South Carolina General Assembly
110th Session, 1993-1994

Bill 5031


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    5031
Primary Sponsor:                Kirsh
Type of Legislation:            GB
Subject:                        Retirement System, benefits
                                denied after felony
Residing Body:                  House
Computer Document Number:       JIC/5850HTC.94
Introduced Date:                19940406
Last History Body:              House
Last History Date:              19940512
Last History Type:              Objection by Representative
Scope of Legislation:           Statewide
All Sponsors:                   Kirsh
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

5031  House   19940512      Objection by Representative          Kennedy
                            Inabinett
                            Williams
                            Breeland
                            Moody_Lawren
                            ce
                            Hines
                            McMahand
                            Anderson
5031  House   19940511      Debate interrupted
5031  House   19940421      Committee Report: Favorable     30
                            with amendment
5031  House   19940406      Introduced, read first time,    30
                            referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

April 21, 1994

H. 5031

Introduced by REP. Kirsh

S. Printed 4/21/94--H.

Read the first time April 6, 1994.

THE COMMITTEE ON WAYS AND MEANS

To whom was referred a Bill (H. 5031), to amend the Code of Laws of South Carolina, 1976, by adding Section 9-1-110 so as to provide that no benefits from any state retirement system, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking subsections (A) and (B) of Section 9-1-110, as contained in SECTION 1, page 1, and inserting:

/(A). Notwithstanding any other provision of this title, no state officer or employee convicted after June 30, 1994, of a felony under the laws of this State or the United States arising out of the performance of official duties is eligible to receive any pension otherwise due the officer or employee from any of the state retirement systems. This ineligibility similarly applies to a pension which would otherwise be due the officer's or employee's surviving spouse or other beneficiary.

(B) When payment of a pension is denied under this section, the amounts actually contributed or deposited by the individual plus interest, less amounts previously refunded or paid as a pension must be refunded on an appropriate application therefor. The refund may be made to the individual or, if deceased, to the individual's beneficiary as previously designated to the applicable system./

Amend title to conform.

WILLIAM D. BOAN, for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-110 SO AS TO PROVIDE THAT NO BENEFITS FROM ANY STATE RETIREMENT SYSTEM OTHER THAN A REFUND OF CONTRIBUTIONS MAY BE PAID TO A STATE OFFICER OR EMPLOYEE CONVICTED AFTER JUNE 30, 1994, OF A FELONY ARISING OUT OF THE PERFORMANCE OF OFFICIAL DUTIES, TO PROVIDE THAT THE DENIAL OF BENEFITS APPLIES TO A SURVIVING SPOUSE OR OTHER BENEFICIARY OF A MEMBER SO CONVICTED, AND TO PROVIDE THOSE OFFICERS AND EMPLOYEES TO WHICH THE DENIAL APPLIES.

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, no state officer or employee convicted after June 30, 1994, of a felony under the laws of this State or the United States arising out of the performance of official duties is eligible to receive any benefits otherwise due the officer or employee from any of the state retirement systems except as provided in subsection (B). This ineligibility similarly applies to benefits which would otherwise be due the officer's or employee's surviving spouse or other beneficiary.

(B) When payment of benefits is denied under this section, the amounts actually contributed or deposited by the individual, less amounts previously refunded or paid as benefits must be refunded on an appropriate application therefor. The refund may be made to the individual or, if deceased, to the individual's beneficiary as previously designated to the applicable system.

(C) The provisions of this section apply to:

(1) all state employees first employed after June 30, 1994; and

(2) all state officers elected or appointed for a specific term of office for terms commencing after June 30, 1994."

SECTION 2. This act takes effect July 1, 1994.

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