary for theadministration of this Article by the State agency, including compensation ofthe State agency for the agency's services. The funds accumulated and derivedfrom such assessments and charges shall be deposited by the State agency insome safe and reliable depository chosen by the State agency, and the Stateagency shall issue such checks or vouchers as may be necessary to defray theabove‑mentioned expenses of administration with the right of therepresentative of any political subdivision to inspect the books and recordsand inquire into the amounts necessary for such administration. (1951,c. 562, s. 3; 1963, c. 687, s. 6.)