South Carolina General Assembly
113th Session, 1999-2000

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Bill 509


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      509
Ratification Number:              119
Act Number:                       72
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990218
Primary Sponsor:                  Drummond
All Sponsors:                     Drummond
Drafted Document Number:          l:\council\bills\nbd\11171mm99.doc
Date Bill Passed both Bodies:     19990603
Date of Last Amendment:           19990601
Governor's Action:                S
Date of Governor's Action:        19990611
Subject:                          Retirement System and Pensions, S.C.; 
                                  errors, certification and correction; Police 
                                  Officers, General Assembly


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990702  Act No. A72
------  19990611  Signed by Governor
------  19990609  Ratified R119
House   19990603  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19990602  Returned to House with amendment
Senate  19990601  House amendments amended
Senate  19990601  Recalled from Committee                06 SF
Senate  19990525  Recommitted to Committee               06 SF
House   19990520  Read third time, returned to Senate
                  with amendment
House   19990519  Read second time
House   19990519  Amended
House   19990512  Recalled from Committee                30 HWM
House   19990406  Introduced, read first time,           30 HWM
                  referred to Committee
Senate  19990331  Read third time, sent to House
Senate  19990330  Read second time
Senate  19990325  Committee report: Favorable            06 SF
Senate  19990218  Introduced, read first time,           06 SF
                  referred to Committee


                             Versions of This Bill
Revised on March 25, 1999 - Word format
Revised on May 12, 1999 - Word format
Revised on May 19, 1999 - Word format
Revised on June 1, 1999 - Word format

View additional legislative information at the LPITS web site.


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

(A72, R119, S509)

AN ACT TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION; TO AMEND SECTION 9-9-40, AS AMENDED, RELATING TO MEMBERSHIP IN THE STATE RETIREMENT SYSTEM OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE RETIREMENT AGE TO SIXTY-TWO FROM SIXTY-FIVE FOR A MEMBER CURRENTLY EMPLOYED BY A CORRELATED SYSTEM; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A "POLICE OFFICER" INCLUDES A PEACE OFFICER EMPLOYED BY THE STATE DEPARTMENT OF CORRECTIONS OR THE STATE DEPARTMENT OF JUVENILE JUSTICE AND TO PROVIDE THAT THE POLICE OFFICERS RETIREMENT SYSTEM APPLIES TO POLICE OFFICERS AS SO DEFINED; AND TO AMEND SECTION 24-1-280, RELATING TO PEACE OFFICERS, SO AS TO INCLUDE EMPLOYEES OF THE DEPARTMENT OF JUVENILE JUSTICE.

Be it enacted by the General Assembly of the State of South Carolina:

Effect of change or error in records

SECTION 1. Section 9-1-1670 of the 1976 Code is amended to read:

"Section 9-1-1670. (A) If a change or error in the records results in a member or beneficiary receiving from the system more or less than he would have been entitled to receive had the records been correct, the board shall correct the error and, so far as practicable, adjust the payment so that the actuarial equivalent of the benefit to which the member or beneficiary was correctly entitled is paid.

(B) The system must correct its records relating to a member upon:

(1) written certification from the employer that the employer's records contained an error that affected the enrollment of the member; and

(2) a showing to the system that all other related records and accounts have been corrected and adjusted to correspond to the change requested of the system.

A correction of the records of the system takes effect only upon payment by the employer and employee to the system of costs as determined by the system.

(C) An employer's request to correct a member's record pursuant to subsection (B) must be made within two years of the commission of the error by the employer."

Membership in system

SECTION 2. Section 9-9-40(3) of the 1976 Code, as amended by Act 497 of 1994, is further amended to read:

"(3) As used in this item 'correlated system' shall mean one or more of the following:

(a) South Carolina Retirement System;

(b) South Carolina Police Officers Retirement System;

(c) Retirement System for members of the General Assembly of the State of South Carolina.

If a member of a correlated system ceases to occupy a position covered under the system and if, within the protective period and under the conditions set forth in the correlated system for continuation of membership therein, he accepts a position covered by another correlated system, he shall notify the director of each system of the employment, and his membership in the first system is continued so long as his membership in the other system continues. Service credited to the members under the provisions of the first system is considered service credits for the purpose of determining eligibility for benefits, but not the benefit amount, under the other system. A benefit under any one of the correlated systems must be computed solely on the basis of service and contributions credited under that system and is payable at the times and subject to the age and service conditions set forth. A member is not eligible to receive retirement payments so long as he is employed in a position covered by the South Carolina Retirement System or the South Carolina Police Officers Retirement System. Notwithstanding the provisions of this paragraph, a member of the Retirement System for Members of the General Assembly who is (1) at least sixty-two years of age, (2) not currently serving in the General Assembly, and (3) eligible to receive retirement benefits from the General Assembly system but for the member's current employment covered by a correlated system may elect to receive retirement benefits from the General Assembly system."

Definitions

SECTION 3. Section 9-11-10(6) of the 1976 Code is amended to read:

"(6) 'Police officer' means a person who receives his salary from an employer and who is:

(a) required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in the State;

(b) an employee after January 1, 2000, of the South Carolina Department of Corrections or the Department of Juvenile Justice and by the terms of his employment is a peace officer as defined by Section 24-1-280.

Notwithstanding prior duties performed by a person who is a police officer as defined in this item, the provisions of Section 9-11-40(9) apply to a person who is or who becomes a member of the Police Officers Retirement System."

Employees of departments as peace officers

SECTION 4. Section 24-1-280 of the 1976 Code is amended to read:

"Section 24-1-280. An employee of the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice, while performing his officially assigned duty relating to the custody, control, transportation, or recapture of an inmate within the jurisdiction of his department, or an inmate of any jail, penitentiary, prison, public work, chain gang, or overnight lockup of the State or any political subdivision of it not within the jurisdiction of his department, has the status of a peace officer anywhere in the State in any matter relating to the custody, control, transportation, or recapture of the inmate."

Time effective

SECTION 5. Section 1 and Sections 3, 4, and 5 of this act take effect upon approval by the Governor, except that the provisions of subsection (C) of Section 9-1-1670 do not apply to requests to the system to change its records which are pending on the effective date of this act. Section 2 of this act takes effect July 1, 1999.

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.

__________


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