South Carolina General Assembly
117th Session, 2007-2008

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Indicates Matter Stricken
Indicates New Matter

S. 307

STATUS INFORMATION

General Bill
Sponsors: Senator Grooms
Document Path: l:\council\bills\dka\3133ssp07.doc

Introduced in the Senate on January 23, 2007
Currently residing in the Senate Committee on Finance

Summary: Police retirement system

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/23/2007  Senate  Introduced and read first time SJ-3
   1/23/2007  Senate  Referred to Committee on Finance SJ-3

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/23/2007

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

A BILL

TO AMEND SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REQUIRE A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS REEMPLOYED UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM TO MAKE EMPLOYEE CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM; AND TO AMEND SECTION 9-11-90, AS AMENDED, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE REQUIREMENT THAT A RETIRED MEMBER OF SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS REEMPLOYED IN THE SAME SYSTEM MAKE EMPLOYEE CONTRIBUTIONS.

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

SECTION    1.    Section 9-1-1790(C) and (D) of the 1976 Code, as added by Act 153 of 2005, is amended to read:

"(C)    A retired member of the South Carolina Retirement System and the South Carolina Police Officers System shall pay to the system the employee contribution as if the member were an active contributing member if an employer participating in the system employs the retired member. The retired member does not accrue additional service credit in the system by reason of the contributions required pursuant to this subsection and subsection (B) of this section.

(D) A retired member of the South Carolina Retirement System who is not a member of the Police Officers Retirement System, but is employed in a position that would otherwise be covered by the Police Officers Retirement System, shall not join the Police Officers Retirement System but, notwithstanding any other provision of law, that member is deemed a retired contributing member of the South Carolina Retirement System and shall remit the employee contributions required under subsection (C) of this section to the South Carolina Retirement System and the employer shall remit to the South Carolina Retirement System the employer contribution required by subsection (B). An employer who hires a retiree of the South Carolina Retirement System pursuant to this subsection shall elect to participate as an employer in the South Carolina Retirement System."

SECTION    2.    Section 9-11-90(4) of the 1976 Code, as last amended by Act 153 of 2005, is further amended to read:

"(4)(a)    Notwithstanding the provisions of subsections (1) and (2) of this section, a retired member of the system who has been retired for at least fifteen consecutive calendar days may be hired and return to employment covered by this system or any system provided in this title without affecting the monthly retirement allowance he is receiving from this system. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-11-90(3) apply. If a retired member of the system returns to employment covered by the South Carolina Police Officers Retirement System or any other system provided in this title sooner than fifteen consecutive calendar days after retirement, the member's retirement allowance is suspended while the member remains employed by a participating employer of any of these systems. 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.

(c)    A retired member shall pay to the system the employee contribution as if the member were an active contributing member if an employer participating in the system employs the retired member. The retired member does not accrue additional service credit in the system by reason of the contributions required pursuant to this item and item (b) of this subsection.

(d)    A retired member of the Police Officers Retirement System who is not a member of the South Carolina Retirement System, but is employed in a position that would otherwise be covered by the South Carolina Retirement System, shall not join the South Carolina Retirement System but, notwithstanding any other provision of law, that member is deemed a retired contributing member of the Police Officers Retirement System and shall remit the employee contributions required under item (c) of this subsection to the Police Officers Retirement System and the employer shall remit to the Police Officers Retirement System the employer contribution required by item (b). An employer who hires a retiree of the Police Officers Retirement System pursuant to this subsection shall elect to participate as an employer in the Police Officers Retirement System."

SECTION    3.    Nothing in this act may be construed to require a refund to employees of their contributions made to the South Carolina Police Officers Retirement System on or before June 30, 2007.

SECTION    4.    This act takes effect upon approval by the Governor, and applies for employee contributions otherwise due the South Carolina Police Officers Retirement System after June 30, 2007.

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