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Current Status Bill Number:View additional legislative information at the LPITS web site.843 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990520 Primary Sponsor:Fair All Sponsors:Fair Drafted Document Number:l:\council\bills\kgh\15733htc99.doc Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Retirement Systems, Police Officers, employment after retired; maximum amount which may earn History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990520 Introduced, read first time, 06 SF referred to Committee Versions of This Bill
TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS PERMANENTLY TO INCREASE THE MAXIMUM TO FORTY THOUSAND DOLLARS IN A FISCAL YEAR, TO REQUIRE AN EMPLOYER TO NOTIFY THE SYSTEM ON HIRING A RETIREE, AND TO REQUIRE THE EMPLOYER TO PAY THE EMPLOYER CONTRIBUTIONS ON AMOUNTS PAID TO RETIREES, AND TO DEDUCT UNPAID CONTRIBUTIONS FROM STATE PAYMENTS OTHERWISE DUE THE EMPLOYER IF THE EMPLOYER FAILS TO MAKE THE REQUIRED CONTRIBUTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 9-1-1790 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
"Section 9-1-1790. (A) A retired member of the system may return to employment covered by the system and earn up to nine thousand five hundred forty thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned nine thousand five hundred forty thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the system who has retired mandatorily because of age pursuant to Section 9-1-1530. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member.
(B) An employer shall pay to the system the employer contribution for active members prescribed by law with respect to any retired member engaged to perform services for the employer, regardless of whether the retired member is a full-time or part-time employee or a temporary or permanent employee. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State."
SECTION 2. Section 9-11-90(4) of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
"(4)(A) Notwithstanding the provisions of subsections (1) and (2) of this section, a retired member of the system may return to employment covered by the system and earn up to nine thousand five hundred forty thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned nine thousand five hundred forty thousand dollars in a fiscal year, his retirement allowance must be discontinued during the period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the system who has retired mandatorily because of age pursuant to Section 9-1-1530. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member.
(B) An employer shall pay to the system the employer contribution for active members prescribed by law with respect to any retired member engaged to perform services for the employer, regardless of whether the retired member is a full-time or part-time employee or a temporary or permanent employee. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State."
SECTION 3. This act takes effect July 1, 1999.
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