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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
CONFERENCE COMMITTEE REPORT ADOPTED -- NOT PRINTED
June 20, 2007
H. 3826
S. Printed 6/6/07--S.
Read the first time April 25, 2007.
TO AMEND SECTION 9-1-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION FOR HOSPITAL EMPLOYEES TO PARTICIPATE OR NOT PARTICIPATE IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE PHYSICIANS EMPLOYED BY THE HOSPITAL, MAKE THE ELECTION AN "OPT-OUT" ELECTION, AND MAKE THIS ELECTION IRREVOCABLE; BY ADDING SECTION 9-8-67 SO AS TO ESTABLISH A NORMAL RETIREMENT AGE OF SIXTY YEARS FOR THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS; TO AMEND SECTION 9-8-60, AS AMENDED, RELATING TO RETIREMENT UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ADD CIRCUIT PUBLIC DEFENDERS AND TO ALLOW CERTAIN MEMBERS OF THAT SYSTEM WHO ARE ELIGIBLE TO RETIRE TO RECEIVE RETIREMENT BENEFITS EITHER DIRECTLY OR INDIRECTLY, BASED ON AGE, WHILE CONTINUING TO SERVE AND TO REQUIRE THESE MEMBERS TO CONTINUE TO MAKE EMPLOYEE CONTRIBUTIONS WHILE IN THIS STATUS; TO AMEND SECTION 9-8-110, AS AMENDED, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH A BENEFIT MAY BE PAID TO A SURVIVING SPOUSE FOLLOWING A MEMBER'S IN-SERVICE DEATH; AND TO AMEND SECTION 9-1-2210, AS AMENDED, RELATING TO THE TEACHER AND EMPLOYEE RETENTION INCENTIVE (TERI) PLAN, SO AS TO ALLOW PARTICIPATION BY A DISABILITY RETIREE RESTORED TO ACTIVE SERVICE WHO REPAYS BENEFITS RECEIVED AND VOIDS HIS OPTIONAL BENEFIT SELECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 9-1-580 of the 1976 Code is amended to read:
"Section 9-1-580. (A) Any persons employed by a hospital, which is an employer under the system by application, in the capacity of a physician, nursing service personnel, technicians, housekeeping personnel, dietary personnel, and laundry personnel, may elect to become or not to become members of the South Carolina Retirement System, if such this option is exercised within thirty days after they enter upon the discharge of their duties. The option provided for in this section is irrevocable.
(B) If for any reason, a determination is made that a person who exercised the option provided for in subsection (A) is entitled to any benefit provided pursuant to this title, the cost to establish service credit must be calculated pursuant to Section 9-1-1140(A). This calculation must be based on the person's current salary or career highest fiscal year salary for any period of time the person was employed in a position that otherwise would have been covered by membership in the system, regardless of whether the person requests to purchase all of the eligible service credit. The calculated cost must be paid solely by the person's employer, the person, or any combination of these.
(C) For purposes of this section, 'physician' means a person who is licensed to practice medicine or osteopathy in this State in accordance with Chapter 47, Title 40."
SECTION 2. Chapter 8, Title 9 of the 1976 Code is amended by adding:
"Section 9-8-67. The normal retirement age for the system established pursuant to this chapter is sixty years."
SECTION 3. A. Section 9-8-60 of the 1976 Code, as last amended by a 2007 act bearing ratification number 154, is further amended by adding a new subsection (7) to read:
"(7)(a) A member who has attained the age of sixty years and is eligible to retire and receive the maximum monthly benefit of one-twelfth of ninety percent of the current active salary of a judge, solicitor, or circuit public defender as provided in subsection (5) may retire and receive a retirement benefit while continuing to serve as judge, solicitor, or circuit public defender until the end of the calendar year in which the member attains the age of seventy-two years. The employee and employer contributions must continue to be paid as if the judge, solicitor, or circuit public defender continuing to serve pursuant to this subsection was an active contributing member, but no additional service credit accrues on account of these contributions. A judge, solicitor, or circuit public defender who retires pursuant to this subsection is not subject to the provisions of Section 9-8-120 unless he has vacated his office.
