South Carolina General Assembly
114th Session, 2001-2002

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Bill 3171


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3171
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010109
Primary Sponsor:                  Bales
All Sponsors:                     Bales, Whatley, Cobb-Hunter, Altman, 
                                  Harvin, Trotter, Snow, White
Drafted Document Number:          l:\council\bills\gjk\20050htc01.doc
Companion Bill Number:            24
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Subject:                          Law Enforcement Officer Retention 
                                  Incentive Program, Police Officers Retirement 
                                  System, Pensions; Public Employees


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010214  Co-Sponsor added (Rule 5.2) by Rep.            Snow
                                                                 White
House   20010213  Co-Sponsor added (Rule 5.2) by Rep.            Trotter
House   20010201  Co-Sponsor added (Rule 5.2) by Rep.            Harvin
------  20010112  Companion Bill No. 24
House   20010109  Introduced, read first time,           30 HWM
                  referred to Committee
House   20001220  Prefiled, referred to Committee        30 HWM


              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 CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, BY ADDING ARTICLE 5 SO AS TO ENACT THE LAW ENFORCEMENT OFFICER RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION.

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

SECTION    1.    Chapter 11, Title 9 of the 1976 Code is amended by adding:

"Article 5

Law Enforcement Officer Retention Incentive Program

    Section 9-11-810.    (A)    An active contributing member who is eligible for service retirement under this chapter and complies with the requirements of this article may elect to participate in the Law Enforcement Officer Retention Incentive Program (program). A member electing to participate in this program retires for purposes of the system and the member's normal retirement benefit is calculated on the basis of the member's average final compensation and service credit at the time the program period begins. The program participant shall agree to continue employment with an employer participating in the system for a program period, not to exceed five years. The member shall notify the system before the beginning of the program period. Participation in the program does not guarantee employment for the specified program period.

    (B)    During the specified program period, receipt of the member's normal retirement benefit is deferred. The member's deferred monthly benefit must be placed in the system's trust fund on behalf of the member. No interest is paid on the member's deferred monthly benefit placed in the system's trust fund during the specified program period.

    (C)    During the specified program period, the employer shall pay to the system the employer contribution for active members prescribed by law with respect to any program participant it employs, regardless of whether the program participant is a full-time or part-time employee, or a temporary or permanent employee. If an employer who is obligated to the system pursuant to this subsection fails to pay the amount due, as determined by the system, the amount must be deducted from any funds payable to the employer by the State.

    (D)    A program participant is retired from the retirement system as of the beginning of the program period. A program participant makes no further employee contributions to the system, accrues no service credit during the program period, and is not eligible to receive group life insurance benefits or disability retirement benefits. Accrued annual leave and sick leave used in any manner in the calculation of the program participant's retirement benefit is deducted from the amount of such leave accrued by the participant.

    (E)    A program participant is retired for retirement benefit purposes only. For employment purposes, a program participant is considered to be an active employee, retaining all other rights and benefits of an active employee and is not subject to the earnings limitation of Section 9-11-90(4)(a) during the program period.

    (F)    Upon termination of employment either during or at the end of the program period, the member must receive the balance in the member's program account by electing one of the following distribution alternatives:

        (1)    a lump-sum distribution, paying appropriate taxes; or

        (2)    to the extent permitted under law, a tax sheltered rollover into an eligible plan.

    The member also must receive the previously determined normal retirement benefits based upon the member's average final compensation and service credit at the time the program period began, plus any applicable cost of living increases declared during the program period. The program participant is thereafter subject to the earnings limitation of Section 9-11-90(4)(a).

    (G)    If a program participant dies during the specified program period, the member's designated program beneficiary must receive the balance in the member's program account by electing one of the following distribution alternatives:

        (1)    a lump-sum distribution, paying appropriate taxes; or

        (2)    to the extent permitted under law, a tax sheltered rollover into an eligible plan.

    In accordance with the form of system benefit selected by the member at the time the program commenced, the member's designated beneficiary must receive either a survivor benefit or a refund of contributions from the member's system account.

    (H)    A member is not eligible to participate in the program if the member has participated previously in and received a benefit under this program or any other state retirement system."

SECTION 2. This act takes effect July 1, 2001.

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