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4030Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990504Primary Sponsor: MaddoxAll Sponsors: Maddox, AllenDrafted Document Number: l:\council\bills\kgh\15644htc99.docResiding Body: HouseCurrent Committee: Ways and Means Committee 30 HWMSubject: Retirement Systems, Police Officers, military service established after 1982 credited to federal civilian serviceHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000318 Co-Sponsor added (Rule 5.2) by Rep. Allen House 19990504 Introduced, read first time, 30 HWM referred to Committee Versions of This Bill
TO AMEND SECTION 9-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO MOVE UP FROM 1976 TO 1983 THE YEAR BEFORE WHICH ACTIVE DUTY MILITARY SERVICE MUST HAVE BEEN PERFORMED IN ORDER TO ESTABLISH SERVICE CREDIT FOR SUCH SERVICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 9-11-50(4) of the 1976 Code, as last amended by Act 439 of 1998, is further amended to read:
"(4) Any member with two or more years of credited service shall receive additional credited service for the period of his military service at the rate of one year of military service for each one year of his credited service excluding any period of credited military service, as long as he was discharged or separated from the military service under conditions other than dishonorable, and as long as he pays to the system, by a single payment before his retirement or death or by another method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately before the commencement of his military leave during the period of the military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered before his employment by an employer, the payments by the member, as described in the foregoing sentence, must be determined on the basis of his compensation at the time he first became a member of the system. The required employer contribution must be assumed by the member's current employer. However, no member may receive credit for more than six years of military service. Active military duty performed subsequent to
December 31, 1975, 1983 may not be considered creditable service. Active military duty includes service in the national guard; provided, however, that to establish creditable service for national guard service, the member must pay the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation at the time of payment, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. The prohibition on duplication of benefits applicable to credit established for federal employment as provided in subsection (6) of this section also applies to credit established for service in the national guard and national guard service may not be established for periods of service credited or creditable in any retirement system under this title."
SECTION 2. This act takes effect upon approval by the Governor and applies with respect to active duty military service established in the South Carolina Police Officers' Retirement System on or after that date.
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