South Carolina General Assembly
106th Session, 1985-1986

Bill 309

                    Current Status

Bill Number:               309
Ratification Number:       115
Act Number:                74
Introducing Body:          Senate
Subject:                        Retirement system for General
                           Assembly, police officers
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A74, R115, S309)

AN ACT TO AMEND SECTIONS 9-1-1540, 9-1-1580, AND 9-11-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ACT 800 OF 1966, AS AMENDED, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT UPON APPLICATION OF A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE GENERAL ASSEMBLY RETIREMENT SYSTEM WHO IS DISABLED IN THE COURSE OF HIS EMPLOYMENT MAY BE RETIRED BY THE BUDGET AND CONTROL BOARD REGARDLESS OF LENGTH OF SERVICE, THAT A DISABILITY RETIREE OF THE SOUTH CAROLINA RETIREMENT SYSTEM IS SUBJECT TO THE SAME EARNINGS LIMITATION AFTER AGE SIXTY-FIVE AS A SERVICE RETIREE, AND THAT A DISABILITY RETIREE OF THE POLICE OFFICERS RETIREMENT SYSTEM IS SUBJECT TO THE SAME EARNINGS LIMITATION AFTER AGE FIFTY-FIVE AS A SERVICE RETIREE.

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

Disability benefits

SECTION 1. Section 9-1-1540 of the 1976 Code, as last amended by Section 23, Part II, of Act 466 of 1982, is further amended to read:

"Section 9-1-1540. Upon the application of a member in service or of his employer, any member in service on or after July 1, 1970, who has had five or more years of creditable service or any contributing member who is disabled as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership on or after July 1, 1985, may be retired by the Board not less than thirty days and not more than six months next following the date of filing such application on a disability retirement allowance if the Medical Board, after a medical examination of such member, shall certify that such member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent and that the member should be retired.

The South Carolina Retirement System may contract with the Department of Vocational Rehabilitation to evaluate the medical evidence submitted with the disability application relative to the job being performed and make recommendations to the medical board. The medical board may approve a disability retirement subject to the member participating in vocational rehabilitation with the Department of Vocational Rehabilitation. Upon determination by the department that a member retired on disability is able to reenter the job market and work is available, the Retirement System may adjust the benefit paid by the System in accordance with Sections 9-1-1580, 9-1-1590, 9-9-60, and 9-11-90."

Earnings limitation

SECTION 2. Section 9-1-1580 of the 1976 Code, as last amended by Act 383 of 1984, is further amended by adding at the end:

"After age sixty-five, a disability retiree is subject to the same earnings limitation as a service retiree."

Further

SECTION 3. Section 9-11-80 of the 1976 Code, as last amended by Act 383 of 1984, is further amended by adding:

"(5) After age fifty-five, a disability retiree is subject to the same earnings limitation as a service retiree."

Certification for incapacity to work

SECTION 4. Subsection (1) of Section 6A of Act 800 of 1966, as added by Section 2 of Act 44 of 1977, is amended to read:

"(1) Upon the application of a member in service or of the State, any member in service on or after July 1, 1977, who has five or more years of credited service or any contributing member who is disabled as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership on or after July 1, 1985, may be retired by the board not less than thirty days nor more than ninety days next following the date of filing the application on a disability retirement allowance if the medical board, after a medical examination of the member, shall certify that the member is mentally or physically incapacitated for further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired."

Time effective

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