S*782 Session 105 (1983-1984)
S*0782(Rat #0439, Act #0386 of 1984) General Bill, By R.C. Dennis,
J.C. Lindsay and D.S. Taylor
A Bill to amend Sections 9-1-1770, 9-9-100, and 9-11-120, Code of Laws of
South Carolina, and Act 150 of 1979, all as amended, relating to the South
Carolina Retirement System, the Retirement System for members of the General
Assembly, the South Carolina Police Officers Retirement System, and the
Retirement System for judges and solicitors, so as to provide that a member is
in service at the date of his death if his last day of "earned service credit"
instead of "actual service" occurred not more than ninety days before the
member's death.
02/14/84 Senate Introduced and read first time SJ-624
02/14/84 Senate Referred to Committee on Finance SJ-624
02/29/84 Senate Committee report: Favorable Finance SJ-791
03/01/84 Senate Read second time SJ-866
03/01/84 Senate Ordered to third reading with notice of
amendments SJ-866
03/13/84 Senate Read third time and sent to House SJ-981
03/14/84 House Introduced and read first time HJ-1458
03/14/84 House Referred to Committee on Ways and Means HJ-1458
04/26/84 House Committee report: Favorable Ways and Means HJ-2644
05/02/84 House Read second time HJ-2814
05/02/84 House Reconsidered HJ-2823
05/02/84 House Read second time HJ-2824
05/03/84 House Read third time and enrolled HJ-2862
05/15/84 Ratified R 439
05/17/84 Signed By Governor
05/17/84 Effective date 05/17/84
05/17/84 Act No. 386
05/31/84 Copies available
(A386, R439, S782)
AN ACT TO AMEND SECTIONS 9-1-1770, 9-9-100, AND 9-11-120, CODE OF LAWS OF SOUTH
CAROLINA, 1976, AND ACT 150 OF 1979, ALL AS AMENDED, RELATING TO THE SOUTH
CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL
ASSEMBLY, THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND THE
RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE THAT A MEMBER IS
IN SERVICE AT THE DATE OF HIS DEATH IF HIS LAST DAY OF "EARNED SERVICE
CREDIT" INSTEAD OF "ACTUAL SERVICE" OCCURRED NOT MORE THAN NINETY
DAYS BEFORE THE MEMBER'S DEATH.
Be it enacted by the General Assembly of the State of South Carolina:
Accumulated contributions to be paid
SECTION 1. The third paragraph of Section 9-1-1770 of the 1976 Code, as last
amended by Act 26 of 1977, is further amended to read:
"Upon receipt of proof, satisfactory to the Board, of the death of a
contributing member in service who had completed at least one full year of
membership in the System or of the death of a contributing member as a result of
an injury arising out of and in the course of the performance of his duties
regardless of length of membership, as of the effective date of his employer's
participation, there must be paid to the person he nominated for the refund of
his accumulated contributions in the event of his death pursuant to Section
9-1-1650, if the person is living at the time of the member's death, otherwise
to the member's estate, a death benefit equal to the annual earnable compensation
of the member at the time his death occurs. The death benefit is payable apart
and separate from the payment of the member's accumulated contributions on his
death pursuant to the provisions of Section 9-1-1650 or Section 9-1-1660. For
purposes of this section, a member is considered to be in service at the date of
his death if his last day of earned service credit occurred not more than ninety
days before the date of his death and he has not retired."
Further
SECTION 2. The fourth paragraph of Section 9-9-100 of the 1976 Code, as last
amended by Act 26 of 1977, is further amended to read:
"(4) Upon receipt of proof, satisfactory to the Board, of the death, on
or after July 1, 1969, of a member of the System then in service as a member of
the General Assembly who had completed at least one full year of membership in
the System or of the death of an in-service member as a result of an injury
arising out of and in the course of the performance of his duties regardless of
length of membership, there must be paid to the person he nominated for the
refund of his accumulated contributions pursuant to Section 9-9-90, if the person
is living at the time of the member's death, otherwise to the member's estate,
a death benefit equal to the annual earnable compensation of the member at the
time his death occurs. The death benefit is payable apart and separate from the
payment of the lump sum amount, or the allowance in lieu thereof, pursuant to the
provisions of paragraphs (1) and (3) above. For purposes of this paragraph, a
member is considered to be in service at the date of his death if his last day
of earned service credit as a member of the General Assembly occurred not more
than ninety days before the date of his death and he has not retired or withdrawn
contributions."
Further
SECTION 3. The third paragraph of Section 9-11-120 of the 1976 Code, as last
amended by Act 26 of 1977, is further amended to read:
"Upon proof satisfactory to the board of the death of a contributing
member in service after completion of at least one full year of membership or of
the death of a contributing member as a result of an injury arising out of and
in the course of the performance of his duties regardless of length of
membership, whose employer is participating in the Program, there must be paid
to the person he nominated for the refund of his accumulated contributions
pursuant to Section 9-11-110, if the person is living at the time of the member's
death, otherwise to the member's estate, a death benefit equal to the annual
compensation of the member at the time his death occurs. The death benefit is
payable apart and separate from the payment of the amount provided by Section
9-11-110. For purposes of this section, a member is considered to be in service
at the date of his death if his last day of earned service credit occurred not
more than ninety days before the date of his death and he has not retired."
Death benefit
SECTION 4. Subsection (5) of Section 11 of Act 150 of 1979 is amended to read:
"(5) Upon receipt of proof, satisfactory to the Board, of the death of
a member in service as a judge or solicitor who had completed at least one full
year of credited service in the System or of the death of a member in service as
a result of an injury arising out of and in the course of the performance of his
duties regardless of length of membership, there must be paid to his spouse
unless he has nominated a beneficiary by written designation filed with the
Board, if the person is living at the time of the member's death, otherwise to
the member's estate, a death benefit equal to the annual compensation of the
member at the time his death occurs. The benefit must be payable apart and
separate from the payment of the allowance, or the lump sum amount in lieu
thereof, pursuant to the provisions of subsection (1), (2), or (3) above. A
member may designate his estate to receive this death benefit in lieu of his
spouse, or other beneficiary nominated in subsection (1). For purposes of this
subsection, a member is considered to be in service at the date of his death if
his last day of earned service credit as a judge or solicitor occurred not more
than ninety days before his death and he has not retired or withdrawn
contributions."
Time effective
SECTION 5. This act shall take effect upon approval by the Governor. |