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H. 3082
STATUS INFORMATION
General Bill
Sponsors: Rep. Jefferson
Document Path: l:\council\bills\ms\7008ahb07.doc
Introduced in the House on January 9, 2007
Currently residing in the House Committee on Judiciary
Summary: Judges and solicitors
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2006 House Prefiled
12/13/2006 House Referred to Committee on Judiciary
1/9/2007 House Introduced and read first time HJ-51
1/9/2007 House Referred to Committee on Judiciary HJ-51
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY RETIREMENT AGE OF JUDGES AND SOLICITORS, SO AS TO INCREASE THE MANDATORY RETIREMENT AGE FROM SEVENTY-TWO TO SEVENTY-EIGHT; AND TO AMEND SECTION 22-1-25, RELATING TO THE MANDATORY RETIREMENT AGE OF MAGISTRATES, SO AS TO INCREASE THE MANDATORY RETIREMENT AGE FROM SEVENTY-TWO TO SEVENTY-EIGHT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 9-8-60(1) of the 1976 Code, as last amended by Act 249 of 2004, is further amended to read:
"(1) A member of the system may retire upon written application to the board setting forth at what time, not later than the end of the calendar year in which the member attains age seventy-two seventy-eight and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, the member desires to be retired, if the member at the time so specified for retirement is no longer in the service of the State, except as a member of the General Assembly, and has completed ten years of earned service as a judge or eight years of earned service as a solicitor or was in service as a judge or solicitor on July 1, 1984, and has either:
(a) attained the age of sixty-five and completed at least twenty years of credited service; or
(b) attained age seventy and completed at least fifteen years of credited service; or
(c) completed at least twenty-five years of credited service in the system for a judge, or twenty-four years of credited service in the system for a solicitor, regardless of age. A member may retire under this section if the member was a member of this system as of June 30, 2004; attained age sixty- five with at least four years' earned service in the position of judge or solicitor; and, as of June 30, 2004, had a total of twenty-five years of credited service with the State in the South Carolina Retirement System, the Police Officers Retirement System, or the Retirement System for Members of the General Assembly.
A person is not eligible to receive a retirement allowance under pursuant to this system while under employment covered by the South Carolina Retirement System and the South Carolina Police Officers Retirement System except as provided in Section 9-8-65.
A person receiving retirement allowances under pursuant to this system who is elected to the General Assembly continues to receive the retirement allowances while serving in the General Assembly and also must also be a member of the General Assembly Retirement System unless the person files a statement with the State Budget and Control Board on a form prescribed by the board electing not to participate in the General Assembly Retirement System while a member of the General Assembly. A person making this election shall may not make contributions to the General Assembly Retirement System nor shall may the State make contributions on the member's behalf and the person is not entitled to benefits from the General Assembly Retirement System after ceasing to be a member of the General Assembly."
SECTION 2. Section 22-1-25 of the 1976 Code, as added by Act 183 of 1993, is amended to read:
Section 22-1-25. Notwithstanding the provisions of Section 9-1-1530 or Section 1-13-80(h)(I)(8), (10) or (12), it shall be is mandatory for a magistrate to retire not later than the end of the fiscal year in which he reaches his seventy-second seventy-eighth birthday. Any magistrate serving in office on the effective date of this section who has attained the age of seventy-two years prior to July 1, 1993, may continue to serve until June 30, 1994."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, October 10, 2011 at 1:32 P.M.