(b) A member who has not yet reached the age of sixty years, but who is eligible to retire and receive the maximum monthly benefit of one-twelfth of ninety percent of the current active salary of a judge, solicitor, or circuit public defender as provided in subsection (5) may retire and continue to serve as judge, solicitor, or circuit public defender until the end of the calendar year in which the member attains the age of seventy-two years. While a member continues to serve as judge, solicitor, or circuit public defender pursuant to this subsection, the member's normal monthly retirement benefit will be deferred and placed in the system's trust fund on behalf of the member. Upon reaching the age of sixty years, the balance of the member's deferred retirement benefit will be distributed to the member. No interest will be paid on the member's deferred monthly retirement benefit placed in the system's trust fund. The employee and employer contributions must continue to be paid as if the judge, solicitor, or circuit public defender continuing to serve pursuant to this subsection was an active contributing member, but no additional service credit accrues on account of these contributions. A judge, solicitor, or circuit public defender who retires pursuant to this subsection is not subject to the provisions of Section 9-8-120 unless he has vacated his office.
(c) For a member retiring and continuing to serve as judge, solicitor, or circuit public defender pursuant to subsection (7)(b) the additional benefit provided for in subsection (6) will be deferred and placed in the system's trust fund until the member reaches the age of sixty years. Upon reaching the age of sixty years, the additional benefit will be distributed, plus interest, to the member.
(d) For all purposes other than employment, a member retiring and continuing to serve as judge, solicitor, or circuit public defender pursuant to either subsection (7)(a) or (7)(b) is a retired member of the system."
B. Notwithstanding the date of enactment of this or any other act enacted by the General Assembly in the 2007 legislative session amending Section 9-8-60 of the 1976 Code by adding a new subsection (7) therein, Section 9-8-60(7) of the 1976 Code as added by this act is deemed the final and only expression of the General Assembly for the 2007 legislative session in adding a new subsection (7) in Section 9-8-60.
SECTION 4. Section 9-8-110(2) of the 1976 Code, as last amended by Act 139 of 1995, is further amended to read:
"(2) Unless a married member has designated a beneficiary other than his spouse in accordance with subsection (1), upon his death prior to in-service before retirement an allowance equal to one-third of the allowance which would have been payable to him, assuming if he was then eligible to retire on his date of death notwithstanding the vesting requirement of Section 9-8-50(E)(1) and as if he had retired on the date of his death, shall must be paid to his surviving spouse until her death. This allowance is payable in lieu of the lump sum amount payable in accordance with subsection (1). Upon the death of a retired member who has not designated a beneficiary other than a spouse an allowance equal to one-third of the allowance which would have been payable to him, shall must be paid to the surviving spouse until death. For purposes of this subsection, 'retired member' shall include includes those former judges and solicitors who are beneficiaries pursuant to subsection (4) of Section 9-8-60."
SECTION 5. Section 9-1-2210(I) of the 1976 Code, as last amended by Act 153 of 2005, is further amended to read:
"(I) A member is not eligible to participate in the program if the member has participated previously in and received a benefit under this program or any other state retirement system. However, a member who has received a disability benefit, but who has been restored to active service and voided his optional benefit selection pursuant to Section 9-1-1590 and repaid any benefit received is eligible to participate in the program."
SECTION 6. This act takes effect upon approval by the Governor.
/s/Sen. W. Greg Ryberg /s/Rep. W. Brian White
/s/Sen. Thomas C. Alexander /s/Rep. Gilda Cobb-Hunter
/s/Sen. Vincent A. Sheheen /s/Rep. G. Murrell Smith, Jr.
On Part of the Senate. On Part of the House.
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