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H. 4648
STATUS INFORMATION
General Bill
Sponsors: Reps. Sinclair, Whipper, McLeod, G.M. Smith, Rutherford, Weeks, Agnew, Altman, Bannister, Clemmons, Coleman, Delleney, Harrison, Jennings, Lucas, F.N. Smith, W.D. Smith, Talley and Viers
Document Path: l:\council\bills\ms\7116ahb06.doc
Introduced in the House on February 14, 2006
Currently residing in the House Committee on Ways and Means
Summary: Retirement system for judges
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/14/2006 House Introduced and read first time HJ-3 2/14/2006 House Referred to Committee on Ways and Means HJ-3
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 9-8-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETURN OF BENEFICIARIES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS TO THE SERVICE OF THE STATE; SO AS TO REMOVE THE PROHIBITION ON RETIRED JUSTICES OR JUDGES FROM RECEIVING PAY WHILE PERFORMING JUDICIAL DUTIES AT THE CALL OR APPOINTMENT OF THE CHIEF JUSTICE OF THE SUPREME COURT, TO PROVIDE THAT THEY BE PAID A STIPEND IN ADDITION TO MILEAGE AND PER DIEM WHEN THEY ARE PERFORMING JUDICIAL DUTIES, AND TO PROVIDE A CAP ON THE SALARY THEY MAY EARN FOR SERVING IN THIS RETIRED CAPACITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 9-8-120(3) of the 1976 Code, as last amended by Act 610 of 1990, is further amended to read:
"(3) Subject to the limitations contained in Section 14-1-215, a retired justice or judge may be called upon and appointed by the Chief Justice of the Supreme Court to perform judicial duties in the Supreme Court, Court of Appeals, circuit courts, and family courts as he may be willing and able to undertake. A retired justice or judge serving as an acting associate justice or as a judge shall serve without pay except for his actual expenses while serving receive a stipend of one hundred fifty dollars per day in addition to mileage and per diem provided in the same manner as an active justice or judge is entitled to earn. If a retired justice or judge has performed for a period of three or more consecutive months full judicial duties as an acting associate justice or as a judge his retirement pay for each full month during this period must be increased by an amount equal to the difference between retirement payment and active pay. However, a retired justice or judge serving as an acting justice or as a judge may not earn more than one hundred percent of the salary of an active circuit court judge. Upon certification by the Chief Justice setting forth the number of full months of the service the State Treasurer shall make payment accordingly."
SECTION 2. This act takes effect upon approval by the Governor.
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