Current Status Introducing Body:House Bill Number:4090 Primary Sponsor:Sturkie Committee Number:30 Type of Legislation:GB Subject:Retirement, overpayment Residing Body:House Current Committee:Ways and Means Computer Document Number:JIC/5806HC.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:Sturkie Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4090 House 19930414 Introduced, read first time, 30
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-320 SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO WAIVE ANY BENEFIT ADJUSTMENT OR OTHER REPAYMENT REQUIRED TO OFFSET AN OVERPAYMENT FROM ANY OF THE VARIOUS STATE RETIREMENT SYSTEMS WHEN THE OVERPAYMENT WAS NOT THE FAULT OF A BENEFICIARY AND WHEN THE ADJUSTMENT OR REPAYMENT WOULD WORK AN UNDUE HARDSHIP ON THE BENEFICIARY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-320. The board may waive a benefit adjustment or other repayment required to offset an overpayment for any retirement system provided in this title to a beneficiary if:
(1) the overpayment was not the fault of the beneficiary; and
(2) the benefit adjustment or other repayment would, in the opinion of the board, work an undue hardship on the beneficiary."
SECTION 2. This section takes effect upon approval by the Governor and applies with respect to overpayments made on or after that date.