Current Status Bill Number:4483 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980122 Primary Sponsor:Knotts All Sponsors:Knotts, Koon, Quinn, R. Smith, G. Brown, Vaughn, Littlejohn and Keegan Drafted Document Number:jic\5108htc.98 Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Police Officers Retirement System, wilful negligence added in denial of benefits where employee failed to wear vest
Body Date Action Description Com Leg Involved
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House 19980122 Introduced, read first time, 30 HWM
referred to Committee
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TO AMEND 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL PENSION PAID TO THE SPOUSE OR CERTAIN OTHER SURVIVORS OF A MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM WHO DIES IN SERVICE FROM VIOLENCE OR HAZARD PECULIAR TO THE MEMBER'S EMPLOYMENT WHILE IN THE ACTUAL PERFORMANCE OF OFFICIAL DUTIES, SO AS TO PROVIDE THAT THE WILFUL NEGLIGENCE WHICH RESULTS IN THE DENIAL OF THE BENEFIT EXTENDS TO THOSE INSTANCES IN WHICH THE MEMBER FAILED TO WEAR A PROTECTIVE VEST ISSUED BY HIS EMPLOYER IN CONTRAVENTION OF THE EMPLOYER'S POLICY ON WEARING SUCH VESTS, AND THIS FAILURE CONTRIBUTED TO THE DEATH OF THE MEMBER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The third paragraph of Section 9-11-140 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"Upon receipt of the proper proofs of death of an eligible member in service whose death was a natural and proximate result of an injury by external accident or violence incurred while undergoing a hazard peculiar to the member's employment while in the actual performance of duty, provided that the death was without wilful negligence on the part of the deceased and upon the finding and certification by the board that the death occurred, there must be paid to the member's surviving spouse, a pension of fifty percent of the member's compensation at the time of death. If there is no surviving spouse, or if the surviving spouse dies before the youngest child of the deceased member has attained the age of eighteen, the pension is paid to the children, divided in a manner as the board determines to continue for the benefit of the children until every child dies or attains the age of eighteen. If there is no surviving spouse or children under the age of eighteen years living at the death of the member, the pension must be paid to the member's surviving father or mother, or both, as the board may direct to continue for life. If the member at the time of his death does not leave a surviving spouse, or children under the age of eighteen, or surviving parents, no death benefit is payable under this section. The death benefit is payable apart and separate from the payment of any other benefits payable on the member's death pursuant to the provisions of Sections 9-11-110, 9-11-120, and 9-11-130. It is considered wilful negligence of the deceased if the member failed to wear a protective vest issued by the member's employer in contravention of the employer's policy of wearing such vests, and this failure contributed to the member's death. The board may review all records it considers necessary to make this determination, including medical records or the report of a postmortem examination."
SECTION 2. This act takes effect July 1, 1998.