South Carolina General Assembly
103rd Session, 1979-1980

Bill 950


                    Current Status

Bill Number:               950
Ratification Number:       527
Act Number                 448
Introducing Body:          Senate
Subject:                   "Compensation" defined
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A448, R527, S950)

AN ACT TO AMEND SECTIONS 9-11-10 AND 9-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO FURTHER DEFINE "COMPENSATION" AND "EMPLOYER" AND TO AUTHORIZE CERTAIN SERVICE ORGANIZATIONS TO BECOME EMPLOYERS UNDER THE SYSTEM; TO AMEND ACT 97 OF 1977, RELATING TO A VOLUNTARY TAX SHELTERED DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES, SO AS TO FURTHER DEFINE "EMPLOYEES"; AND TO AMEND ACT 150 OF 1979, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO INCLUDE CERTAIN FORMER JUDGES AND SOLICITORS.

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

"Compensation" defined

Section 1. Item (13) of Section 9-11-10 of the 1976 Code is amended by striking", including overtime and other special pay" on lines two and three and inserting "for his full normal working time". The item when amended shall read:

"(13) 'Compensation' shall mean the total remuneration paid to a police officer for service rendered to an employer for his full normal working time; when compensation includes maintenance, fees and other things of value the Board shall fix the value of that part of the compensation not paid in money directly by the employer."

"Employer" defined

Section 2. Item (5) of Section 9-11-10 of the 1976 Code is amended to read:

"(5) 'Employer' shall mean (a) the State, (b) any political subdivision, agency or department of the State which employs police officers and which shall have been admitted to the System as provided in Section 9-11-40 and (c) any service organization, the membership of which is composed solely of persons eligible to be members as defined by this section, if the compensation received by the employees of such service organizations shall be provided from moneys paid by the members as dues, or otherwise, or from funds derived from public sources and if the contributions prescribed by this Title shall be paid from the funds of the service organization."

County, municipality, etc., may become employer

Section 3. Item (a) of subsection (1) of Section 9-11-40 of the 1976 Code is amended by adding "or any service organization referred to in item (5) of Section 9-11-10" between "thereof" and "may" on line two. The item when amended shall read:

"(a) Any county, municipality or other political subdivision of the State, and any agency or department thereof or any service organization referred to in item (5) of Section 9-11-10 may, in its discretion, become an employer by applying to the Board for admission to the System and by complying with the requirements hereof and the rules and regulations of the Board. Such application shall set forth the requested date of admission, which shall be the January first, or the April first, or the July first, or the October first next following receipt by the Board of such application, except that in the case of any applications so received prior to January 1, 1963, the requested date of admission may be July 1, 1962."

"Employees" defined

Section 4. Section 6 of Act 97 of 1977 is amended to read:

"Section 6. For the purposes of this act, 'employees' mean any person whether appointed or elected providing services for the State or any political subdivision thereof for which compensation is paid on a regular basis."

Former judges and solicitors included

Section 5. Subsection (2) of Section 11 of Act 150 of 1979 is amended by adding at the end:

"For purposes of this subsection, 'retired member' shall include those former judges and solicitors who are beneficiaries pursuant to subsection (4) of Section 6 of this act." The subsection as amended shall read:

"(2) Unless a married member has designated a beneficiary other than his spouse in accordance with subsection (1), upon his death prior to retirement an allowance equal to one third of the allowance which would have been payable to him, assuming he was then eligible to retire and had retired on the date of his death, shall be paid to his surviving spouse until her death or remarriage. This allowance is payable in lieu of the lump sum amount payable in accordance with subsection (1). Upon the death of a retired member who has not designated a beneficiary other than a spouse an allowance equal to one third of the allowance which would have been payable to him shall be paid to the surviving spouse until death or remarriage. For purposes of this subsection, 'retired member' shall include those former judges and solicitors who are beneficiaries pursuant to subsection (4) of Section 6 of this act."

Time effective

Section 6. This act shall take effect upon approval by the

Governor.