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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
June 6, 2001
S. Printed 6/6/01--S.
Read the first time April 26, 2001.
TO AMEND SECTION 9-1-1795, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE EARNINGS LIMITATION FOR RETIRED CERTIFIED TEACHERS EMPLOYED IN GEOGRAPHIC OR CRITICAL ACADEMIC NEED AREAS, SO AS TO PROVIDE THAT BEGINNING JUNE 1, 2001, ANY RETIRED CERTIFIED SCHOOL DISTRICT EMPLOYEE WHO IS NOT A CERTIFIED TEACHER MAY RETURN TO SUCH CERTIFIED EMPLOYMENT IN A SCHOOL OR SCHOOL DISTRICT WHICH IS IN A CRITICAL GEOGRAPHIC NEED AREA, WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW WITHOUT AFFECTING THE MONTHLY ALLOWANCE HE OR SHE IS RECEIVING FROM THE SYSTEM, AND TO PROVIDE THAT BEGINNING JUNE 1, 2001, A CERTIFIED TEACHER ALSO MAY RETURN TO TEACH IN THE CLASSROOM IN HIS AREA OF CERTIFICATION IN A SCHOOL OR SCHOOL DISTRICT WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 9-1-1795 of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"Section 9-1-1795. (A) A retired member of the system may return to employment covered by the system without affecting the monthly retirement allowance he is receiving from the system
, if the retired member is a certified teacher and is employed by a school district to teach in the classroom in his area of certification in a critical academic need area or geographic need area as defined by the State Board of Education.
(B) For the provisions of this section to apply, the Department of Education must review and approve, from the documentation provided by the school district, that no qualified, nonretired member is available for employment in the position, and that the member selected for employment meets the requirements of this section. However, a school district may not consider a member of the system for employment before May
31 thirty-first of each year. After approval is received from the Department of Education, school districts must notify the State Board of Education of the engagement of a retired member as a teacher and the department must notify the State Retirement System of their exemption from the earnings limitation. If the employing district fails to notify the department of the engagement of a retired member as a teacher, the district shall reimburse the system for all benefits wrongly paid to the retired member.
(C) A school district shall pay to the system the employer contribution for active members prescribed by law with respect to any retired member engaged to perform services for the district, regardless of whether the retired member is a full-time or part-time employee, a temporary or permanent employee. If a district which 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 district by the State.
(D) Beginning July 1, 2001, any retired certified school teacher or certified employee may be employed in a school or school district which is in a critical geographic need area or has received a 'below average' or 'unsatisfactory' academic performance rating pursuant to the Education Accountability Act without penalty from the South Carolina Retirement System."
SECTION 2. Section 9-9-110 of the 1976 Code is amended to read:
Should any beneficiary return to the service of the State, whether as a member of the General Assembly or otherwise, his retirement allowance shall cease and any optional election shall be null and void.
such return is a retired member returns to service as a member of the General Assembly, he the retired member shall be may elect to become a contributing member of the System , or may elect to remain a retiree and continue to receive a retirement benefit. The election pursuant to this paragraph is irrevocable and applies for as long as that person serves thereafter in the General Assembly, including service in both regular and extra sessions.
If a retired member returning to serve as a member of the General Assembly elects to become a contributing member, the retired member
and shall must be credited with all service standing to his the retired member's credit at the time of his retirement ; and the retirement allowance payable upon his the person's subsequent retirement shall must be based on the total of his the person's credited service rendered before and after his return to service.
If a retired member returning to serve as a member of the General Assembly elects to remain a retiree, the retired member may continue to receive a retirement benefit while serving in the General Assembly. A retired member returning to service in the General Assembly who elects to continue to receive a retirement benefit pursuant to this paragraph shall make no further contributions to the system, shall earn no further service credit, may not reenter membership in the system, and has elected to receive a retirement allowance in lieu of receiving the constitutionally mandated per diem salary, currently established at ten thousand four hundred dollars for a regular session.
If such return is in a position other than as a member of the General Assembly, he shall, upon cessation of service in such position or positions, be entitled to apply for a retirement allowance hereunder at the same rate to which he was previously entitled, disregarding any reduction therein resulting from a previous election of an option.
Notwithstanding any other provision of law, if a retired member returns
the return to service is in a position other than as a member of the General Assembly that is covered by the South Carolina Retirement System, the Police Officers Retirement System, or the Retirement System for Judges and Solicitors, the member shall be is subject to the same earnings limitation as under the South Carolina Retirement System."
SECTION 3. This act takes effect upon approval by the Governor.
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