House Amendment 2sub
H 5230 - Session 125 (2023-2024)
Retirement System for Judges and Solicitors

Rep. Rutherford proposes the following amendment (LC-5230.SA0012H):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION X. Chapter 9, Title 9 of the S.C. Code is amended by adding:

 Section 9-9-6. (A) Notwithstanding the provisions of Section 9-9-5, an individual first elected to the General Assembly at or after the general election of 2024, upon his election, may elect to become a member of the Retirement System for Members of the General Assembly as provided in this chapter as if the provisions of that section had never been enacted, the South Carolina Retirement System, or the State Optional Retirement Program. For purposes of this subsection "first elected" means an individual who became a member of the General Assembly for the first time at or after the general election of 2024 and had no prior service in the General Assembly.
 (B) Notwithstanding the provisions of Section 9-9-5, an individual first elected to the General Assembly at or after the general election of 2012 may elect to become a member of the Retirement System for Members of the General Assembly as provided in this chapter as if the provisions of that section had never been enacted. For purposes of this section "first elected" means an individual who became a member of the General Assembly for the first time at or after the general election of 2012 and had no prior service in the General Assembly.
 (C) A member of the General Assembly earning service credit in the South Carolina Retirement System or making contributions to the State Optional Retirement Program pursuant to the then applicable provisions of Section 9-9-5(A) and (B) irrevocably may elect to become a member of the Retirement System for Members of the General Assembly. A member making the election allowed by this item may establish as credited service in GARS the time the member served in the General Assembly as an active contributing member of the South Carolina Retirement System or who made contributions to the State Optional Retirement Program on account of the service.
 (D) Service credit in the Retirement System for Members of the General Assembly pursuant to the provisions this section may be established as provided in Section 9-9-50(2) and a member may transfer the balance of the member's South Carolina Retirement System or State Optional Retirement Program contributions plus interest attributable to the service to GARS as a credit against the amount otherwise due GARS.