South Carolina General Assembly
110th Session, 1993-1994

Bill 5049


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    5049
Primary Sponsor:                Meacham
Committee Number:               30
Type of Legislation:            GB
Subject:                        Judges, solicitors;
                                retirement benefits
Residing Body:                  House
Current Committee:              Ways and Means
Computer Document Number:       GJK/20751SD.94
Introduced Date:                19940412
Last History Body:              House
Last History Date:              19940412
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Meacham
                                Simrill
                                A. Young
                                Robinson
                                Wells
                                Allison
                                Neilson
                                Shissias
                                Stuart
                                Wofford
                                Gamble
                                Thomas
                                J. Harris
                                Kirsh
Type of Legislation:            General Bill



History


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

5049  House   19940412      Introduced, read first time,    30
                            referred to Committee

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-230 SO AS TO PROVIDE THAT NO BENEFITS FROM ANY STATE RETIREMENT SYSTEM OTHER THAN A REFUND OF CONTRIBUTIONS MAY BE PAID TO A JUDGE OR SOLICITOR CONVICTED BEFORE JULY 1, 1994, OR ON OR AFTER JULY 1, 1994, OF A FELONY OR MISDEMEANOR 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 JUDGE OR SOLICITOR SO CONVICTED, TO PROVIDE THOSE JUDGES AND SOLICITORS TO WHICH THE DENIAL APPLIES, AND TO PROVIDE FOR THE SEVERABILITY OF ANY PART OF THE SECTION HELD UNCONSTITUTIONAL OR OTHERWISE INVALID.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 9-8-230. (A) Notwithstanding any other provision of this title, no judge or solicitor convicted before July 1, 1994, of a felony or misdemeanor 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 judge or solicitor from any of the state retirement systems including the retirement system for judges and solicitors in this chapter except as provided in subsection (C). This ineligibility also extends to the judge's or solicitor's surviving spouse or other beneficiary.

(B) Notwithstanding any other provision of this title, no judge or solicitor convicted on or after July 1, 1994, of a felony or misdemeanor 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 judge or solicitor or the judge's or solicitor's surviving spouse or other beneficiary from any of the state retirement systems including the retirement system for judges and solicitors in this chapter except as provided in subsection (C).

(C) 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.

(D) The provisions of this section apply to:

(1) all judges or solicitors who are members of or beneficiaries of the various state retirement systems including the retirement system for judges and solicitors in this chapter as of July 1, 1994, including their survivors and beneficiaries;

(2) all judges or solicitors first employed after June 30, 1994;

(3) all judges or solicitors elected or appointed for a specific term of office for terms commencing after June 30, 1994."

SECTION 2. If any subsection, item, sentence, clause, phrase, or word of Section 9-8-230 of the 1976 Code as added by this act is for any reason held to be unconstitutional or invalid, this holding does not affect the constitutionality or validity of the remaining portions of this section, the General Assembly declaring that it would have passed this section and each and every subsection, item, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other subsections, items, sentences, clauses, phrases, or words of the section may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 3. This act takes effect upon approval by the Governor.

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