S*732 Session 104 (1981-1982)
S*0732(Rat #0372, Act #0315 of 1982) General Bill, By R.C. Dennis,
J.C. Lindsay and D.S. Taylor
Similar(S 970)
A Bill to amend Sections 9-1-1160, 9-9-120 and 9-11-210, all as amended, and
9-1-1020, Code of Laws of South Carolina, 1976, and Act 150 of 1979, as
amended, relating to the South Carolina Retirement System, the police officers
retirement system and the retirement systems for members of the General
Assembly, Judiciary and Solicitors, so as to provide that the employee's
contributions to the system shall be picked up by the employer through a
salary reduction plan for the purpose of deferring payment of federal income
taxes until the funds are withdrawn or upon retirement.
01/27/82 Senate Introduced and read first time SJ-11
01/27/82 Senate Referred to Committee on Finance SJ-11
02/10/82 Senate Committee report: Favorable Finance SJ-14
02/11/82 Senate Read second time SJ-16
02/17/82 Senate Read third time and sent to House SJ-17
02/18/82 House Introduced and read first time HJ-921
02/18/82 House Referred to Committee on Ways and Means HJ-922
03/24/82 House Committee report: Favorable Ways and Means HJ-1794
03/25/82 House Read second time HJ-1834
03/26/82 House Read third time and enrolled HJ-1858
04/08/82 Senate Ratified R 372 SJ-7
04/14/82 Signed By Governor
04/14/82 Effective date 04/14/82
04/14/82 Act No. 315
04/21/82 Copies available
(A315, R372, S732)
AN ACT TO AMEND SECTIONS 9-1-1160, 9-9-120 And 9-11-210, AS AMENDED, CODE
OF
LAWS OF
SOUTH CAROLINA 1976, AND ACT 150 OF 1979, AS AMENDED, RELATING TO THE
SOUTH
CAROLINA RETIREMENT SYSTEM, THE POLICE OFFICERS RETIREMENT SYSTEM
AND THE
RETIREMENT SYSTEMS FOR MEMBERS OF THE GENERAL ASSEMBLY, JUDICIARY
AND
SOLICITORS, SO AS TO PROVIDE THAT THE EMPLOYEE'S CONTRIBUTIONS TO THE
SYSTEM
SHALL BE PICKED UP BY THE EMPLOYER THROUGH A SALARY REDUCTION PLAN
FOR THE
PURPOSE OF DEFERRING PAYMENT OF FEDERAL INCOME TAXES UNTIL THE
FUNDS ARE
WITHDRAWN OR UPON RETIREMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Contributions picked up by employer
Section 1. Section 9-1-1020 of the 1976 Code is amended by adding at the
end:
"Each department and political subdivision shall pick up the employee
contributions required by this
section for all compensation earned after July 1, 1982, and the contributions
so picked up shall be treated as
employer contributions in determining federal tax treatment under the United
States Internal Revenue Code;
however, each department and political subdivision shall continue to withhold
federal income taxes based upon
these contributions until the Internal Revenue Service, or the federal courts,
rule that, pursuant to Section 414(h)
of the United States Internal Revenue Code, these contributions shall not be
included as gross income of the
employee until such time as they are distributed or made available. The
department and political subdivision shall
pay these employee contributions from the same source of funds which is used
in paying earnings to the
employee. The department and political subdivision may pick up these
contributions by a reduction in the cash
salary of the employee. Employee contributions picked up shall be treated for
all purposes of this section in the
same manner and to the extent as employee contributions made prior to the date
picked up."
Further
Section 2. Section 9-1-1160 of the 1976 Code, as last amended by Section 19,
Part II, of Act 709 of 1976, is
further amended by adding at the end:
"Each department and political subdivision shall pick up the employee
contributions required by this
section for all compensation earned after July 1, 1982, and the contributions
so picked up shall be treated as
employer contributions in determining federal tax treatment under the United
States Internal Revenue Code;
however, each department and political subdivision shall continue to withhold
federal income taxes based upon
these contributions until the Internal Revenue Service, or the federal courts,
rule that, pursuant to Section 414(h)
of the United States Internal Revenue Code, these contributions shall not be
included as gross income of the
employee until such time as they are distributed or made available. The
department and political subdivision shall
pay these employee contributions from the same source of funds which is used
in paying earnings to the
employee. The department and political subdivision may pick up these
contributions by a reduction in the cash
salary of the employee. Employee contributions picked up shall be treated for
all purposes of this section in the
same manner and to the extent as employee contributions made prior to the date
picked up."
Further
Section 3. Section 9-9-120 of the 1976 Code, as last amended by Section 27,
Part II, of Act 644 of 1977, is
further amended by adding at the end:
"(6) Each department and political subdivision shall pick up the
employee contributions required by this
section for all compensation earned after July 1, 1982, and the contributions
so picked up shall be treated as
employer contributions in determining federal tax treatment under the United
States Internal Revenue Code;
however, each department and political subdivision shall continue to withhold
federal income taxes based upon
these contributions until the Internal Revenue Service, or the federal courts,
rule that, pursuant to Section 414(h)
of the United States Internal Revenue Code, these contributions shall not he
included as gross income of the
employee until such time as they are distributed or made available. The
department and political subdivision shall
pay these employee contributions from the same source of funds which is used
in paying earnings to the
employee. The department and political subdivision may pick up these
contributions by a reduction in the cash
salary of the employee. Employee contributions picked up shall be treated for
all purposes of this section in the
same manner and to the extent as employee contributions made prior to the date
picked up."
Further
Section 4. Section 9-11-210 of the 1976 Code, as last amended by Section 26,
Part II, of Act 219 of 1977, is
further amended by adding at the end:
" (11) Each department and political subdivision shall pick up the
employee contributions required by this
section for all compensation earned after July 1, 1982, and the contributions
so picked up shall be treated as
employer contributions in determining federal tax treatment under the United
States Internal Revenue Code;
however, each department and political subdivision shall continue to withhold
federal income taxes based upon
these contributions until the Internal Revenue Service, or the federal courts,
rule that, pursuant to Section 414(h)
of the United States Internal Revenue Code, these contributions shall not be
included as gross income of the
employee until such time as they are distributed or made available. The
department and political subdivision shall
pay these employee contributions from the same source of funds which is used
in paying earnings to the
employee. The department and political subdivision may pick up these
contributions by a reduction in the cash
salary of the employee. Employee contributions picked up shall be treated for
all purposes of this section in the
same manner and to the extent as employee contributions made prior to the date
picked up."
Further
Section 5. Section 13 of Act 150 of 1979 is amended by adding at the end:
"(4) Each department and political subdivision shall pick up the
employee contributions required by this
section for all compensation earned after July 1, 1982, and the contributions
so picked up shall be treated as
employer contributions in determining federal tax treatment under the United
States Internal Revenue Code;
however, each department and political subdivision shall continue to withhold
federal income taxes based upon
these contributions until the Internal Revenue Service, or the federal courts,
rule that, pursuant to Section 414(h)
of the United States Internal Revenue Code, these contributions shall not be
included as gross income of the
employee until such time as they are distributed or made available. The
department and political subdivision shall
pay these employee contributions from the same source of funds which is used
in paying earnings to the
employee. The department and political subdivision may pick up these
contributions by a reduction in the cash
salary of the employee. Employee contributions picked up shall be treated for
all purposes of this section in the
same manner and to the extent as employee contributions made prior to the date
picked up."
Time effective
Section 6. This act shall take effect upon the approval by the Governor. |