H*3175(Rat #0134, Act #0064 of 2001)  General Bill, By Clyburn, Wilder, 
Cobb-Hunter and Whipper
 A BILL TO AMEND SECTION 9-1-1795, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE EXEMPTION FROM THE EARNINGS LIMITATION FOR RETIRED
 CERTIFIED TEACHERS EMPLOYED IN GEOGRAPHIC OR CRITICAL ACADEMIC NEED AREAS, SO
 AS TO PROVIDE THAT BEGINNING JULY 1, 2001, ANY RETIRED CERTIFIED SCHOOL
 TEACHER OR CERTIFIED EMPLOYEE MAY BE EMPLOYED IN A SCHOOL OR SCHOOL DISTRICT
 WHICH IS IN A CRITICAL GEOGRAPHIC NEED AREA OR HAS RECEIVED A 'BELOW AVERAGE'
 OR 'UNSATISFACTORY' ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION
 ACCOUNTABILITY ACT WITHOUT PENALTY FROM THE SOUTH CAROLINA RETIREMENT SYSTEM;
 AND TO AMEND SECTION 9-9-110, RELATING TO THE EFFECT OF THE RETURN TO STATE
 SERVICE OF A BENEFICIARY OF THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO
 FURTHER PROVIDE FOR THE ELECTIONS AVAILABLE TO A PERSON RECEIVING GENERAL
 ASSEMBLY RETIREMENT BENEFITS WHO RETURNS TO SERVICE AS A MEMBER OF THE GENERAL
 ASSEMBLY.-AMENDED TITLE

   12/20/00  House  Prefiled
   12/20/00  House  Referred to Committee on Ways and Means
   01/09/01  House  Introduced and read first time HJ-80
   01/09/01  House  Referred to Committee on Ways and Means HJ-80
   04/19/01  House  Committee report: Favorable with amendment Ways
                     and Means HJ-8
   04/25/01  House  Debate interrupted HJ-30
   04/25/01  House  Amended HJ-34
   04/25/01  House  Read second time HJ-35
   04/26/01  House  Read third time and sent to Senate HJ-17
   04/26/01  Senate Introduced and read first time SJ-11
   04/26/01  Senate Referred to Committee on Finance SJ-11
   05/23/01  Senate Recalled from Committee on Finance SJ-3
   06/05/01  Senate Read second time SJ-20
   06/05/01  Senate Ordered to third reading with notice of
                     amendments SJ-20
   06/06/01  Senate Amended SJ-111
   06/06/01  Senate Read third time and returned to House with
                     amendments SJ-111
   06/07/01  House  Concurred in Senate amendment and enrolled HJ-9
   06/07/01         Ratified R 134
   06/28/01         Signed By Governor
   07/03/01         Effective date 06/28/01
   07/03/01         Copies available
   07/18/01         Act No. 64

AN ACT TO AMEND SECTION 9-1-1795, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE EARNINGS LIMITATION FOR RETIRED CERTIFIED TEACHERS EMPLOYED IN GEOGRAPHIC OR CRITICAL ACADEMIC NEED AREAS, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2001, ANY RETIRED CERTIFIED SCHOOL TEACHER OR CERTIFIED EMPLOYEE MAY BE EMPLOYED IN A SCHOOL OR SCHOOL DISTRICT WHICH IS IN A CRITICAL GEOGRAPHIC NEED AREA OR HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT WITHOUT PENALTY FROM THE SOUTH CAROLINA RETIREMENT SYSTEM; AND TO AMEND SECTION 9-9-110, RELATING TO THE EFFECT OF THE RETURN TO STATE SERVICE OF A BENEFICIARY OF THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO FURTHER PROVIDE FOR THE ELECTIONS AVAILABLE TO A PERSON RECEIVING GENERAL ASSEMBLY RETIREMENT BENEFITS WHO RETURNS TO SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY.

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

Earnings limitation revised

SECTION 1. Section 9-1-1795 of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"Section 9-1-1795. (A) A retired member of the system may return to employment covered by the system without affecting the monthly retirement allowance he is receiving from the system if the retired member is a certified teacher and is employed by a school district to teach in the classroom in his area of certification in a critical academic need area or geographic need area as defined by the State Board of Education.

(B) For the provisions of this section to apply, the Department of Education must review and approve, from the documentation provided by the school district, that no qualified, nonretired member is available for employment in the position, and that the member selected for employment meets the requirements of this section. However, a school district may not consider a member of the system for employment before May thirty-first of each year. After approval is received from the Department of Education, school districts must notify the State Board of Education of the engagement of a retired member as a teacher and the department must notify the State Retirement System of his exemption from the earnings limitation. If the employing district fails to notify the department of the engagement of a retired member as a teacher, the district shall reimburse the system for all benefits wrongly paid to the retired member.

(C) A school district 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 district, regardless of whether the retired member is a full-time or part-time employee, a temporary or permanent employee. If a district which 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 district by the State.

(D) Beginning July 1, 2001, any retired certified school teacher or certified employee may be employed in a school or school district which is in a critical geographic need area or has received a 'below average' or 'unsatisfactory' academic performance rating pursuant to the Education Accountability Act without penalty from the South Carolina Retirement System."

Return to service as a member of the General Assembly

SECTION 2. Section 9-9-110 of the 1976 Code is amended to read:

"Section 9-9-110. If a retired member returns to service as a member of the General Assembly, the retired member may elect to become a contributing member of the system or may elect to remain a retiree and continue to receive a retirement benefit. The election pursuant to this paragraph is irrevocable and applies for as long as that person serves thereafter in the General Assembly, including service in both regular and extra sessions.

If a retired member returning to serve as a member of the General Assembly elects to become a contributing member, the retired member must be credited with all service standing to the retired member's credit at the time of retirement and the retirement allowance payable upon the person's subsequent retirement must be based on the total of the person's credited service rendered before and after return to service.

If a retired member returning to serve as a member of the General Assembly elects to remain a retiree, the retired member may continue to receive a retirement benefit while serving in the General Assembly. A retired member returning to service in the General Assembly who elects to continue to receive a retirement benefit pursuant to this paragraph shall make no further contributions to the system, shall earn no further service credit, may not reenter membership in the system, and has elected to receive a retirement allowance in lieu of receiving the constitutionally mandated per diem salary, currently established at ten thousand four hundred dollars for a regular session.

Notwithstanding any other provision of law, if a retired member returns to service in a position other than as a member of the General Assembly that is covered by the South Carolina Retirement System, the Police Officers Retirement System, or the Retirement System for Judges and Solicitors, the member is subject to the same earnings limitation as under the South Carolina Retirement System."

Time effective

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

Ratified the 7th day of June, 2001.

Approved the 28th day of June, 2001.