Bill 782

                    Current Status

Bill Number:               782
Ratification Number:       439
Act Number:                386
Introducing Body:          Senate
Subject:                   Relating to the South Carolina Retirement
                           System, the retirement system for members of
                           the General Assembly, the South Carolina
                           Police Officers Retirement System, and the
                           retirement system for judges and
                           solicitors

(A386, R439, S782)

AN ACT TO AMEND SECTIONS 9-1-1770, 9-9-100, AND 9-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 150 OF 1979, ALL AS AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE THAT A MEMBER IS IN SERVICE AT THE DATE OF HIS DEATH IF HIS LAST DAY OF "EARNED SERVICE CREDIT" INSTEAD OF "ACTUAL SERVICE" OCCURRED NOT MORE THAN NINETY DAYS BEFORE THE MEMBER'S DEATH.

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

Accumulated contributions to be paid

SECTION 1. The third paragraph of Section 9-1-1770 of the 1976 Code, as last amended by Act 26 of 1977, is further amended to read:

"Upon receipt of proof, satisfactory to the Board, of the death of a contributing member in service who had completed at least one full year of membership in the System or of the death of a contributing member as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, as of the effective date of his employer's participation, there must be paid to the person he nominated for the refund of his accumulated contributions in the event of his death pursuant to Section 9-1-1650, if the person is living at the time of the member's death, otherwise to the member's estate, a death benefit equal to the annual earnable compensation of the member at the time his death occurs. The death benefit is payable apart and separate from the payment of the member's accumulated contributions on his death pursuant to the provisions of Section 9-1-1650 or Section 9-1-1660. For purposes of this section, a member is considered to be in service at the date of his death if his last day of earned service credit occurred not more than ninety days before the date of his death and he has not retired."

Further

SECTION 2. The fourth paragraph of Section 9-9-100 of the 1976 Code, as last amended by Act 26 of 1977, is further amended to read:

"(4) Upon receipt of proof, satisfactory to the Board, of the death, on or after July 1, 1969, of a member of the System then in service as a member of the General Assembly who had completed at least one full year of membership in the System or of the death of an in-service member as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, there must be paid to the person he nominated for the refund of his accumulated contributions pursuant to Section 9-9-90, if the person is living at the time of the member's death, otherwise to the member's estate, a death benefit equal to the annual earnable compensation of the member at the time his death occurs. The death benefit is payable apart and separate from the payment of the lump sum amount, or the allowance in lieu thereof, pursuant to the provisions of paragraphs (1) and (3) above. For purposes of this paragraph, a member is considered to be in service at the date of his death if his last day of earned service credit as a member of the General Assembly occurred not more than ninety days before the date of his death and he has not retired or withdrawn contributions."

Further

SECTION 3. The third paragraph of Section 9-11-120 of the 1976 Code, as last amended by Act 26 of 1977, is further amended to read:

"Upon proof satisfactory to the board of the death of a contributing member in service after completion of at least one full year of membership or of the death of a contributing member as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, whose employer is participating in the Program, there must be paid to the person he nominated for the refund of his accumulated contributions pursuant to Section 9-11-110, if the person is living at the time of the member's death, otherwise to the member's estate, a death benefit equal to the annual compensation of the member at the time his death occurs. The death benefit is payable apart and separate from the payment of the amount provided by Section 9-11-110. For purposes of this section, a member is considered to be in service at the date of his death if his last day of earned service credit occurred not more than ninety days before the date of his death and he has not retired."

Death benefit

SECTION 4. Subsection (5) of Section 11 of Act 150 of 1979 is amended to read:

"(5) Upon receipt of proof, satisfactory to the Board, of the death of a member in service as a judge or solicitor who had completed at least one full year of credited service in the System or of the death of a member in service as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, there must be paid to his spouse unless he has nominated a beneficiary by written designation filed with the Board, if the person is living at the time of the member's death, otherwise to the member's estate, a death benefit equal to the annual compensation of the member at the time his death occurs. The benefit must be payable apart and separate from the payment of the allowance, or the lump sum amount in lieu thereof, pursuant to the provisions of subsection (1), (2), or (3) above. A member may designate his estate to receive this death benefit in lieu of his spouse, or other beneficiary nominated in subsection (1). For purposes of this subsection, a member is considered to be in service at the date of his death if his last day of earned service credit as a judge or solicitor occurred not more than ninety days before his death and he has not retired or withdrawn contributions."

Time effective

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