South Carolina General Assembly
113th Session, 1999-2000

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Bill 4030


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4030
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990504
Primary Sponsor:                  Maddox
All Sponsors:                     Maddox, Allen
Drafted Document Number:          l:\council\bills\kgh\15644htc99.doc
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Subject:                          Retirement Systems, Police Officers, 
                                  military service established after 1982 
                                  credited to federal civilian service


                        History

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

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A 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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