South Carolina General Assembly
113th Session, 1999-2000

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Bill 3633


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3633
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990302
Primary Sponsor:                  Wilkins
All Sponsors:                     Wilkins
Drafted Document Number:          l:\council\bills\nbd\11170mm99.doc
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Subject:                          Retirement System, error may be corrected 
                                  within two years of its commission; 
                                  certification and correction


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990302  Introduced, read first time,           30 HWM
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION.

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

SECTION 1. Section 9-1-1670 of the 1976 Code is amended to read:

"Section 9-1-1670. (A) Should any If a change or error in the records result results in any a member or beneficiary receiving from the system more or less than he would have been entitled to receive had the records been correct, the board shall correct such the error and, as so far as practicable, shall adjust the payment in such a manner so that the actuarial equivalent of the benefit to which such the member or beneficiary was correctly entitled shall be is paid.

(B) The system must correct its records relating to a member upon:

(1) written certification from the employer that the employer's records contained an error that affected the enrollment of the member; and

(2) a showing to the system that all other related records and accounts have been corrected and adjusted to correspond to the change requested of the system.

A correction of the records of the system takes effect only upon payment by the employer and employee to the system of costs as determined by the system.

(C) An employer's request to correct a member's record pursuant to subsection (B) must be made within two years of the commission of the error by the employer."

SECTION 2. This act takes effect upon approval by the Governor, except that the provisions of subsection (C) do not apply to requests to the system to change its records which are pending on the effective date.

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