South Carolina General Assembly

General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998

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PART II                                                                            PAGE 574

 1                       SECTION 51
 2
 3     TO AMEND SECTIONS 1-23-500, 9-8-10, AND 9-8-50, OF THE 1976 CODE, RELATING TO THE CREATION OF THE
 4     OFFICE OF ADMINISTRATIVE LAW JUDGE AND DEFINITIONS AND CREDITED SERVICE FOR PURPOSES OF THE
 5     RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO INCLUDE ADMINISTRATIVE LAW JUDGES IN
 6     THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS.
 7
 8     A.  Section 1-23-500(A) of the 1976 Code, as amended by Act 452 of 1994, is further amended to read:
 9
10           "(A)      There is created the South Carolina Administrative Law Judge Division, which is an agency of the executive branch of the
11     government of this State.  Effective March 1, 1994, The division shall initially consist consists of three administrative law judges and shall
12     consist of a total of six administrative law judges, effective on February 1, 1995. The administrative law judges shall be part of the state
13     employees retirement system."
14
15     B.   Section 9-8-10(16) of the 1976 Code is amended to read:
16
17           "(16)      Judge' means a justice of the Supreme Court, or a judge of the court of appeals, circuit or family court, or of the
18     Administrative Law Judge Division of the State of South Carolina this State."
19
20     C.   Section 9-8-50(1) of the 1976 Code is amended to read:
21
22           "(1)       The credited service of a member shall include includes all service as a judge or solicitor since he last became a member of the
23     System and in respect of which he makes contributions to the System.  For a judge of the Administrative Law Judge Division, credited
24     service also includes all service as a judge since last becoming a member of the South Carolina Retirement System and in respect of which
25     he made contributions to that system.  It shall also include includes, in the case of a member of the System who remained a member
26     continuously until his death or his retirement under the System, service which he was, or would be, entitled to claim as creditable service
27     under any other retirement system of the State of South Carolina, notwithstanding that he may not have been a member of such retirement
28     system if, within twelve months of the date he becomes a member of the System, the full amount of his contributions required to be made
29     under the other system in respect of such service shall be is paid to this System by transfer or otherwise. Such This amount shall must not
30     be less than the amount that the member would have contributed with respect to his position had he been a member of this System for the
31     same period of time, plus interest.
32           On or after July 1, 1980, the Board may determine the contributions required by this section but it shall not be less than four percent of
33     the annual compensation of the position at the time of payment for each year of service."
34     


PART II PAGE 575 1 D. This section takes effect July 1, 1998. 2