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Current Status Bill Number:View additional legislative information at the LPITS web site.438 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010313 Primary Sponsor:Leatherman All Sponsors:Leatherman Drafted Document Number:l:\council\bills\bbm\10039htc01.doc Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Police Officer, S.C. Retirement System; Teacher and Employee (TERI); eligibility, benefits; Public Officers, Employees History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010313 Introduced, read first time, 06 SF referred to Committee Versions of This Bill
TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT CERTAIN TERI PARTICIPANTS; TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS PERMANENTLY TO INCREASE THE MAXIMUM FROM TWENTY-FIVE THOUSAND DOLLARS TO FORTY-FIVE THOUSAND DOLLARS IN A FISCAL YEAR, TO REQUIRE AT LEAST A SIXTY-DAY BREAK IN SERVICE BEFORE A RETIREE MAY RETURN TO COVERED EMPLOYMENT AND CONTINUE TO RECEIVE THESE BENEFITS, TO PROVIDE THAT THE RETIREMENT BENEFIT OF A RETIREE RETURNING TO COVERED EMPLOYMENT IS SUSPENDED IF THE MINIMUM BREAK IN SERVICE IS NOT OBSERVED, AND TO DELETE OBSOLETE PROVISIONS; AND TO AMEND SECTION 9-1-2210, RELATING TO THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM, SO AS TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MUST BE OFFERED BY THE EMPLOYER AND MUST BE AGREED TO MUTUALLY BY THE EMPLOYEE AND EMPLOYER AND TO PROVIDE AN EXCEPTION TO THIS CURRENT REQUIREMENT FOR A TEACHER-EMPLOYEE, TO CLARIFY CONDITIONS UNDER WHICH A RETIREMENT SYSTEM MEMBER IS INELIGIBLE TO PARTICIPATE AND WHEN A PROGRAM PARTICIPANT IS NO LONGER ELIGIBLE TO PARTICIPATE, TO PROVIDE THAT PROGRAM PARTICIPANTS MUST NOT BE PAID FOR ANNUAL LEAVE WHEN THEY TERMINATE AND PROVIDE THAT THEY ACCRUE SICK AND ANNUAL LEAVE WHICH THEY MAY USE DURING THE PROGRAM PERIOD, TO DELETE REDUNDANT PROVISIONS AND REFERENCES TO THE STATUS OF EMPLOYEES FAILING TO TERMINATE AT THE END OF THE PROGRAM PERIOD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-17-370 of the 1976 Code, as last amended by Act 264 of 2000, is further amended by adding an appropriately numbered item at the end to read:
"( ) Participants in the Teacher and Employee Retention Incentive Program established pursuant to Article 17, Chapter 1 of Title 9 except where specifically otherwise provided in Section 9-1-2210(A) for a teacher-employee."
SECTION 2. Section 9-1-1790(A) of the 1976 Code, as last amended by Section 27B, Part II, Act 100 of 1999, is further amended to read:
"(A) A retired member of the system who has been retired for at least sixty days may return to employment covered by the system and earn up to twenty-five forty-five thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned twenty-five forty-five thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the system who has retired mandatorily because of age pursuant to Section 9-1-1530 If a retired member of the system returns to employment covered by the system sooner than sixty days after retirement, the member's retirement allowance is suspended while the member remains employed by the participating employer. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member."
SECTION 3. Section 9-1-2210 of the 1976 Code, as added by Part II, Section 2A.1 of Act 1 of 2001, is amended to read:
"Section 9-1-2210. (A) An active contributing member who is eligible for service retirement under this chapter and complies with the requirements of this article may elect to participate in the Teacher and Employee Retention Incentive Program (program) when offered this program by an employer participating in the system. Eligibility for participation occurs upon mutual agreement of the employee and employer. However, an employee certified to teach in this State and performing the duties of a teacher, as defined in Section 59-1-130, is eligible to participate in the program without the requirement of consent by the employer. A teacher-employee program participant retains the rights provided in Article 5, Chapter 25 of Title 59 or Article 5, Chapter 17 of Title 8, as applicable. A member electing to participate participating in the program retires for purposes of the system, and the member's normal retirement benefit is calculated on the basis of the member's average final compensation and service credit at the time the program period begins. A member is ineligible to participate after receiving a normal retirement benefit from the system. The program participant shall agree to continue employment with an employer participating in the system for a program period, but the total program period regardless of the number of employers may not to exceed five years from the time the program begins. A break in service while participating in the program ends the program for the participant. The member shall notify the system before the beginning of the program period and of any change in employer while in the program. Participation in the program does not guarantee employment for the specified program period.
(B) During the specified program period, receipt of the member's normal retirement benefit is deferred. The member's deferred monthly benefit must be placed in the system's trust fund on behalf of the member. No interest is paid on the member's deferred monthly benefit placed in the system's trust fund during the specified program period.
(C) During the specified program period, the employer shall pay to the system the employer contribution for active members prescribed by law with respect to any program participant it employs, regardless of whether the program participant is a full-time or part-time employee, or in a temporary or permanent employee position. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State.
(D) A program participant is retired from the retirement system as of the beginning of the program period. A program participant makes no further employee contributions to the system, accrues no service credit during the program period, and is not eligible to receive group life insurance benefits or disability retirement benefits. Accrued annual leave and sick leave used in any manner in the calculation of the program participant's retirement benefit is deducted from the amount of such leave accrued by the participant, and the balance, if any, transfers to the program employment in accordance with the employer's leave policies. A program employee accrues leave as a regular employee. Program participants must not be paid for any annual leave when they terminate from the program, but these program participants accrue and may use sick and annual leave while participating in the program.
(E) A program participant is retired for retirement benefit purposes only. For employment purposes, a program participant is considered to be an active employee, retaining all other rights and benefits of an active employee and is not subject to the earnings limitation of Section 9-1-1790 during the specified program period.
(F) Upon termination of employment either during or at the end of the program period, the member must receive the balance in the member's program account by electing one of the following distribution alternatives either:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
The member also must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program period began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790.
(G) If a program participant dies during the specified program period, the member's designated beneficiary must receive the balance in the member's program account by electing one of the following distribution alternatives either:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
In accordance with the form of system benefit selected by the member at the time the program commenced, the member's designated beneficiary must receive either a survivor benefit or a refund of contributions from the member's system account.
(H) Reserved If a program participant fails to terminate employment with an employer participating in the retirement system within one month after the end of the specified program period, the member must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-1-1790. The program participant also must receive the balance in the member's program account by selecting one of the following alternatives:
(1) a lump-sum distribution, paying appropriate taxes; or
(2) to the extent permitted under law, a tax sheltered rollover into an eligible plan.
(I) A member is not eligible to participate in the program if the member has participated previously in and received a benefit under this program or any other state retirement system."
SECTION 4. Section 9-11-90(4)(a) of the 1976 Code, as last amended by Section 27C, Part II, Act 100 of 1999, is further amended to read:
"(a) Notwithstanding the provisions of subsections (1) and (2) of this section, a retired member of the system may return to employment covered by the system who has been retired for at least sixty days and earn up to twenty-five forty-five thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned twenty-five forty-five thousand dollars in a fiscal year, his retirement allowance must be discontinued during the period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 9-11-90(3) apply. The provisions of this section do not apply to an employee or member of the system who has retired mandatorily because of age pursuant to Section 9-1-1530 If a retired member of the system returns to employment covered by the system sooner than sixty days after retirement, the member's retirement allowance is suspended while the member remains employed by the participating employer. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member."
SECTION 5. This act takes effect July 1, 2001, and applies for persons first participating in the TERI program after June 30, 2001.
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