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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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11/23/2015
Meeting Type
Public Hearing
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Agenda
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E1
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Minutes 11-23-2015
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81 <br /> North Carolina, while engaged in the discharge of the employee's official <br /> duty outside the jurisdictional or territorial limits of the municipality, county, <br /> or the State of North Carolina and while acting pursuant to authorization or <br /> instruction from any superior officer, shall have the same rights under this <br /> Article as if such duty or activity were performed within the territorial <br /> boundary limits of their employer. <br /> Except as otherwise provided herein, every executive officer <br /> elected or appointed and empowered in accordance with the charter and <br /> bylaws of a corporation shall be considered as an employee of such <br /> corporation under this Article. <br /> Any such executive officer of a corporation may, notwithstanding any <br /> other provision of this Article, be exempt from the coverage of the <br /> corporation's insurance contract by such corporation's specifically excluding <br /> such executive officer in such contract of insurance, and the exclusion to <br /> remove such executive officer from the coverage shall continue for the <br /> period such contract of insurance is in effect, and during such period such <br /> executive officers thus exempted from the coverage of the insurance contract <br /> shall not be employees of such corporation under this Article. <br /> All county agricultural extension service employees who do not receive <br /> official federal appointments as employees of the United States Department <br /> of Agriculture and who are field faculty members with professional rank as <br /> designated in the memorandum of understanding between the North <br /> Carolina Agricultural Extension Service, North Carolina State University, A <br /> & T State University, and the boards of county commissioners shall be <br /> deemed to be employees of the State of North Carolina. All other county <br /> agricultural extension service employees paid from State or county funds <br /> shall be deemed to be employees of the county board of commissioners in <br /> the county in which the employee is employed for purposes of workers' <br /> compensation. <br /> The term "employee" shall also include members of the Civil Air Patrol <br /> currently certified pursuant to G.S. 143B-1031(a) when performing duties in <br /> the course and scope of a State-approved mission pursuant to Subpart C of <br /> Part 5 of Article 13 of Chapter 143B of the General Statutes. <br /> "Employee" shall not include any person performing voluntary service as <br /> a ski patrolman who receives no compensation for such services other than <br /> meals or lodging or the use of ski tow or ski lift facilities or any combination <br /> thereof. <br /> "Employee" shall not include any person elected or apointed and <br /> empowered as an executive officer, director, or committee member under the <br /> charter, articles, or bylaws of a nonprofit corporation subject to Chapter <br /> 47A, 47C, 47F, 55A, or 59B of the General Statutes, or any organization <br /> exempt from federal income tax under section 501(c)(3) of the Internal <br /> Revenue Code, who performs only voluntary service for the nonprofit <br /> corporation, provided that the person receives no remuneration for the <br /> voluntary service other than reasonable reimbursement for expenses incurred <br /> in connection with the voluntary service. When a nonprofit corporation as <br /> described herein employs one or more persons who do receive remuneration <br /> other than reasonable reimbursement for expenses, then any volunteer <br /> officers, directors, or committee members excluded from the definition of <br /> "employee" by operation of this paragraph shall be counted as employees for <br /> the sole purpose of determining the number of persons regularly employed <br /> in the same business or establishment pursuant to G.S. 97-2(1). Other than <br /> for the limited purpose of determining the number of persons regularly <br /> employed in the same business or establishment, such volunteer nonprofit <br /> officers, directors, or committee members shall not be "employees" under <br /> the Act. Nothing herein shall prohibit a nonprofit corporation as described <br /> herein from voluntarily electing to provide for workers' compensation <br /> benefits in the manner provided in G.S. 97-93 for volunteer officers, <br /> directors, or committee members excluded from the definition of <br /> House Bill 765-Ratified Session Law 2015-286 Page 7 <br />
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