South Carolina Legislature


 

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H*4483
Session 108 (1989-1990)


H*4483(Rat #0557, Act #0466 of 1990)  General Bill, By B.H. Harwell, 
J.M. Baxley, J.D. Cole, R.S. Corning, J.G. Felder, Hayes and D.E. Martin
 A Bill to amend Section 9-8-60, as amended, Code of Laws of South Carolina,
 1976, relating to retirement, retirement allowance, disability retirement, and
 beneficiaries concerning judges and solicitors, so as to provide for a monthly
 retirement allowance for a member of the Retirement System for Judges and
 Solicitors who retires after June 30, 1990, and who has completed at least
 twenty-five years of credited service; and to amend Section 9-8-120, relating
 to the provision that no justice or judge, while drawing retirement
 compensation, may engage in the practice of law under certain conditions, so
 as to delete this prohibition and provide that a justice or judge drawing
 retirement compensation who engages in the practice of law may not serve as a
 justice or judge in any court in this State.-amended title

   01/24/90  House  Introduced and read first time HJ-61
   01/24/90  House  Referred to Committee on Judiciary HJ-61
   02/21/90  House  Committee report: Favorable with amendment
                     Judiciary HJ-8
   02/28/90  House  Amended HJ-40
   02/28/90  House  Read second time HJ-41
   03/01/90  House  Read third time and sent to Senate HJ-9
   03/01/90  Senate Introduced, read first time, placed on calendar
                     without reference SJ-13
   03/07/90  Senate Special order SJ-35
   03/14/90  Senate  Second reading rejected- removed from calendar SJ-1
   03/15/90  Senate Reconsidered SJ-12
   03/20/90  Senate Special order SJ-25
   03/27/90  Senate Amended SJ-40
   03/27/90  Senate Read second time SJ-40
   03/27/90  Senate Ordered to third reading with notice of
                     amendments SJ-40
   03/28/90  Senate Special order SJ-194
   04/05/90  Senate Amended SJ-48
   04/05/90  Senate Debate interrupted SJ-50
   04/11/90  Senate Amended SJ-70
   04/11/90  Senate  Time certain to vote on Tuesday, April 17 at
                     12:30 SJ-73
   04/11/90  Senate Debate interrupted SJ-74
   04/17/90  Senate Amended SJ-30
   04/17/90  Senate Read third time and returned to House with
                     amendments SJ-34
   04/18/90  House  Senate amendment amended
   04/18/90  House  Returned to Senate with amendments
   04/19/90  Senate Concurred in House amendment and enrolled SJ-39
   05/01/90         Ratified R 557
   05/07/90         Signed By Governor
   05/07/90         Effective date 05/07/90
   05/07/90         Act No. 466
   06/13/90         Copies available



(A466, R557, H4483)

AN ACT TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT, RETIREMENT ALLOWANCE, DISABILITY RETIREMENT, AND BENEFICIARIES CONCERNING JUDGES AND SOLICITORS, SO AS TO PROVIDE FOR A MONTHLY RETIREMENT ALLOWANCE FOR A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO RETIRES AFTER JUNE 30, 1990, AND WHO HAS COMPLETED AT LEAST TWENTY-FIVE YEARS OF CREDITED SERVICE; AND TO AMEND SECTION 9-8-120, RELATING TO THE PROVISION THAT NO JUSTICE OR JUDGE, WHILE DRAWING RETIREMENT COMPENSATION, MAY ENGAGE IN THE PRACTICE OF LAW UNDER CERTAIN CONDITIONS, SO AS TO DELETE THIS PROHIBITION AND PROVIDE THAT A JUSTICE OR JUDGE DRAWING RETIREMENT COMPENSATION WHO ENGAGES IN THE PRACTICE OF LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.

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

Monthly retirement allowance provided

SECTION 1. Section 9-8-60 of the 1976 Code, as last amended by Section 60D, Part II, Act 189 of 1989, is further amended by adding:

"(5) A member who retires after June 30, 1990, and who has completed at least twenty-five years of credited service shall receive a monthly retirement allowance which must be equal to one-twelfth of seventy-one and three-tenths percent of the current active salary of the respective position plus one-twelfth of two and sixty-seven hundredths percent of the current active salary of the respective position for each additional year of active service over twenty-five. The monthly retirement allowance may not exceed one-twelfth of ninety percent of the current active salary of the respective position."

Retired justice, judge; practice of law; service as justice, judge

SECTION 2. Section 9-8-120(4) of the 1976 Code is amended to read:

"(4) A justice or judge drawing retirement compensation who engages in the practice of law may not serve as a justice or judge in any court in this State."

Time effective

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

Approved the 7th day of May, 1990.




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