South Carolina General Assembly
115th Session, 2003-2004

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 1158

STATUS INFORMATION

General Bill
Sponsors: Senator Knotts
Document Path: l:\s-jud\bills\knotts\jud0143.jmk.doc

Introduced in the Senate on April 14, 2004
Currently residing in the Senate Committee on Judiciary

Summary: Retired magistrates, educational qualifications when returning to office, grandfather provisions

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/14/2004  Senate  Introduced and read first time SJ-6
   4/14/2004  Senate  Referred to Committee on Judiciary SJ-6

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/14/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 9-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' PARTICIPATION IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND SECTION 22-1-15, RELATING TO REQUIREMENTS AFFECTING MAGISTRATES SERVING IN OFFICE, SO AS TO PROVIDE THAT THE TENURE IN OFFICE OF A MAGISTRATE WHO RETIRES AND RETURNS TO EMPLOYMENT AS A MAGISTRATE AFTER FIFTEEN DAYS CONTINUES AND DOES NOT SUBJECT THE MAGISTRATE UPON REAPPOINTMENT TO MEET THE EDUCATIONAL QUALIFICATIONS OF MAGISTRATES APPOINTED AFTER JUNE 30, 2001.

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

SECTION    1.    Section 9-11-27 of the 1976 Code, as added by Act 226 of 2000, is amended to read:

"Section 9-11-27.    (A)    On and after January 1, 2001, any person who is a magistrate appointed pursuant to Section 22-1-10 shall participate in the South Carolina Police Officers Retirement System for his service as a magistrate.

(B)    From July 1, 2000, to January 1, 2001, a magistrate who elects to transfer credited service received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System may do so upon payment of the accumulated employer and employee contributions and interest in the South Carolina Retirement System plus five percent of his annual salary in effect as of June 30, 2000, for each year of service prorated for periods of less than a year. After January 1, 2001, a magistrate may elect to transfer credited service received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System as provided in Section 9-11-40(9).

(C)(1)    A magistrate who has served continuously in office since on or before June 30, 2001, and is participating in the South Carolina Police Officers Retirement System may retire from the system and be reinstated as a magistrate pursuant to Section 9-11-90(4)(a) without causing a break in tenure in office that subjects the magistrate to the requirements of Section 22-1-10(B)(2)(a) and (b).

(2)    A magistrate who has served continuously in office since on or before June 30, 2005, and is participating in the South Carolina Police Officers Retirement System may retire from the system and be reinstated as a magistrate pursuant to Section 9-11-90(4)(a) without causing a break in tenure in office that subjects the magistrate to the requirements of Section 22-1-10(B)(2)(b)."

SECTION    2.    Section 22-1-15 of the 1976 Code is amended to read:

"Section 22-1-15.    (A)    The provisions of Section 22-1-10(B) do not apply to a magistrate serving on January 1, 1989, during his tenure in office. A magistrate holding office after January 1, 1989, must achieve a high school education or the equivalent educational training as recognized by the State Department of Education within two years of January 1, 1989, and must submit a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education to the South Carolina Court Administration. However, this requirement does not apply to a magistrate with at least five years' service as a magistrate on January 1, 1989. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation, and a magistrate's violation of this subsection terminates his term of office.

(B)    The provisions of Section 22-1-10(B)(2)(a) and (b) do not apply to a magistrate serving on June 30, 2001, during his tenure in office. A magistrate who has served continuously in office since on or before June 30, 2001, and is participating in the South Carolina Police Officers Retirement System may retire from the system and be reinstated as a magistrate pursuant to Section 9-11-90(4)(a) without causing a break in tenure in office that subjects the magistrate to the requirements of Section 22-1-10(B)(2)(a) and (b).

(C)    The provisions of Section 22-1-10(B)(2)(b) do not apply to a magistrate serving on June 30, 2005, during his tenure in office. A magistrate who has served continuously in office since on or before June 30, 2005, and is participating in the South Carolina Police Officers Retirement System may retire from the system and be reinstated as a magistrate pursuant to Section 9-11-90(4)(a) without causing a break in tenure in office that subjects the magistrate to the requirements of Section 22-1-10(B)(2)(b)."

SECTION    3.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Monday, December 7, 2009 at 10:22 A.M.