Current Status Bill Number:1227 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980505 Primary Sponsor:Lander All Sponsors:Lander Drafted Document Number:res1678.jal Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Marital, non-marital property; Retirement System benefits in domestic relations order
Body Date Action Description Com Leg Involved
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Senate 19980505 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 20-7-473, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF MARITAL AND NON-MARITAL PROPERTY, SO AS TO DEFINE STATE RETIREMENT BENEFITS AS NON-MARITAL PROPERTY IN CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 9-18-20 OF THE 1976 CODE, RELATING TO THE PAYMENT OF BENEFITS BY A STATE RETIREMENT SYSTEM PURSUANT TO A QUALIFIED DOMESTIC RELATIONS ORDER, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 20-7-473(6) IS GROUNDS FOR REJECTING A DOMESTIC RELATIONS ORDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-473 of the 1976 Code is amended by adding:
"(6) retirement benefits provided by Title 9 of the South Carolina Code of Laws if the member's spouse has engaged in adulterous relationship before the happening of the earliest of (a) entry of a pendente lite order in a divorce or separate maintenance action; (b) formal signing of a written property or marital settlement agreement; or (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties, if the earliest of (a), (b), or (c) occurs on or after the effective date of this item."
SECTION 2. Section 9-18-20(C) of the 1976 Code is amended by adding:
"(7) is in violation of Section 20-7-473(6)."
SECTION 3. This act takes effect upon approval by the Governor.