S 0485 General Bill, By L.E. Richter

Similar(H 3092)
 A Bill to amend Article 1, Chapter 1, Title 9, Code of Laws of South Carolina,
 1976, relating to the State Retirement System, by adding Section 9-1-110; to
 amend Chapter 8, Title 9 of the 1976 Code, relating to the Retirement System
 for Judges and Solicitors, by adding Section 9-8-230; to amend Chapter 9,
 Title 9 of the 1976 Code, relating to the Retirement System for members of the
 General Assembly, by adding Section 9-9-230; and to amend Article 1, Chapter
 11, Title 9 of the 1976 Code, relating to the Police Officers Retirement
 System, by adding Section 9-11-340, so as to provide that state retirement
 benefits in excess of a member's or retired member's accumulated contribution
 may not be paid, to any party, on behalf of a member or retired member who is
 convicted of, pleads guilty to, or pleads nolo contendere to official
 misconduct, a felony, or a crime of moral turpitude arising out of the
 performance of the member's or retired member's official duties; and to
 provide for notification of the Budget and Control Board of convictions.

   02/09/95  Senate Introduced and read first time SJ-4
   02/09/95  Senate Referred to Committee on Finance SJ-4

A BILL

TO AMEND ARTICLE 1, CHAPTER 1, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEM, BY ADDING SECTION 9-1-110; TO AMEND CHAPTER 8, TITLE 9 OF THE 1976 CODE, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, BY ADDING SECTION 9-8-230; TO AMEND CHAPTER 9, TITLE 9 OF THE 1976 CODE, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, BY ADDING SECTION 9-9-230; AND TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9 OF THE 1976 CODE, RELATING TO THE POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING SECTION 9-11-340, SO AS TO PROVIDE THAT STATE RETIREMENT BENEFITS IN EXCESS OF A MEMBER'S OR RETIRED MEMBER'S ACCUMULATED CONTRIBUTION MAY NOT BE PAID, TO ANY PARTY, ON BEHALF OF A MEMBER OR RETIRED MEMBER WHO IS CONVICTED OF, PLEADS GUILTY TO, OR PLEADS NOLO CONTENDERE TO OFFICIAL MISCONDUCT, A FELONY, OR A CRIME OF MORAL TURPITUDE ARISING OUT OF THE PERFORMANCE OF THE MEMBER'S OR RETIRED MEMBER'S OFFICIAL DUTIES; AND TO PROVIDE FOR NOTIFICATION OF THE BUDGET AND CONTROL BOARD OF CONVICTIONS.

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

SECTION 1. Article 1, Chapter 1, Title 9 of the 1976 Code is amended by adding:

"Section 9-1-110. (A) Notwithstanding any other provision of this title, state retirement benefits in excess of a member or retired member's accumulated contribution may not be paid, to any party, on behalf of a member or retired member of the system who is convicted of, pleads guilty to, or pleads nolo contendere to, in any court:

(1) misconduct in office;

(2) a felony arising out of the performance of the member or retired member's official duties; or

(3) a crime of moral turpitude arising out of the performance of the member or retired member's official duties.

(B) Upon conviction, a plea of guilty, or a plea of nolo contendere, the head of the agency by whom the member or former member was employed at the time of the offense shall notify the director of the Budget and Control Board. The director shall:

(1) stop the payment of benefits immediately, if benefits are being received; and

(2) disburse to the member or retired member or his beneficiary a sum equal to the accumulated contribution, less any benefits received."

SECTION 2. Chapter 8, Title 9 of the 1976 Code is amended by adding:

"Section 9-8-230. (A) Notwithstanding any other provision of this title, state retirement benefits in excess of a member or retired member's accumulated contribution may not be paid, to any party, on behalf of a member or retired member of the system who is convicted of, pleads guilty to, or pleads nolo contendere to, in any court:

(1) misconduct in office;

(2) a felony arising out of the performance of the member or retired member's official duties; or

(3) a crime of moral turpitude arising out of the performance of the member or retired member's official duties.

(B) Upon conviction, a plea of guilty, or a plea of nolo contendere, the director of the Budget and Control Board shall:

(1) stop the payment of benefits immediately, if benefits are being received; and

(2) disburse to the member or retired member or his beneficiary a sum equal to the accumulated contribution, less any benefits received."

SECTION 3. Chapter 9, Title 9 of the 1976 Code is amended by adding:

"Section 9-9-230. (A) Notwithstanding any other provision of this title, state retirement benefits in excess of a member or retired member's accumulated contribution may not be paid, to any party, on behalf of a member or retired member of the system who is convicted of, pleads guilty to, or pleads nolo contendere to, in any court:

(1) misconduct in office;

(2) a felony arising out of the performance of the member or retired member's official duties; or

(3) a crime of moral turpitude arising out of the performance of the member or retired member's official duties.

(B) Upon conviction, a plea of guilty, or a plea of nolo contendere, the clerk of the body in which the member or former member served at the time of the offense shall notify the director of the Budget and Control Board. The director shall:

(1) stop the payment of benefits immediately, if benefits are being received; and

(2) disburse to the member or retired member or his beneficiary a sum equal to the accumulated contribution, less any benefits received."

SECTION 4. Article 1, Chapter 11, Title 9 of the 1976 Code is amended by adding:

"Section 9-11-340. (A) Notwithstanding any other provision of this title, state retirement benefits in excess of a member or retired member's accumulated contribution may not be paid, to any party, on behalf of a member or retired member of the system who is convicted of, pleads guilty to, or pleads nolo contendere to, in any court:

(1) misconduct in office;

(2) a felony arising out of the performance of the member or retired member's official duties; or

(3) a crime of moral turpitude arising out of the performance of the member or retired member's official duties.

(B) Upon conviction, a plea of guilty, or a plea of nolo contendere, the member's employer or the retired member's former employer at the time of the offense shall notify the director of the Budget and Control Board. The director shall:

(1) stop the payment of benefits immediately, if benefits are being received; and

(2) disburse to the member or retired member or his beneficiary a sum equal to the accumulated contribution, less any benefits received."

SECTION 5. This act takes effect July 1, 1995, and applies to applicable crimes committed after June 30, 1995.