Current Status Introducing Body:House Bill Number:5061 Primary Sponsor:Carnell Committee Number:30 Type of Legislation:GB Subject:Retirement system for judges, solicitors Residing Body:House Current Committee:Ways and Means Computer Document Number:JIC/5855HTC.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:Carnell Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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5061 House 19940412 Introduced, read first time, 30
referred to Committee
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TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR RETIREMENT BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE THAT A RETIREE UNDER THIS SYSTEM WHO SUBSEQUENTLY IS ELECTED TO THE GENERAL ASSEMBLY MUST BE A MEMBER OF THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY UNLESS THE MEMBER ELECTS NOT TO BE A MEMBER BY FILING A WRITTEN STATEMENT WITH THE STATE BUDGET AND CONTROL BOARD ELECTING NOT TO PARTICIPATE; AND TO AMEND SECTION 9-8-120, AS AMENDED, RELATING TO THE RETURN OF A RETIRED JUDGE OR SOLICITOR TO STATE SERVICE, SO AS TO ELIMINATE REFERENCES TO CONDITIONS UNDER WHICH A RETIRED JUDGE OR SOLICITOR MAY RETAIN RETIREMENT BENEFITS FOLLOWING ELECTION TO THE GENERAL ASSEMBLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 9-8-60(1) of the 1976 Code, as last amended by Act 164 of 1993 is further amended to read:
"(1) Any A member of the system may retire upon written application to the board setting forth at what time, not later than his attaining age seventy-two and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, he the member desires to be retired, if the member at the time so specified for his retirement is no longer in the service of the State, whether as a judge or solicitor or otherwise, except as a member of the General Assembly, and has completed ten years of credited service as a judge or solicitor or was in service as a judge or solicitor on July 1, 1984, and has either attained the age of sixty-five and completed at least twenty years of credited service, or attained age seventy and completed at least fifteen years of credit service, or attained age sixty-five with at least four years' service in the position and has at least twenty-five years' other service with the State, or completed at least twenty-five years of credited service regardless of age. A solicitor is eligible to retire upon completion of twenty-four years of credited service regardless of age. A person is not eligible to receive a retirement allowance under this system while under employment covered by the South Carolina Retirement System, and the South Carolina Police Officers Retirement System, or General Assembly Retirement System.
A person receiving retirement allowances under this system who is elected to the General Assembly may continue continues to receive the retirement allowances during his service while serving in the General Assembly and must also be a member of the General Assembly Retirement System unless the person 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 A person making this election shall not make contributions to the General Assembly Retirement System nor shall the State make contributions on his the member's behalf. The and 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. Section 9-8-120(2) of the 1976 Code is amended to read:
"(2) Except as otherwise provided below, if this return is in a position other than as a solicitor, he the beneficiary, upon cessation of service in the position, is entitled to apply for a retirement allowance at the same rate to which he the beneficiary was previously entitled, disregarding any reduction therein resulting from a previous election of an option. If his the beneficiary's return is as a member of the General Assembly, he may continue receiving his retirement allowances continue under the conditions specified as provided by subsection (1) of Section 9-8-60(1)."
SECTION 3. This act takes effect upon approval by the Governor.