Current Status Introducing Body:House Bill Number:3801 Primary Sponsor:Hodges Committee Number:06 Type of Legislation:GB Subject:Judges and solicitors retirement system Residing Body:Senate Current Committee:Finance Computer Document Number:JIC/5022HC.93 Introduced Date:19930331 Last History Body:Senate Last History Date:19930407 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Hodges Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3801 Senate 19930407 Introduced, read first time, 06
referred to Committee
3801 House 19930406 Read third time, sent to
Senate
3801 House 19930401 Read second time
3801 House 19930331 Introduced, read first time,
placed on Calendar without
reference
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INTRODUCED
March 31, 1993
H. 3801
S. Printed 3/31/93--H.
Read the first time March 31, 1993.
TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO REENACT THE PROVISIONS OF ACT 43 OF 1985 ALLOWING A BENEFICIARY RETURNING TO SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY TO CONTINUE TO RECEIVE BENEFITS UPON FILING A STATEMENT WITH THE STATE BUDGET AND CONTROL BOARD ELECTING NOT TO PARTICIPATE IN THE GENERAL ASSEMBLY RETIREMENT SYSTEM AND TO MAKE THIS PROVISION RETROACTIVE TO ITS ORIGINAL EFFECTIVE DATE.
Whereas, in Act 43 of 1985, effective April 29, 1985, the General Assembly enacted legislation amending Section 9-8-60 of the 1976 Code to allow a beneficiary of the Retirement System for Judges and Solicitors who is elected to the General Assembly to continue to receive benefits by electing in writing not to participate in the General Assembly Retirement System; and
Whereas, in Section 80, Part II, Act 201 of 1985 (the General Appropriations Act for Fiscal Year 1985-86), effective June 20, 1985, the General Assembly again amended Section 9-8-60 to make a change wholly unrelated to the earlier amendment, but in this second amendment failed to include the language of the first amendment; and
Whereas, it was the intention of the General Assembly that Section 9-8-60 of the 1976 Code include both of the 1985 amendments. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 9-8-60(1) of the 1976 Code is amended by adding a paragraph to read:
"A person receiving retirement allowances under this system who is elected to the General Assembly may continue to receive the retirement allowances during his service in the General Assembly if he files a statement with the State Budget and Control Board on a form prescribed by the board electing not to participate in the General Assembly Retirement System while a member of the General Assembly. The person shall not make contributions to the General Assembly Retirement System nor shall the State make contributions on his behalf. The person is not entitled to benefits from the General Assembly Retirement System after ceasing to be a member of the General Assembly."
SECTION 2. This act takes effect upon approval by the Governor and applies with respect to eligible members of the General Assembly serving after April 28, 1985.