Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
February 12, 2003
S. 340
S. Printed 2/12/03--S. [SEC 2/13/03 2:27 PM]
Read the first time February 6, 2003.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 9 SO AS TO PROVIDE THE REMEDIES AVAILABLE IN A DISPUTE OR CONTROVERSY BETWEEN THE SOUTH CAROLINA RETIREMENT SYSTEMS AND A MEMBER OR DESIGNATED BENEFICIARY OF A MEMBER OF ANY OF THE RETIREMENT SYSTEMS ESTABLISHED IN TITLE 9.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 9 of the 1976 Code is amended by adding:
Section 9-21-10. This chapter may be cited as the 'South Carolina Retirement Systems Claims Procedures Act'.
Section 9-21-20. As used in this chapter:
(1) 'Administrative Law Judge Division' means the Administrative Law Judge Division created pursuant to Section 1-23-500.
(2) 'Board' means the State Budget and Control Board.
(3) 'Claimant' means a member or a member's designated beneficiary who has filed a claim pursuant to this chapter.
(4) 'Director' means the Director of the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, and the Retirement System for Judges and Solicitors.
(5) 'Exhaustion of agency remedy' means that the member has:
(a) filed a timely claim pursuant to Section 9-21-50 containing the information required pursuant to that section;
(b) participated in the agency claims procedure established by the board; and
(c) obtained a final retirement system decision.
(6) 'Member' means a participant in the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, the Retirement System for Judges and Solicitors, or a person claiming the status and entitlements of a 'member'.
(7) 'Member's designated beneficiary' or 'beneficiary' means a person designated by a participant in the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, or the Retirement System for Judges and Solicitors to receive a benefit from the retirement systems or a person claiming the status and entitlements of a 'member's designated beneficiary'.
(8) 'South Carolina Retirement Systems' or 'retirement systems' means the division of the board administering the South Carolina Retirement System, the South Carolina Police Officers System, the Retirement System for Members of the General Assembly, and the Retirement System for Judges and Solicitors.
Section 9-21-30. This chapter applies to a controversy or dispute between a member or a member's designated beneficiary and the retirement systems which arises pursuant to or by virtue of any of the provisions of this title. The procedures set forth in this chapter constitute the exclusive remedy for a dispute or controversy between the retirement systems and a member or a member's designated beneficiary arising pursuant to or by virtue of Title 9 of the Code of Laws of South Carolina, 1976. A claim presenting a dispute or controversy arising pursuant to or by virtue of this title must be resolved in accordance with the procedures and provisions provided in this chapter.
Section 9-21-40. A claim brought pursuant to this chapter must be prosecuted by the member or the member's designated beneficiary, respectively, or by an attorney authorized by the member or the designated beneficiary, respectively. A member or member's designated beneficiary may not bring a claim under this chapter as a representative of any other member or any other member's designated beneficiary unless acting as the guardian ad litem for the real party in interest. A claim may not be prosecuted on behalf of a class.
Section 9-21-50. (A) A member or the member's designated beneficiary shall file a claim concerning an administrative decision by the retirement systems arising pursuant to or by virtue of this title that adversely affects the personal interest of the member or the member's designated beneficiary by the filing of a written claim with the director within one year of the decision by the retirement systems.
(B) The written claim must set forth:
(1) the name, address, and social security number of the member; and if brought by the member's designated beneficiary, the name and social security number of the beneficiary;
(2) the basis of the claimant's dispute with the retirement systems;
(3) a statement of facts supporting the claimant's position;
(4) a statement outlining the reasons for the claim, including any law or authority upon which the claimant relies; and
(5) any other relevant information that the retirement systems may reasonably prescribe.
(C) The retirement systems must resolve a claim filed pursuant to this chapter in accordance with the procedures established by the board. These procedures for review of claims must be adopted by the board in public session and made available to members. These procedures for dispute resolution adopted by the board must include and provide for an opportunity for the claimant to present the claim either in writing or in a conference, or both, before the issuance of a final agency determination. In addition, the procedures must provide for informing the claimant of the evidence or information that was relied upon by the retirement systems in making its final decision. Notwithstanding any other provision of law, the procedures established by the board are not governed by either Article 1 or 3 of Chapter 23 of Title 1.
(D) A claimant is not entitled to receive retroactive retirement benefits or any other monetary relief for a period that exceeds one year from the date of the filing of the claim under this chapter.
(E) The retirement systems must make a determination concerning the claim at the conclusion of the internal agency process.
(F) A retirement system's final decision that is adverse to the claimant must be in writing and must:
(1) be sent by mail to the address provided the retirement systems by the claimant or delivered to the claimant;
(2) explain the basis of the retirement systems' decision; and
(3) inform the claimant of the claimant's right to file an appeal with the Administrative Law Judge Division.
Section 9-21-60. Upon exhaustion of the agency remedy set out in this chapter, a claimant may seek appellate review of the retirement systems' final decision by filing a notice of appeal with the Administrative Law Judge Division within thirty calendar days after the claimant receives the retirement systems' final decision. The Administrative Law Judge Division must review the decision of the retirement systems de novo in a manner substantially similar to the Administrative Law Judge Division provisions for review of contested cases pursuant to Section 1-23-380(B). A request for review before the Administrative Law Judge Division must be made in accordance with its rules. If a claimant requests consideration by the Administrative Law Judge Division before having exhausted the claimant's agency remedy, the Administrative Law Judge Division must dismiss the request without prejudice.
Section 9-21-70. A claimant may appeal a decision of the Administrative Law Judge Division in a case brought pursuant to this chapter to the Richland County Court of Common Pleas. Appeals of Administrative Law Judge Division decisions must be made in accordance with Section 1-23-610(C). If a claimant brings an action covered by this chapter in the court of common pleas other than an appeal of an Administrative Law Judge decision, the court must dismiss the case without prejudice."
SECTION 2. Section 9-11-10(23)(b) of the 1976 Code is amended to read:
"(b) an employee after January 1, 2000, of the South Carolina Department of Corrections, or the South Carolina Department of Juvenile Justice or the South Carolina Department of Mental Health who, by the terms of his employment, is a peace officer as defined by Section 24-1-280."
SECTION 3. Section 24-1-280 of the 1976 Code is amended to read:
"Section 24-1-280. An employee of the South Carolina Department of Corrections, or the South Carolina Department of Juvenile Justice, or the Department of Mental Health whose assigned work location is one of the correctional facilities of the Department of Corrections or the Department of Juvenile Justice, while performing his officially assigned duty relating to the custody, control, transportation, or recapture of an inmate within the jurisdiction of his department, or an inmate of any jail, penitentiary, prison, public work, chain gang, or overnight lockup of the State or any political subdivision of it not within the jurisdiction of his department, has the status of a peace officer anywhere in the State in any matter relating to the custody, control, transportation, or recapture of the inmate."
SECTION 4. This act takes effect on the later of July 1, 2003, or the effective date of procedures adopted by the State Budget and Control Board pursuant to the requirements of Chapter 21, Title 9 of the 1976 Code as added by this act and applies for disputes arising on or after that date.
This web page was last updated on Thursday, June 25, 2009 at 9:35 A.M.