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H. 3434
STATUS INFORMATION
General Bill
Sponsors: Reps. Anthony, Hayes, Coleman, Duncan, Kirsh and M.A. Pitts
Document Path: l:\council\bills\gjk\20137htc05.doc
Introduced in the House on February 2, 2005
Currently residing in the House Committee on Ways and Means
Summary: TERI bill
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/2/2005 House Introduced and read first time HJ-6
2/2/2005 House Referred to Committee on Ways and Means HJ-6
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 8-11-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LEAVE AND THE LUMP SUM PAYMENTS FOR UNUSED ANNUAL LEAVE FOR A STATE EMPLOYEE UPON THE EMPLOYEE'S TERMINATION, RETIREMENT, OR DEATH, SO AS TO PROVIDE THAT A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM IS NOT ELIGIBLE TO RECEIVE A LUMP SUM PAYMENT FOR UNUSED ANNUAL LEAVE; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO PERSONS EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT FROM THE ACT A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 9-1-1790, AS AMENDED, RELATING TO THE EARNINGS LIMIT AND CONTRIBUTIONS APPLICABLE TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ELIMINATE THE EARNINGS LIMIT, REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS THE TIME AFTER WHICH A RETIRED MEMBER MAY RETURN TO COVERED EMPLOYMENT WITHOUT AFFECTING THE RETIREE'S BENEFITS AND TO REQUIRE A RETIRED MEMBER IN COVERED EMPLOYMENT TO MAKE THE SAME CONTRIBUTIONS AS AN ACTIVE MEMBER FOR WHICH THE RETIRED MEMBER ACCRUES NO RETIREMENT SYSTEM CREDIT, TO CLOSE THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI) TO NEW PARTICIPANTS AFTER JUNE 30, 2005; TO AMEND SECTION 9-11-90, AS AMENDED, RELATING TO RETURN TO COVERED EMPLOYMENT OF A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REQUIRE A RETIRED MEMBER IN COVERED EMPLOYMENT TO MAKE THE SAME CONTRIBUTIONS AS AN ACTIVE MEMBER FOR WHICH THE RETIRED MEMBER ACCRUES NO RETIREMENT SYSTEM CREDIT, AND TO REPEAL EFFECTIVE JULY 1, 2010, ARTICLE 17, CHAPTER 1, TITLE 9, RELATING TO THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI).
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-11-620 of the 1976 Code, as last amended by Act 356 of 2002, is further amended by adding a new subsection at the end to read:
"(C) A retired member of the South Carolina Retirement System or a retired member of the South Carolina Police Officers Retirement System employed by any state agency, board, committee, commission, institution of higher learning, school, or other entity that is a unit of state government is not eligible for a lump-sum payment for unused leave provided pursuant to subsection (A) of this section."
SECTION 2. Section 8-17-370(16) of the 1976 Code, as added by Act 356 of 2002, is amended to read:
"(16) a retired member of the South Carolina Retirement System or the South Carolina Police Officers Retirement System who is hired by an agency to fill all or some fraction of a full-time equivalent (FTE) position covered by the State Employee Grievance Procedure Act."
SECTION 3. Section 9-1-1790 of the 1976 Code, as last amended by Act 25 of 2001, is further amended to read:
"Section 9-1-1790. (A) A retired member of the system who has been retired for at least sixty fifteen consecutive calendar days may be hired and return to employment covered by the system and earn up to fifty thousand dollars a fiscal year or any system provided in this title without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned fifty thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. If a retired member of the system returns to employment covered by the system sooner than sixty fifteen consecutive calendar days after retirement, the member's retirement allowance is suspended while the member remains employed by the participating employer. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member.
(B) An employer shall pay to the system the employer contribution for active members prescribed by law with respect to any retired member engaged to perform services for the employer, regardless of whether the retired member 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.
(C) A retired member shall pay to the system the employee contribution for active members if an employer participating in the system employs the retired member. The retired member does not accrue additional service credit in the system by reason of the contributions required by this subsection."
SECTION 4. Notwithstanding the provisions of Section 9-1-2210(A) of the 1976 Code, the Teacher and Employee Retention Incentive (TERI) Program established pursuant to Section 9-1-2210 is closed to new participants effective July 1, 2005.
SECTION 5. Section 9-11-90 of the 1976 Code, as last amended by Act 356 of 2002, is further amended by adding a new subsection at the end to read:
"(6) A retired member shall pay to the system the employee contribution for active members if an employer participating in the system employs the retired member. The retired member does not accrue additional service credit in the system by reason of the contributions required by this subsection."
SECTION 6. Article 17, Chapter 1, Title 9 of the 1976 Code is repealed effective July 1, 2010, for all purposes except the distribution of program accounts existing on that date.
SECTION 7. This act takes effect July 1, 2005.
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