Current Status Bill Number:4519 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960131 Primary Sponsor:Knotts All Sponsors:Knotts, Fulmer, Lloyd, Inabinett, Williams, Wright, Kelley, Keegan and Riser Drafted Document Number:pfm\7873htc.96 Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Judges retirement system, excess of twenty-five years
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960131 Introduced, read first time, 30 HWM
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 9-8-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE FOR THE RECALCULATION OF THE BENEFITS OF RETIRED JUDGES AND JUSTICES WHO CONTINUE FULL JUDICIAL DUTIES FOR PURPOSES OF RECEIVING THE ADDITIONAL BENEFITS PROVIDED RETIREES FOR SERVICE IN EXCESS OF TWENTY-FIVE YEARS, AND TO PROVIDE THE CONTRIBUTION REQUIREMENTS FOR RECEIVING THESE ADDITIONAL BENEFITS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 9-8-120(3) of the 1976 Code, as last amended by Act 610 of 1990, is further amended to read:
"(3) Subject to the limitations contained in Section 14-1-215, a retired justice or judge may be called upon and appointed by the Chief Justice of the Supreme Court to perform judicial duties in the Supreme Court, Court of Appeals, circuit courts, and family courts as he may be willing and able to undertake. A retired justice or judge serving as an acting associate justice or as a judge shall serve without pay except for his actual expenses while serving. If a retired justice or judge has performed for a period of three or more consecutive months full judicial duties as an acting associate justice or as a judge his retirement pay for each full month during this period must be increased by an amount equal to the difference between retirement payment and active pay. Upon certification by the Chief Justice setting forth the number of full months of the service the State Treasurer shall make payment accordingly. If a retired justice or judge elects to pay a monthly retirement contribution in an amount equal to that of a judge or justice who is an active contributing member for any month the retired judge or justice receives the additional retirement benefit allowed by this subsection, then each such month must be added to the member's credited service as of the time of retirement for purposes of the additional retirement benefits allowed pursuant to Section 9-8-60(5). The retirement benefits of judges or justices receiving this additional credited service must be annually recalculated and any additional retirement benefits paid. No retired judge or justice may for any month receive a retirement benefit from the system established by this chapter that exceeds the current monthly salary of a judge or justice."
SECTION 2. This act takes effect on the first day of the third month following approval by the Governor and applies only with respect to additional credited service accrued on and after that date.