Current Status Bill Number:3451 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970212 Primary Sponsor:Cromer All Sponsors:Cromer Drafted Document Number:egm\18566djc.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Magistrates, mandatory retirement age; may be appointed as special magistrate under certain conditions; Courts
Body Date Action Description Com Leg Involved
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House 19970212 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 22-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY RETIREMENT AGE FOR MAGISTRATES, SO AS TO PERMIT A RETIRED MAGISTRATE TO BE APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT, UPON RECOMMENDATION OF THE ADMINISTRATIVE JUDGE OF THE JUDICIAL CIRCUIT, TO SERVE AS A SPECIAL MAGISTRATE IN THE COUNTY IN WHICH HE LAST SERVED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-1-25 of the 1976 Code, as added by Act 183 of 1993, is amended to read:
"Section 22-1-25. (A) Notwithstanding the provisions of Section 9-1-1530 or Section 1-13-80(h)(8), (10), or (12), it shall be is mandatory for a magistrate to retire not later than the end of the fiscal year in which he reaches his seventy-second birthday. Any magistrate serving in office on the effective date of this section who has attained the age of seventy-two years prior to July 1, 1993, may continue to serve until June 30, 1994.
(B) Any retired magistrate receiving retirement benefits from a retirement system of this State, regardless of his age, may be appointed by the Chief Justice of the South Carolina Supreme Court, upon recommendation of the administrative judge of the judicial circuit, to serve as a special magistrate in the county in which he last served in the manner provided by this section. In order to be eligible for appointment, a magistrate shall maintain the certification required under Section 22-1-10(C). A special magistrate, if so appointed, must be compensated in an amount determined by the county governing body, provided that the limitations of what covered retired employees may earn if they return to work under a state retirement system continue to apply to the special magistrate."
SECTION 2. This act takes effect upon approval by the Governor.