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April 3, 2002
Introduced by Reps. Kelley, Cotty, Bales, Barrett, Battle, Chellis, Cooper, Davenport, Delleney, Fleming, Huggins, Keegan, Lourie, McCraw, Miller, Ott, Phillips, Rice, Riser, Rutherford, Sandifer, J.R. Smith, Snow, Stille, Taylor, Trotter, White and Wilder
S. Printed 4/3/02--H.
Read the first time January 29, 2002.
To whom was referred a Bill (H. 4609) to amend Section 8-11-620, Code of Laws of South Carolina, 1976, relating to the lump sum payment for accrued annual leave of state employees, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
ROBERT W. HARRELL, JR. for Committee.
EXPLANATION OF IMPACT:
A review of this bill by the State Retirement Division indicates there will be no increase in either the employer or employee contribution rates or in the unfunded actuarial liability amortization period for the PORS.
Office of State Budget
TO AMEND SECTION 8-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LUMP SUM PAYMENT FOR ACCRUED ANNUAL LEAVE OF STATE EMPLOYEES ON RETIREMENT OR SEPARATION FROM SERVICE, SO AS TO PROVIDE THAT NO LUMP SUM MAY BE PAID TO A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED BY A STATE AGENCY; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED BY A STATE AGENCY TO FILL A FULL-TIME EQUIVALENT POSITION COVERED BY THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, AND TO AMEND SECTION 9-11-90, AS AMENDED, RELATING TO RETURNING TO SERVICE UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEMS, SO AS TO ELIMINATE THE EARNINGS LIMITATION FOR A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED IN A POSITION COVERED BY THAT RETIREMENT SYSTEMS OR OTHER STATE RETIREMENT SYSTEMS AND TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS THE MINIMUM INTERVAL BEFORE A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM MAY BE HIRED BY A COVERED EMPLOYER WITHOUT AFFECTING THE MEMBER'S RETIREMENT ALLOWANCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-11-620 of the 1976 Code is amended to read:
"Section 8-11-620. (A) Upon termination from state employment, an employee may take both annual leave and a lump-sum payment for unused leave, but in no event shall such combination exceed forty-five days in a calendar year except as provided for in Section 8-11-610. If an employee dies, his legal representative shall be entitled to a lump-sum payment for his unused leave, not to exceed forty-five working days, except as provided for in Section 8-11-610. Upon retirement from state employment or upon the death of an employee, a lump-sum payment will be made for unused leave, not to exceed forty-five days, unless a higher maximum is approved under the provisions of Section 8-11-610, and without regard to the earned leave taken during the calendar year in which the employee retires.
(B) A retired member of the South Carolina Police Officers Retirement System who is hired by the State, a state agency, institution of higher learning, board, commission, or school that is a governmental unit of this State, is not eligible for a lump-sum payment for unused leave provided pursuant to subsection (A) of this section."
SECTION 2. Section 8-17-370 of the 1976 Code, as last amended by Act 264 of 2000, is further amended by adding at the end:
"( ) a retired member of the South Carolina Police Officers Retirement System who is hired by an agency to fill all or some fraction of a full-time equivalent (FTE) position covered by the State Employee Grievance Procedure Act."
SECTION 3. Section 9-11-90(4)(a) of the 1976 Code, as last amended by Act 25 of 2001, is further amended to read:
"(a) Notwithstanding the provisions of subsections (1) and (2) of this section, a retired member of the system who has been retired for at least fifteen consecutive calendar days may be hired and return to employment covered by
the this system or any system provided in this title who has been retired for at least sixty days and earn up to fifty thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the this system. If the retired member continues in service after having earned fifty 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 9-11-90(3) apply. If a retired member of the system returns to employment covered by the South Carolina Police Officers Retirement System or any other system provided in this title sooner than sixty fifteen consecutive calendar days after retirement, the member's retirement allowance is suspended while the member remains employed by the a participating employer of any of these systems. 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 4. This act takes effect July 1, 2002.
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