South Carolina General Assembly
114th Session, 2001-2002

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Bill 739


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      739
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010606
Primary Sponsor:                  Bauer
All Sponsors:                     Bauer
Drafted Document Number:          l:\council\bills\swb\5501djc01.doc
Residing Body:                    Senate
Current Committee:                Finance Committee 06 SF
Subject:                          State health insurance, disabled law 
                                  enforcement officer eligible; Public 
                                  employees, administrative paid leave when


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010606  Introduced, read first time,           06 SF
                  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 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN STATE INSURANCE PLANS, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS EMPLOYED BY AN ENTITY WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE INSURANCE PLANS WHO ARE PERMANENTLY DISABLED IN THE LINE OF DUTY AND WHOSE EMPLOYMENT IS TERMINATED AS A RESULT OF THE DISABILITY ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS AND STATE PAID PREMIUMS; AND TO AMEND SECTION 8-11-40, AS AMENDED, RELATING TO SICK LEAVE, SO AS TO PROVIDE THAT PERMANENT FULL-TIME STATE EMPLOYEES AND LAW ENFORCEMENT OFFICERS WHO ARE TEMPORARILY DISABLED AS A RESULT OF AN ASSAULT ARISING OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT MUST BE PLACED ON ADMINISTRATIVE LEAVE WITH PAY BY THEIR EMPLOYER RATHER THAN SICK LEAVE.

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

SECTION 1. Section 1-11-730 of the 1976 Code, as last amended by Act 387 of 2000, is further amended by adding:

"(H) All active law enforcement officers employed by an entity whose employees or retirees are eligible for state health and dental plans who were or would have been eligible for the plans upon completion of five years' service who are permanently disabled in the line of duty and not as the result of their own misconduct, as the result of an accident, injury, or disease arising out of or in the course of their employment, whose employment is terminated as a result of the disability are eligible for state health and dental insurance plans and state-paid premiums effective on the date their employment is terminated on account of the disability for so long as the disability continues."

SECTION 2. Section 8-11-40 of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:

"Section 8-11-40. All permanent full-time state employees are entitled to fifteen days sick leave a year with pay. Sick leave is earned by permanent full-time state employees at the rate of one and one-fourth days a month and may be accumulated, but no more than one hundred eighty days may be carried over from one calendar year to another. The department or agency head is authorized to grant additional sick leave in extenuating circumstances upon approval of the State Budget and Control Board. All permanent part-time and hourly employees are entitled to sick leave prorated on the basis of fifteen days a year subject to the same carry-over specified herein. In the event an employee transfers from one state agency to another, his sick leave balance also is transferred. The State Budget and Control Board, through the Division of Personnel, may promulgate those regulations in accordance with law as may be necessary to administer the provisions of this section, including the power to define the use of sick leave.

Permanent and probationary full-time state employees and all active law enforcement officers who are temporarily disabled as a result of an assault by an inmate, patient, or client arising out of and in the course of their employment must be placed on administrative leave with pay by their employer rather than sick leave. The period of administrative leave per incident may not exceed one hundred eighty calendar days.

Employees earning sick leave as provided in this section may use not more than eight days of sick leave annually to care for ill members of their immediate families. For purposes of this section, the employee's 'immediate family' means the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, or legal guardian and grandchildren if the grandchild resides with the employee and the employee is the primary caretaker of the grandchild."

SECTION 3. This act takes effect upon approval by the Governor.

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