Current Status Bill Number:3026 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Kirsh All Sponsors:Kirsh, Vaughn, Simrill, Meacham, Wilder and Harrison Drafted Document Number:PT\2733HTC.97 Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Retirement System, benefits not to be paid to officer or employee convicted of felony; ethics
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970114 Introduced, read first time, 30 HWM
referred to Committee
House 19961211 Prefiled, referred to Committee 30 HWM
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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, 1997, 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, 1997, 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, 1997; and
(2) all state officers elected or appointed for a specific term of office for terms commencing after June 30, 1997."
SECTION 2. This act takes effect July 1, 1997.