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Current Status Bill Number:View additional legislative information at the LPITS web site.3445 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010201 Primary Sponsor:Taylor All Sponsors:Taylor, Knotts, Whatley, Wilder, Rhoad, Cobb-Hunter, Edge, Howard, Keegan, Simrill, Snow, Trotter and White Drafted Document Number:l:\council\bills\bbm\9857htc01.doc Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Retirement Systems, S.C., Police Officers; disability retiree returning to covered employment, compensation, benefits History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010201 Introduced, read first time, 30 HWM referred to Committee Versions of This Bill
TO AMEND SECTIONS 9-1-1580 AND 9-1-1590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ALLOW A DISABILITY RETIREE TO EARN UP TO ONE HUNDRED TWENTY-FIVE PERCENT OF AVERAGE FINAL COMPENSATION BEFORE BENEFITS ARE STOPPED AND TO MAKE CONFORMING AMENDMENTS WHEN SUCH A RETIREE RETURNS TO COVERED EMPLOYMENT AND TO AMEND SECTIONS 9-11-80, AS AMENDED, RELATING TO SERVICE AND DISABILITY RETIREMENT BENEFITS UNDER THE SOUTH CAROLINA POLICE OFFICER'S RETIREMENT SYSTEM AND 9-11-90, AS AMENDED, RELATING TO RETURN TO COVERED EMPLOYMENT BY A RETIREE UNDER THAT SYSTEM, SO AS TO ALLOW DISABILITY RETIREES UNDER THE POLICE SYSTEM TO EARN ONE HUNDRED TWENTY-FIVE PERCENT OF AVERAGE FINAL COMPENSATION BEFORE BENEFITS ARE AFFECTED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The first unnumbered paragraph of Section 9-1-1580 of the 1976 Code is amended to read:
"Should If the Medical Board report reports and certify certifies to the board that the disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his retirement allowance and one hundred twenty-five percent of his average final compensation and should if the board concur concurs in the report, then the amount of his disability retirement allowance must be reduced to an amount which, together with the amount earnable by him, equals no more than one hundred twenty-five percent of the amount of his average final compensation. Should If his earning capacity be later changed changes, the amount of his disability retirement allowance may be further modified. The new disability retirement allowance shall must not exceed the amount of the disability retirement allowance originally granted nor an amount which, when added to the amount earnable by the beneficiary, equals no more than one hundred twenty-five percent of the amount of his average final compensation."
SECTION 2. The first two unnumbered paragraphs of Section 9-1-1590 of the 1976 Code are amended to read:
"A disability beneficiary restored to active service at a salary less than one hundred twenty-five percent of his average final compensation shall does not become a member of the system and his employer annuity shall disability retirement benefit must be adjusted in accordance with the provisions of Section 9-1-1580.
Should If a disability beneficiary under the age of sixty-five years be is restored to active service and his compensation then, or at any time thereafter, be is equal to or greater than one hundred twenty-five percent of his average final compensation at retirement, his retirement allowance shall cease ceases and any election of an optional benefit shall become is void and he shall again become becomes a member of the system and contribute thereafter as provided in Section 9-1-1020. Any prior service certificate on the basis of which his service was computed at the time of his retirement shall must be restored to full force and effect and, in addition, upon his subsequent retirement he shall must be credited with all his service as a member. The average final compensation may be increased up to ten percent annually to adjust for inflation."
SECTION 3. Section 9-11-80(4) of the 1976 Code is amended to read:
"(4) If the medical board certifies that the member's disability has been removed and that he has regained his earning capacity in excess of one hundred twenty-five percent of his average final compensation, his disability retirement allowance may be discontinued, or if the disability has been partly removed and his earning capacity regained in part, the disability retirement allowance may be reduced proportionately. The determination of the board as to any disputed question, after due consideration accorded to the member, is conclusive. Should If the retirement allowance of any member retired for disability be is discontinued or reduced, and should if he again suffer suffers disability within five years of the date of his recovery and again lose loses his earning capacity, he shall be is entitled to apply to the board for a restoration of his original retirement allowance, and the board may restore all or part of his original retirement allowance. At the expiration of the five-year period, if the retirement allowance has not been restored, all rights in and to the member's disability retirement allowance are revoked. The member then is entitled to a deferred early retirement allowance as provided in Section 9-11-70 based upon his average final compensation and credited service at his date of disability retirement."
SECTION 4. Subsections (1) and (2) of Section 9-11-90 of the 1976 Code are amended to read:
"(1) A disability beneficiary restored to active service at a salary less than one hundred twenty-five percent of his average final compensation shall does not become a member of the system and his retirement allowance shall must be adjusted in accordance with the provisions of Section 9-11-80(4).
(2) Should a disability beneficiary under the age of fifty-five years be restored to active service and his compensation then, or at any time thereafter, be equal to or greater than one hundred twenty-five percent of his average final compensation at retirement, his retirement allowance shall cease ceases, any election of an optional benefit shall become is void, and he shall again become becomes a member of the system and shall contribute thereafter as provided in Section 9-11-210(1). Any credited service to which he was entitled when he retired shall be is restored to him, and upon subsequent retirement his allowance shall must be based on his compensation and credited service before and after the period of prior retirement. The average final compensation in subsections (1) and (2) of this section may be increased up to ten percent annually to adjust for inflation."
SECTION 5. This act takes effect upon approval by the Governor and applies with respect to earnings in the current and succeeding fiscal years.
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