South Carolina General Assembly
105th Session, 1983-1984

Bill 165

                    Current Status

Bill Number:               165
Ratification Number:       51
Act Number                 26
Introducing Body:          Senate
Subject:                   The retirement system of the general
                           assembly, and the police officers
           retirement system
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A26, R51, S165)

AN ACT TO AMEND SECTIONS 9-1-1660, 9-9-100, AND 9-11-130, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE SURVIVOR BENEFITS FOR INACTIVE MEMBERS OF THE SYSTEM BY DELETING THE REQUIREMENT THAT DEATH OCCUR WHILE IN SERVICE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-425 SO AS TO PROVIDE THAT A CONTRIBUTING MEMBER OF THE RETIREMENT SYSTEM REMAIN SUCH WHILE UNDER EMPLOYMENT BY AN EMPLOYER COVERED BY THE SYSTEM.

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

Death benefits

SECTION 1. Subsection (1) of Section 9-1-1660 of the 1976 Code, as last amended by Section 33 of Act 644 of 1978, is further amended to read:

"(1) The person nominated by a member to receive the full amount of his accumulated contributions in the event of his death before retirement may, if such member dies after the attainment of age sixty-five or after the accumulation of thirty years of creditable service or after the attainment of age sixty with twenty or more years of creditable service, elect to receive in lieu of such accumulated contributions an allowance for life in the same amount as if the deceased member had retired at the time of his death and had named such person as beneficiary under an election of Option 2 of Section 9-1-1620."

Further

SECTION 2. Subsection (3) of Section 9-9-100 of the 1976 Code, as last amended by Section 33 of Act 644 of 1978, is further amended to read:

"(3) Notwithstanding anything herein to the contrary, if a member dies after he has attained age sixty-five or has completed thirty years of creditable service, or after he has attained age sixty and completed at least twenty years of creditable service, the person nominated by him to receive the lump sum amount in subsection (1) above may elect to receive, in lieu of such lump sum payment, an allowance for life in the same amount as if the deceased member of the System had retired at the time of his death and had named such person as contingent beneficiary under Option 1 of Section 9-9-70. Any person otherwise eligible under this subsection to elect to receive an allowance who had attained age sixty-five or after the accumulation of thirty years of creditable service or after the attainment of age sixty with twenty or more years of creditable service but who has received a refund of the member's accumulated contribution under this section may, upon repayment of the refund to the System in a single sum, make the election provided for in this section. The monthly payments under Option 1 to such person shall date from the time of the repayment of the accumulated contributions to the System."

Further

SECTION 3. Subsection (1) of Section 9-11-130 of the 1976 Code, as last amended by Section 33 of Act 644 of 1978, is further amended to read:

"(1) The person nominated by a member, pursuant to Section 9-11-110, to receive a lump sum amount in the event of his death before retirement may, if such member dies after the attainment of age fifty-five with twenty or more years of creditable service or after the accumulation of thirty years of creditable service, elect to receive in lieu of the lump sum amount otherwise payable under item (a) of subsection (1) of Section 9-11-110 an allowance for life in the same amount as if the deceased member had retired at the time of his death and had named such person as beneficiary under an election of Option 1 under Section 9-11-150."

Contributing member of system

SECTION 4. The 1976 Code is amended by adding:

"Section 9-1-425. Notwithstanding any other provision of law, a contributing member of the System shall remain a contributing member while under employment to an employer covered by the System."

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.