Current Status Introducing Body:House Bill Number:5048 Primary Sponsor:Hodges Committee Number:30 Type of Legislation:GB Subject:Retirement System members, felony Residing Body:House Current Committee:Ways and Means Computer Document Number:JIC/5843HTC.94 Introduced Date:19940412 Last History Body:House Last History Date:19940412 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
____ ______ ____________ ______________________________ ___ ____________
5048 House 19940412 Introduced, read first time, 30
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-110 SO AS TO PROVIDE THAT NO BENEFITS FROM ANY STATE RETIREMENT SYSTEM OTHER THAN A REFUND OF CONTRIBUTIONS MAY BE PAID TO A STATE OFFICER OR EMPLOYEE CONVICTED BEFORE JULY 1, 1994, OR ON OR AFTER JULY 1, 1994, OF A FELONY ARISING OUT OF THE PERFORMANCE OF OFFICIAL DUTIES, TO PROVIDE THAT THE DENIAL OF BENEFITS APPLIES TO A SURVIVING SPOUSE OR OTHER BENEFICIARY OF A MEMBER SO CONVICTED, TO PROVIDE THOSE OFFICERS AND EMPLOYEES TO WHICH THE DENIAL APPLIES, AND TO PROVIDE FOR THE SEVERABILITY OF ANY PART OF THE SECTION HELD UNCONSTITUTIONAL OR OTHERWISE INVALID.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-110(A). Notwithstanding any other provision of this title, no state officer or employee convicted before July 1, 1994, of a felony under the laws of this State or the United States arising out of the performance of official duties is eligible to receive any benefits otherwise due the officer or employee from any of the state retirement systems except as provided in Subsection (C). This ineligibility also extends to the officer or employee's surviving spouse or other beneficiary.
(B) Notwithstanding any other provision of this title, no state officer or employee convicted after June 30, 1994, of a felony under the laws of this State or the United States arising out of the performance of official duties is eligible to receive any benefits otherwise due the officer or employee or the officer or employee's surviving spouse or other beneficiary from any of the state retirement systems except as provided in Subsection (C).
(C) When payment of benefits is denied under this section, the amounts actually contributed or deposited by the individual, less amounts previously refunded or paid as benefits must be refunded on an appropriate application therefor. The refund may be made to the individual or, if deceased, to the individual's beneficiary as previously designated to the applicable system.
(D) The provisions of this section apply to:
(1) all state officers and employees who are members of or beneficiaries of the various state retirement systems as of July 1, 1994, including their survivors and beneficiaries;
(2) all state employees first employed after June 30, 1994;
(3) all state officers elected or appointed for a specific term of office for terms commencing after June 30, 1994."
SECTION 2. If any subsection, item, sentence, clause, phrase, or word of Section 9-1-110 of the 1976 Code as added by this act is for any reason held to be unconstitutional or invalid, this holding does not affect the constitutionality or validity of the remaining portions of this section, the General Assembly declaring that it would have passed this section and each and every subsection, item, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other subsections, items, sentences, clauses, phrases, or words of the section may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect July 1, 1994.