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HOUSE AMENDMENTS AMENDED
June 1, 1999
S. 509
S. Printed 6/1/99--S.
Read the first time February 18, 1999.
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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 9-1-1670 of the 1976 Code is amended to read:
"Section 9-1-1670. (A) Should any If a change or error in the records result results in any 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 such the error and, as so far as practicable, shall adjust the payment in such a manner so that the actuarial equivalent of the benefit to which such the member or beneficiary was correctly entitled shall be 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."
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-five 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."
SECTION 3 Section 9-11-10(6) of the 1976 Code is amended to read:
"(6) 'Police officer' shall mean any 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.; In all cases of doubt the Board shall determine whether any person is a police officer as defined herein.
(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."
SECTION 4. Section 24-1-280 of the 1976 Code is amended to read:
"Section 24-1-280. An Employees employee of the South Carolina Department of Corrections or the South Carolina Department of Juvenile Justice, while performing their his officially assigned duties duty relating to the custody, control, transportation, or recapture of any an inmate within the jurisdiction of the his department, or any an inmate of any jail, penitentiary, prison, public work, chain gang, or overnight lockup of the State or any political subdivision thereof of it not within the jurisdiction of the his department, shall have has the status of a peace officers officer anywhere in the State in any matter relating to the custody, control, transportation, or recapture of such the inmate."
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.
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