H 4966 Session 112 (1997-1998)
H 4966 General Bill, By D. Smith
A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO RETIREMENT ELIGIBILITY UNDER THE RETIREMENT SYSTEM FOR
JUDGES AND SOLICITORS, SO AS TO REQUIRE ONLY EIGHT YEARS' ACTIVE SERVICE AS A
SOLICITOR RATHER THAN TEN YEARS TO MEET SERVICE REQUIREMENT ELIGIBILITY
REQUIREMENTS, TO ALLOW A RETIREE UNDER THIS SYSTEM TO RECEIVE RETIREMENT
BENEFITS WHILE EMPLOYED AS AN ATTORNEY BY AN EMPLOYER COVERED BY THE SOUTH
CAROLINA RETIREMENT SYSTEM OR SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM
AND REQUIRE MEMBERSHIP IN THOSE SYSTEMS EXCEPT WHEN OPTING OUT AND TO ALLOW A
SOLICITOR'S CREDITED SERVICE RATHER THAN ACTIVE SERVICE COUNT TOWARD
ADDITIONAL RETIREMENT BENEFITS; AND TO AMEND SECTION 9-8-120, AS AMENDED,
RELATING TO REEMPLOYED MEMBERS, SO AS TO MAKE A CONFORMING AMENDMENT.
04/07/98 House Introduced and read first time HJ-392
04/07/98 House Referred to Committee on Ways and Means HJ-392
A BILL
TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT
ELIGIBILITY UNDER THE RETIREMENT SYSTEM FOR
JUDGES AND SOLICITORS, SO AS TO REQUIRE ONLY EIGHT
YEARS' ACTIVE SERVICE AS A SOLICITOR RATHER THAN
TEN YEARS TO MEET SERVICE RETIREMENT ELIGIBILITY
REQUIREMENTS, TO ALLOW A RETIREE UNDER THIS
SYSTEM TO RECEIVE RETIREMENT BENEFITS WHILE
EMPLOYED AS AN ATTORNEY BY AN EMPLOYER
COVERED BY THE SOUTH CAROLINA RETIREMENT
SYSTEM OR SOUTH CAROLINA POLICE OFFICERS
RETIREMENT SYSTEM AND REQUIRE MEMBERSHIP IN
THOSE SYSTEMS EXCEPT WHEN OPTING OUT AND TO
ALLOW A SOLICITOR'S CREDITED SERVICE RATHER THAN
ACTIVE SERVICE COUNT TOWARD ADDITIONAL
RETIREMENT BENEFITS; AND TO AMEND SECTION 9-8-120,
AS AMENDED, RELATING TO REEMPLOYED MEMBERS, SO
AS TO MAKE A CONFORMING AMENDMENT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Subsections (1) and (5) of Section 9-8-60 of the 1976
Code, as last amended by Act 522 of 1994, are further amended to
read:
"(1) A member of the system may retire upon written
application to the board setting forth at what time, not later than his
attaining age seventy-two and not more than ninety days prior nor
more than six months subsequent to the execution and filing thereof,
the member desires to be retired, if the member at the time so
specified for retirement is no longer in the service of the State, except
as a member of the General Assembly, and has completed ten years
of credited service as a judge or eight years of credited service as
a solicitor or was in service as a judge or solicitor on July 1,
1984, and has either attained the age of sixty-five and completed at
least twenty years of credited service, or attained age seventy and
completed at least fifteen years of credit service, or attained age
sixty-five with at least four years' service in the position and has at
least twenty-five years' other service with the State, or completed at
least twenty-five years of credited service regardless of age. A
solicitor is eligible to retire upon completion of twenty-four years of
credited service regardless of age. Except as provided below,
a person is not eligible to receive a retirement allowance under this
system while under employment covered by the South Carolina
Retirement System, and the South Carolina Police Officers
Retirement System.
A person receiving retirement allowances under this system who is
elected to the General Assembly or who is employed as an
attorney by an employer as defined in Section 9-1-10(5) or
9-11-10(5) continues to receive the retirement allowances while
serving in the General Assembly or so employed and
also must also be a member of the General
Assembly Retirement System applicable retirement
system, unless the person files a statement with the State Budget
and Control Board on a form prescribed by the board electing not to
participate in the General Assembly applicable
retirement system while a member of the General Assembly or
while so employed. A person making this election shall not
make contributions to the General Assembly
applicable retirement system nor shall the State make
contributions on the member's person's behalf and
the person is not entitled on account of this service to
benefits from the General Assembly applicable
retirement system after ceasing to be a member of the General
Assembly or so employed.
(5) A member who retires, who has completed at least twenty-five
years of credited service, or twenty-four years in the case of a
solicitor, 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, or twenty-four in the case of a solicitor. In the
case of solicitors, any credited service rather than only active service
in excess of twenty-four years must be included for purposes of
calculating the additional monthly allowance provided by this
subsection. The monthly retirement allowance may not exceed
one-twelfth of ninety percent of the current active salary of the
respective position."
SECTION 2. Section 9-8-120(2) of the 1976 Code, as last
amended by Act 497 of 1994, is further amended to read:
"(2) Except as otherwise provided below, if this return is in
a position other than as a solicitor, the beneficiary, upon cessation of
service in the position, is entitled to apply for a retirement allowance
at the same rate to which the beneficiary was previously entitled,
disregarding any reduction therein resulting from a previous election
of an option. If the beneficiary's return is as a member of the General
Assembly or an attorney employed by an employer as defined in
Section 9-1-10(5) or 9-11-10(5), retirement allowances continue
as provided by Section 9-8-60(1)."
SECTION 3. This act takes effect upon approval by the Governor.
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