Current Status Bill Number:126 Ratification Number:216 Act Number:139 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Land All Sponsors:Land and Washington Drafted Document Number:RES9417.JCL Date Bill Passed both Bodies:19950613 Date of Last Amendment:19950613 Governor's Action:S Date of Governor's Action:19950628 Subject:Judges and solicitors, retirement
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19950628 Act No. A139
------ 19950628 Signed by Governor
------ 19950615 Ratified R216
Senate 19950613 Ordered enrolled for ratification
House 19950613 Conference Committee Report adopted 98 HCC
Senate 19950613 Conference Committee Report adopted 88 SCC
Senate 19950601 Conference powers granted, 88 SCC Land
appointed Senators to Committee Mescher
of Conference Saleeby
House 19950601 Conference powers granted, 98 HCC Marchbanks
appointed Reps. to Committee of P. Harris
Conference Carnell
House 19950601 Insists upon amendment
Senate 19950601 Non-concurrence in House amendment
Senate 19950511 Reconsidered vote whereby
concurred in House amendment and
ordered enrolled for ratification
Senate 19950511 Concurred in House amendment,
enrolled for ratification
House 19950511 Read third time, returned to Senate
with amendment
House 19950510 Amended, read second time
House 19950509 Debate adjourned until
Wednesday, 19950510
House 19950503 Committee report: Favorable 30 HWM
House 19950222 Introduced, read first time, 30 HWM
referred to Committee
Senate 19950221 Read third time, sent to House
Senate 19950216 Read second time
Senate 19950215 Committee report: Favorable 06 SF
Senate 19950110 Introduced, read first time, 06 SF
referred to Committee
Senate 19941003 Prefiled, referred to Committee 06 SF
View additional legislative information at the LPITS web site.
(A139, R216, S126)
AN ACT TO AMEND SECTION 9-1-1650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMOUNTS PAID AT TERMINATION OF EMPLOYMENT AND CERTAIN ELECTIONS UNDER THE STATE RETIREMENT SYSTEM, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME CONTINGENT BENEFICIARIES; TO AMEND SECTION 9-8-110, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME SECONDARY BENEFICIARIES AND TO DELETE THE PROVISION TERMINATING CERTAIN BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER UPON REMARRIAGE; TO ADD SECTION 9-9-55 SO AS TO PROVIDE THAT ANY MEMBER OF THE GENERAL ASSEMBLY WHO SERVED IN THE GENERAL ASSEMBLY ANY PORTION OF A YEAR MAY ESTABLISH CREDIT FOR THE ENTIRE YEAR BY PAYING THE FULL ACTUARIAL COST THEREOF; TO AMEND SECTION 9-9-100, AS AMENDED, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME CONTINGENT BENEFICIARIES; AND TO AMEND SECTION 9-11-110, RELATING TO LUMP SUM BENEFITS PAID IN THE EVENT OF DEATH OF A MEMBER OF THE POLICE OFFICER'S RETIREMENT SYSTEM PRIOR TO RETIREMENT, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME CONTINGENT BENEFICIARIES.
Be it enacted by the General Assembly of the State of South Carolina:
Contingent beneficiaries
SECTION 1. Section 9-1-1650 of the 1976 Code is amended by adding at the end:
"An active contributing member making the nomination provided under this section also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance, a contingent beneficiary is considered the member's beneficiary for purposes of this section and Section 9-1-1660, if applicable."
Secondary beneficiaries; remarriage does not terminate certain benefits
SECTION 2. Section 9-8-110(1) and (2) of the 1976 Code are amended to read:
"(1) Except as provided in subsections (2) and (3) of this section, upon the death of any member of the system, a lump sum amount must be paid to the persons the member nominated by written designation, filed with the board, otherwise to his estate. This amount must be equal to the amount of the member's accumulated contributions. An active contributing member making the nomination provided under this section also may name secondary beneficiaries in the same manner that beneficiaries are named. A secondary beneficiary has no rights under this chapter unless all beneficiaries nominated by the member predecease the member and the member's death occurs while in service. In this instance, a secondary beneficiary is considered the member's beneficiary for purposes of this section.
(2) Unless a married member has designated a beneficiary other than his spouse in accordance with subsection (1), upon his death prior to retirement an allowance equal to one-third of the allowance which would have been payable to him, assuming he was then eligible to retire and had retired on the date of his death, shall be paid to his surviving spouse until her death. This allowance is payable in lieu of the lump sum amount payable in accordance with subsection (1). Upon the death of a retired member who has not designated a beneficiary other than a spouse an allowance equal to one-third of the allowance which would have been payable to him, shall be paid to the surviving spouse until death. For purposes of this subsection, `retired member' shall include those former judges and solicitors who are beneficiaries pursuant to subsection (4) of Section 9-8-60."
Credit established for entire year
SECTION 3. The 1976 Code is amended by adding:
"Section 9-9-55. Notwithstanding any other provision of law, any member of the General Assembly who served in the General Assembly any portion of a year may establish credit for the entire year by paying the full actuarial cost as determined by the Retirement System for members of the General Assembly."
Contingent beneficiaries
SECTION 4. Section 9-9-100(1) of the 1976 Code is amended to read:
"(1) Upon the death of a member of the system, a lump sum amount must be paid to the person the member nominated by written designation, filed with the board, otherwise to the member's estate. This lump sum amount must be equal to the amount of the member's accumulated contributions. An active contributing member making the nomination provided under this item also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance, a contingent beneficiary is considered the member's beneficiary for purposes of this item and item (3) of this section, if applicable."
Contingent beneficiaries
SECTION 5. Section 9-11-110 of the 1976 Code is amended by adding at the end:
"(3) An active contributing member making the nomination provided under subsection (1) of this section also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance, a contingent beneficiary is considered the member's beneficiary for purposes of subsection (1) of this section and Section 9-11-130, if applicable."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 28th day of June, 1995.