H 4460(Rat #0589)  General Bill, By D.E. McTeer
 A Bill to amend Section 9-1-1140, as amended, Code of Laws of South Carolina,
 1976, relating to establishing prior service credit for purposes of the South
 Carolina Retirement System, so as to provide that service credit may be
 established for maternity leave as provided by law if the member applied for
 reemployment within two years of going on maternity leave and was rehired
 within two and one-half years of the beginning of the leave, and to provide
 that maternity leave includes paternity leave, to extend the election period
 for the retirement incentive in the case of certain statewide appointed
 officials and to authorize the director of the Division of Insurance Services
 of the State Budget and Control Board through December 15, 1995, to waive
 certain years of service requirements for state-paid health insurance benefits
 for a retiree.-amended title

   01/12/94  House  Introduced and read first time HJ-12
   01/12/94  House  Referred to Committee on Ways and Means HJ-12
   02/09/94  House  Committee report: Favorable Ways and Means HJ-24
   02/24/94  House  Read second time HJ-399
   02/24/94  House  Unanimous consent for third reading on next
                     legislative day HJ-400
   02/25/94  House  Read third time and sent to Senate HJ-2
   03/01/94  Senate Introduced and read first time SJ-8
   03/01/94  Senate Referred to Committee on Finance SJ-8
   04/14/94  Senate Recalled from Committee on Finance SJ-4
   04/19/94  Senate Amended SJ-34
   04/19/94  Senate Read second time SJ-34
   04/19/94  Senate Ordered to third reading with notice of
                     amendments SJ-34
   05/12/94  Senate Amended SJ-32
   05/12/94  Senate Read third time and returned to House with
                     amendments SJ-32
   05/18/94  House  Senate amendment amended HJ-46
   05/18/94  House  Returned to Senate with amendments HJ-47
   05/26/94  Senate House amendment amended SJ-27
   05/26/94  Senate Returned to House with amendments SJ-28
   06/01/94  House  24 hour point of order HJ-274
   06/02/94  House  Concurred in Senate amendment and enrolled HJ-37
   06/02/94         Ratified R 589
   09/07/94         Vetoed by Governor
   01/17/95  House  Veto sustained Yeas-17  Nays-71

AN ACT TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE AND TO PROVIDE THAT MATERNITY LEAVE INCLUDES PATERNITY LEAVE, TO EXTEND THE ELECTION PERIOD FOR THE RETIREMENT INCENTIVE IN THE CASE OF CERTAIN STATEWIDE APPOINTED OFFICIALS AND TO AUTHORIZE THE DIRECTOR OF THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD THROUGH DECEMBER 15, 1995, TO WAIVE CERTAIN YEARS OF SERVICE REQUIREMENTS FOR STATE-PAID HEALTH INSURANCE BENEFITS FOR A RETIREE.

Be it enacted by the General Assembly of the State of South Carolina:

Retirement credit

SECTION 1. The second unnumbered paragraph of Section 9-1-1140 of the 1976 Code is amended to read:

"Up to one year for each pregnancy, not to exceed a total of three years service credit, may be established for maternity leave if the member pays the full actuarial cost as determined by the board. However, the payment must not be less than eight percent of the annual salary at the time of purchase or the average of the three highest consecutive fiscal years of salary at the time of purchase, whichever is greater, for a year of credit prorated for periods less than a year. To be eligible for maternity leave credit an employee must not be absent from work for more than two years for each pregnancy. However, if following maternity leave a person has applied for reemployment within the two-year period and is hired no later than two and one-half years after the maternity leave began, the person may establish credit as provided in this paragraph. For purposes of this paragraph, maternity leave includes paternity leave."

Retirement incentive

SECTION 2. In the case of a statewide public official appointed by the Governor with the advice and consent of the Senate whose term expired in June 1992, and who continues to serve on a holdover basis on the effective date of this act, the time to make the irrevocable retirement incentive election authorized pursuant to Section 17P.6, Part I, Act 164 of 1993 is extended for a period ending June 30, 1994, if the agency with which the official is associated agrees to the extension. All other requirements of Section 17P.6, Part I, Act 164 of 1993 apply with respect to the eligibility of such an official for the retirement incentive.

Health Insurance

SECTION 3. In a hardship case, the Director of the Division of Insurance Services of the State Budget and Control Board may waive up to two years of the ten years of service requirements of Section 1-11-730(C) of the 1976 Code for state-paid health insurance benefits for a retiree. This waiver authority does not extend to the last five consecutive years requirement and the waiver authority allowed by this section terminates December 15, 1995.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

In the Senate House ____________________________________________.

______________________________________________

President of the Senate

______________________________________________

Speaker of the House of Representatives

Approved the ____________ day of ________________________, 1994.

______________________________________________

Governor

Printer's Date -- June 7, 1994 -- S.