South Carolina General Assembly
115th Session, 2003-2004

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S. 855

STATUS INFORMATION

General Bill
Sponsors: Senators Knotts, Cromer, Verdin, Richardson, Giese, Leatherman, Peeler, Branton, Ravenel, Glover, Kuhn, Waldrep, Mescher and McConnell
Document Path: l:\council\bills\bbm\10015htc04.doc
Companion/Similar bill(s): 913, 4757

Introduced in the Senate on January 22, 2004
Introduced in the House on June 2, 2004
Last Amended on May 27, 2004
Currently residing in the House Committee on Ways and Means

Summary: Retirement systems overpayments,recoupment maximums

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/22/2004  Senate  Introduced and read first time SJ-12
   1/22/2004  Senate  Referred to Committee on Finance SJ-12
   5/26/2004  Senate  Committee report: Favorable with amendment Finance SJ-12
   5/27/2004          Scrivener's error corrected
   5/27/2004  Senate  Amended SJ-215
   5/27/2004  Senate  Read second time SJ-215
   5/27/2004  Senate  Ordered to third reading with notice of amendments SJ-215
    6/1/2004  Senate  Read third time and sent to House SJ-54
    6/2/2004  House   Introduced and read first time HJ-3
    6/2/2004  House   Referred to Committee on Ways and Means HJ-3

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/22/2004
5/26/2004
5/27/2004
5/27/2004-A

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

COMMITTEE AMENDMENT ADOPTED

May 27, 2004

S. 855

Introduced by Senators Knotts, Cromer, McConnell Verdin, Richardson, Giese, Leatherman, Peeler, Branton, Ravenel, Glover, Kuhn, Waldrep and Mescher

S. Printed 5/27/04--S.

Read the first time January 22, 2004.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1675 AND 9-11-165 SO AS TO PROVIDE THAT NO MORE THAN THIRTY-SIX MONTHS OF OVERPAYMENTS MAY BE RECOUPED FROM THE RETIREMENT BENEFITS OF RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RECEIVED OVERPAYMENTS THROUGH NO FRAUDULENT ACT OF THE RETIREE.

Amend Title To Conform

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

SECTION    1.    Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:

"Section 9-1-1675.    If a retired member receives overpayment of retirement benefits through no fraudulent act or misrepresentation of the member, the system may not recoup from the retiree's benefit more than the total of overpayments received by the member in the thirty-six months preceding the date the system provides notice in writing to the member of the overpayment. Benefits received by members under the previously existing Social Security Advance Option do not constitute overpayments under this section. Therefore, these benefits are exempt from this provision. The Social Security Advance Option includes cost of living and other special increases applied to the amount of the advance or reduction in allowance under Section 9-1-1620."

SECTION    2.    Article 1, Chapter 11, Title 9 of the 1976 Code is amended by adding:

"Section 9-11-165.    If a retired member receives overpayment of retirement benefits through no fraudulent act or misrepresentation of the member, the system may not recoup from the retiree's benefit more than the total of overpayments received by the member in the thirty-six months preceding the date the system provides notice in writing to the member of the overpayment. Benefits received by members under the previously existing Social Security Advance Option do not constitute overpayments under this section. Therefore, these benefits are exempt from this provision. The Social Security Advance Option includes cost of living and other special increases applied to the amount of the advance or reduction in allowance under Section 9-11-150."

SECTION    3.    This act takes effect upon approval by the Governor.

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