S*0509(Rat #0119, Act #0072 of 1999)  General Bill, By Drummond

Similar(H 3633)
 A BILL TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM,
 SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION
 UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE
 EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING
 REQUESTS FOR CORRECTION; TO AMEND SECTION 9-4-40, AS AMENDED, RELATING TO
 MEMBERSHIP IN THE STATE RETIREMENT SYSTEM OF MEMBERS OF THE GENERAL ASSEMBLY,
 SO AS TO CHANGE THE RETIREMENT AGE TO SIXTY-TWO FROM SIXTY-FIVE FOR A MEMBER
 CURRENTLY EMPLOYED BY A CORRELATED SYSTEM; TO AMEND SECTION 9-11-10, AS
 AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE POLICE OFFICERS
 RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A "POLICE OFFICER" INCLUDES A PEACE
 OFFICER EMPLOYED BY THE STATE DEPARTMENT OF CORRECTIONS OR THE STATE
 DEPARTMENT OF JUVENILE JUSTICE AND TO PROVIDE THAT THE POLICE OFFICERS
 RETIREMENT SYSTEM APPLIES TO POLICE OFFICERS AS SO DEFINED; AND TO AMEND
 SECTION 24-1-280, RELATING TO PEACE OFFICERS, SO AS TO INCLUDE EMPLOYEES OF
 THE DEPARTMENT OF JUVENILE JUSTICE.-AMENDED TITLE

   02/18/99  Senate Introduced and read first time SJ-6
   02/18/99  Senate Referred to Committee on Finance SJ-6
   03/25/99  Senate Committee report: Favorable Finance SJ-9
   03/30/99  Senate Read second time SJ-20
   03/31/99  Senate Read third time and sent to House SJ-8
   04/06/99  House  Introduced and read first time HJ-17
   04/06/99  House  Referred to Committee on Ways and Means HJ-17
   05/12/99  House  Recalled from Committee on Ways and Means HJ-63
   05/19/99  House  Amended HJ-33
   05/19/99  House  Read second time HJ-44
   05/20/99  House  Read third time and returned to Senate with
                     amendments HJ-13
   05/25/99  Senate Recommitted to Committee on Finance SJ-7
   06/01/99  Senate Recalled from Committee on Finance
   06/01/99  Senate House amendment amended SJ-7
   06/02/99  Senate Returned to House with amendments SJ-6
   06/03/99  House  Concurred in Senate amendment and enrolled HJ-46
   06/09/99         Ratified R 119
   06/11/99         Signed By Governor
   06/11/99         Effective date 06/11/99
   06/11/99         See act for exception to or explanation of
                     effective date
   07/02/99         Copies available
   07/06/99         Act No. 72

AN ACT TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION; TO AMEND SECTION 9-9-40, AS AMENDED, RELATING TO MEMBERSHIP IN THE STATE RETIREMENT SYSTEM OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE RETIREMENT AGE TO SIXTY-TWO FROM SIXTY-FIVE FOR A MEMBER CURRENTLY EMPLOYED BY A CORRELATED SYSTEM; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A "POLICE OFFICER" INCLUDES A PEACE OFFICER EMPLOYED BY THE STATE DEPARTMENT OF CORRECTIONS OR THE STATE DEPARTMENT OF JUVENILE JUSTICE AND TO PROVIDE THAT THE POLICE OFFICERS RETIREMENT SYSTEM APPLIES TO POLICE OFFICERS AS SO DEFINED; AND TO AMEND SECTION 24-1-280, RELATING TO PEACE OFFICERS, SO AS TO INCLUDE EMPLOYEES OF THE DEPARTMENT OF JUVENILE JUSTICE.

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

Effect of change or error in records

SECTION 1. Section 9-1-1670 of the 1976 Code is amended to read:

"Section 9-1-1670. (A) If a change or error in the records results in a member or beneficiary receiving from the system more or less than he would have been entitled to receive had the records been correct, the board shall correct the error and, so far as practicable, adjust the payment so that the actuarial equivalent of the benefit to which the member or beneficiary was correctly entitled is paid.

(B) The system must correct its records relating to a member upon:

(1) written certification from the employer that the employer's records contained an error that affected the enrollment of the member; and

(2) a showing to the system that all other related records and accounts have been corrected and adjusted to correspond to the change requested of the system.

A correction of the records of the system takes effect only upon payment by the employer and employee to the system of costs as determined by the system.

(C) An employer's request to correct a member's record pursuant to subsection (B) must be made within two years of the commission of the error by the employer."

Membership in system

SECTION 2. Section 9-9-40(3) of the 1976 Code, as amended by Act 497 of 1994, is further amended to read:

"(3) As used in this item 'correlated system' shall mean one or more of the following:

(a) South Carolina Retirement System;

(b) South Carolina Police Officers Retirement System;

(c) Retirement System for members of the General Assembly of the State of South Carolina.

If a member of a correlated system ceases to occupy a position covered under the system and if, within the protective period and under the conditions set forth in the correlated system for continuation of membership therein, he accepts a position covered by another correlated system, he shall notify the director of each system of the employment, and his membership in the first system is continued so long as his membership in the other system continues. Service credited to the members under the provisions of the first system is considered service credits for the purpose of determining eligibility for benefits, but not the benefit amount, under the other system. A benefit under any one of the correlated systems must be computed solely on the basis of service and contributions credited under that system and is payable at the times and subject to the age and service conditions set forth. A member is not eligible to receive retirement payments so long as he is employed in a position covered by the South Carolina Retirement System or the South Carolina Police Officers Retirement System. Notwithstanding the provisions of this paragraph, a member of the Retirement System for Members of the General Assembly who is (1) at least sixty-two years of age, (2) not currently serving in the General Assembly, and (3) eligible to receive retirement benefits from the General Assembly system but for the member's current employment covered by a correlated system may elect to receive retirement benefits from the General Assembly system."

Definitions

SECTION 3. Section 9-11-10(6) of the 1976 Code is amended to read:

"(6) 'Police officer' means a person who receives his salary from an employer and who is:

(a) required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in the State;

(b) an employee after January 1, 2000, of the South Carolina Department of Corrections or the Department of Juvenile Justice and by the terms of his employment is a peace officer as defined by Section 24-1-280.

Notwithstanding prior duties performed by a person who is a police officer as defined in this item, the provisions of Section 9-11-40(9) apply to a person who is or who becomes a member of the Police Officers Retirement System."

Employees of departments as peace officers

SECTION 4. Section 24-1-280 of the 1976 Code is amended to read:

"Section 24-1-280. An employee of the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice, while performing his officially assigned duty relating to the custody, control, transportation, or recapture of an inmate within the jurisdiction of his department, or an inmate of any jail, penitentiary, prison, public work, chain gang, or overnight lockup of the State or any political subdivision of it not within the jurisdiction of his department, has the status of a peace officer anywhere in the State in any matter relating to the custody, control, transportation, or recapture of the inmate."

Time effective

SECTION 5. Section 1 and Sections 3, 4, and 5 of this act take effect upon approval by the Governor, except that the provisions of subsection (C) of Section 9-1-1670 do not apply to requests to the system to change its records which are pending on the effective date of this act. Section 2 of this act takes effect July 1, 1999.

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.