A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-20-10, RELATING TO STATE OPTIONAL RETIREMENT PROGRAM DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE DISTRICTS IN THE DEFINITION OF "EMPLOYER."

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 9-20-10(1) and (2) of the S.C. Code is amended to read:

 

    (1) "Employer" means:

       (a) a school district that receives funding from the State from the annual appropriation to the Department of Education for Aid to School Districts-Employer Contributions in the annual general appropriations act;

       (b) a four-year and postgraduate institution of higher education supported and under the control of the State;

       (c) a technical college supported and under the control of the State;

       (d) the State or any of its departments, agencies, bureaus, commissions, and institutions, provided that such entity does not meet the definition of item (1)(a), (b), or (c) of this section.; or

       (e) a special purpose district, as defined in Section 6-11-1610, that participates as an employer in the South Carolina Retirement System.

    (2) "Eligible employee" means:

       (a) a person hired on or after July 1, 2001, by an employer as defined in Section 9-20-10(1)(a) to fill a permanent full-time position;

       (b) a person hired on or after July 1, 2002, by an employer as defined in Section 9-20-10(1)(b), (c), or (d) to fill a permanent full-time position;

       (c) a person hired on or after July 1, 2003, by an employer as defined in Section 9-20-10(1)(a), (b), (c), or (d) to fill a temporary position or a part-time permanent position;

       (d) a person employed by an employer as defined in Section 9-20-10(1) who, as of June 30, 2001, was a participant of the Optional Retirement Program for Teachers and School Administrators or who, as of June 30, 2002, was a participant of the Optional Retirement Program for Publicly Supported Four-Year and Postgraduate Institutions of Higher Education;  or

       (e) an employee, hired on or after January 1, 2003, by the State or any of its departments, agencies, bureaus, commissions, or institutions who is not covered by the State Employee Grievance Procedure but who is eligible to participate in either the South Carolina Retirement System or the Police Officers Retirement System.; or

       (f) an employee, hired after June 30, 2027, by an employer as defined in Section 9-20-10(1)(e).

    However, an employee who exercises an option to not participate in the South Carolina Retirement System under Section 9-1-550 is not eligible to participate in the State Optional Retirement Program.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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