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Bill 4405

                    Current Status

Bill Number:                      4405
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000111
Primary Sponsor:                  Kirsh
All Sponsors:                     Kirsh, Meacham-Richardson and Simrill
Drafted Document Number:          l:\council\bills\skb\18109som00.doc
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Subject:                          Retirement Systems and Pensions, no 
                                  benefits paid to public officer or employee 
                                  convicted of felony


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000111  Introduced, read first time,           30 HWM
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-110 SO AS TO PROVIDE THAT NO BENEFITS FROM ANY STATE RETIREMENT SYSTEM OTHER THAN A REFUND OF CONTRIBUTIONS MAY BE PAID TO A STATE OFFICER OR EMPLOYEE CONVICTED AFTER JUNE 30, 2000 OF A FELONY ARISING OUT OF THE PERFORMANCE OF OFFICIAL DUTIES, TO PROVIDE THAT THE DENIAL OF BENEFITS APPLIES TO A SURVIVING SPOUSE OR OTHER BENEFICIARY OF A MEMBER SO CONVICTED, AND TO PROVIDE THOSE OFFICERS AND EMPLOYEES TO WHOM THE DENIAL APPLIES.

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

SECTION 1. Article 1, Chapter 1, Title 9 of the 1976 Code is amended by adding:

"Section 9-1-110. (A) Notwithstanding any other provision of this title, a state officer or employee convicted after June 30, 2000, of a felony under the laws of this State or the United States arising out of the performance of official duties is not eligible to receive any benefits otherwise due the officer or employee from any of the state retirement systems except as provided in subsection (B). This ineligibility similarly applies to benefits which would otherwise be due the officer's or employee's surviving spouse or other beneficiary.

(B) When payment of benefits is denied under this section, the amounts actually contributed or deposited by the individual, less amounts previously refunded or paid as benefits, must be refunded on an appropriate application. The refund may be made to the individual or, if deceased, to the individual's beneficiary as previously designated to the applicable system.

(C) The provisions of this section apply to:

(1) all state employees first employed after June 30, 2000; and

(2) all state officers elected or appointed for a specific term of office for terms commencing after June 30, 2000."

SECTION 2. This act takes effect upon approval by the Governor.

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