Current Status Introducing Body:House Bill Number:4001 Primary Sponsor:Hodges Committee Number:30 Type of Legislation:GB Subject:Magistrates, mandatory retirement Residing Body:House Current Committee:Ways and Means Computer Document Number:BR1/10498SD.93 Introduced Date:19930414 Last History Body:House Last History Date:19930414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Hodges Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4001 House 19930414 Introduced, read first time, 30
referred to Committee
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TO AMEND SECTION 9-1-1530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY RETIREMENT OF CERTAIN EMPLOYEES, SO AS TO PROVIDE THAT MAGISTRATES ARE SUBJECT TO THE MANDATORY RETIREMENT PROVISIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 9-1-1530 of the 1976 Code, as last amended by Act 663 of 1988, is further amended to read:
"Section 9-1-1530. Any employee, described in Section 1-13-80(h)(8), (10), or (12), who has attained the age of seventy years shall be retired forthwith, except that:
(1) with the approval of his employer he may remain in service until the end of the year following the date on which he attains the age of seventy years;
(2) with the approval of his employer and the board he may, upon his request therefor, be continued in service for a period of one year following each such request until such employee has reached the age of seventy-two years; and
(3) with the approval of his employer, upon his request therefor, be continued in service for such period of time as may be necessary for such employee to qualify for coverage under the old age and survivors insurance provision of Title II of the Federal Social Security Act, as amended. It shall be mandatory for any employee, described in Section 1-13-80(h)(8), (10), or (12), whether or not appointed and regardless of whether or not a member of the South Carolina Retirement System to retire no later than the end of the fiscal year in which he reaches his seventy-second birthday.
This section shall not apply to any person holding an elective office.
This section shall take takes effect July 1, 1969. Provided, however, However, no person affected by the provisions of this section shall be required to retire prior to July 1, 1971.
Provided, however, that excepting Excepting constitutional offices, this section shall not apply to appointive offices receiving per diem or travel allowances as total compensation or to employees of the State Court System when such court employees are employed on a part-time basis; provided that magistrates are subject to mandatory retirement as provided in this section."
SECTION 2. This act takes effect upon approval by the Governor.