South Carolina General Assembly
117th Session, 2007-2008

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A112, R169, H3826

STATUS INFORMATION

General Bill
Sponsors: Rep. White
Document Path: l:\council\bills\nbd\11461ac07.doc

Introduced in the House on March 29, 2007
Introduced in the Senate on April 25, 2007
Last Amended on June 20, 2007
Passed by the General Assembly on June 20, 2007
Became law without Governor's signature, June 27, 2007

Summary: SC Retirement System

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/29/2007  House   Introduced and read first time HJ-69
   3/29/2007  House   Referred to Committee on Ways and Means HJ-69
   4/18/2007  House   Committee report: Favorable Ways and Means HJ-14
   4/24/2007  House   Read second time HJ-24
   4/25/2007  House   Read third time and sent to Senate HJ-19
   4/25/2007  Senate  Introduced and read first time SJ-26
   4/25/2007  Senate  Referred to Committee on Finance SJ-26
   5/30/2007  Senate  Committee report: Favorable with amendment Finance SJ-13
   5/31/2007          Scrivener's error corrected
   5/31/2007  Senate  Committee Amendment Adopted SJ-51
   5/31/2007  Senate  Read second time SJ-51
    6/5/2007  Senate  Amended SJ-31
    6/5/2007  Senate  Read third time and returned to House with amendments 
                        SJ-31
    6/6/2007  Senate  Requested return from House SJ-84
    6/6/2007  Senate  Reconsider vote whereby read third time and returned 
                        with amendments SJ-84
    6/6/2007  Senate  Amended SJ-84
    6/6/2007  Senate  Read third time and returned to House with amendments 
                        SJ-84
    6/7/2007  House   Senate amendment amended HJ-56
    6/7/2007  House   Returned to Senate with amendments HJ-56
    6/7/2007  Senate  Non-concurrence in House amendment SJ-103
    6/7/2007  House   House insists upon amendment and conference committee 
                        appointed Reps. White, Cobb-Hunter, and GM Smith HJ-144
    6/7/2007  Senate  Conference committee appointed Ryberg, Alexander, and 
                        Sheheen SJ-104
   6/20/2007  Senate  Conference report adopted SJ-59
   6/20/2007  House   Conference report adopted HJ-54
   6/20/2007  Senate  Ordered enrolled for ratification SJ-64
   6/20/2007          Ratified R 169
   6/27/2007          Became law without Governor's signature
    7/2/2007          Copies available
    7/2/2007          Effective date 06/27/07
    7/6/2007          Act No. 112

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/29/2007
4/18/2007
5/30/2007
5/31/2007
5/31/2007-A
6/5/2007
6/6/2007
6/7/2007
6/20/2007


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

(A112, R169, H3826)

AN ACT TO AMEND SECTION 9-1-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION FOR HOSPITAL EMPLOYEES TO PARTICIPATE OR NOT PARTICIPATE IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE PHYSICIANS EMPLOYED BY THE HOSPITAL, MAKE THE ELECTION AN "OPT-OUT" ELECTION, AND MAKE THIS ELECTION IRREVOCABLE; BY ADDING SECTION 9-8-67 SO AS TO ESTABLISH A NORMAL RETIREMENT AGE OF SIXTY YEARS FOR THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS; TO AMEND SECTION 9-8-60, AS AMENDED, RELATING TO RETIREMENT UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ADD CIRCUIT PUBLIC DEFENDERS AND TO ALLOW CERTAIN MEMBERS OF THAT SYSTEM WHO ARE ELIGIBLE TO RETIRE TO RECEIVE RETIREMENT BENEFITS EITHER DIRECTLY OR INDIRECTLY, BASED ON AGE, WHILE CONTINUING TO SERVE AND TO REQUIRE THESE MEMBERS TO CONTINUE TO MAKE EMPLOYEE CONTRIBUTIONS WHILE IN THIS STATUS; TO AMEND SECTION 9-8-110, AS AMENDED, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH A BENEFIT MAY BE PAID TO A SURVIVING SPOUSE FOLLOWING A MEMBER'S IN-SERVICE DEATH; AND TO AMEND SECTION 9-1-2210, AS AMENDED, RELATING TO THE TEACHER AND EMPLOYEE RETENTION INCENTIVE (TERI) PLAN, SO AS TO ALLOW PARTICIPATION BY A DISABILITY RETIREE RESTORED TO ACTIVE SERVICE WHO REPAYS BENEFITS RECEIVED AND VOIDS HIS OPTIONAL BENEFIT SELECTION.

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

Retirement opt-out

SECTION    1.    Section 9-1-580 of the 1976 Code is amended to read:

"Section 9-1-580.    (A)    Any persons employed by a hospital, which is an employer under the system by application, in the capacity of a physician, nursing service personnel, technicians, housekeeping personnel, dietary personnel, and laundry personnel may elect not to become members of the South Carolina Retirement System, if this option is exercised within thirty days after they enter upon the discharge of their duties. The option provided for in this section is irrevocable.

(B)    If for any reason, a determination is made that a person who exercised the option provided for in subsection (A) is entitled to any benefit provided pursuant to this title, the cost to establish service credit must be calculated pursuant to Section 9-1-1140(A). This calculation must be based on the person's current salary or career highest fiscal year salary for any period of time the person was employed in a position that otherwise would have been covered by membership in the system, regardless of whether the person requests to purchase all of the eligible service credit. The calculated cost must be paid solely by the person's employer, the person, or any combination of these.

(C)    For purposes of this section, 'physician' means a person who is licensed to practice medicine or osteopathy in this State in accordance with Chapter 47, Title 40."

Normal retirement age

SECTION    2.    Chapter 8, Title 9 of the 1976 Code is amended by adding:

"Section 9-8-67.    The normal retirement age for the system established pursuant to this chapter is sixty years."

Retirement benefits

SECTION    3.    A.    Section 9-8-60 of the 1976 Code, as last amended by a 2007 act bearing ratification number 154, is further amended by adding a new subsection (7) to read:

"(7)(a)    A member who has attained the age of sixty years and is eligible to retire and receive the maximum monthly benefit of one-twelfth of ninety percent of the current active salary of a judge, solicitor, or circuit public defender as provided in subsection (5) may retire and receive a retirement benefit while continuing to serve as judge, solicitor, or circuit public defender until the end of the calendar year in which the member attains the age of seventy-two years. The employee and employer contributions must continue to be paid as if the judge, solicitor, or circuit public defender continuing to serve pursuant to this subsection was an active contributing member, but no additional service credit accrues on account of these contributions. A judge, solicitor, or circuit public defender who retires pursuant to this subsection is not subject to the provisions of Section 9-8-120 unless he has vacated his office.

(b)    A member who has not yet reached the age of sixty years, but who is eligible to retire and receive the maximum monthly benefit of one-twelfth of ninety percent of the current active salary of a judge, solicitor, or circuit public defender as provided in subsection (5) may retire and continue to serve as judge, solicitor, or circuit public defender until the end of the calendar year in which the member attains the age of seventy-two years. While a member continues to serve as judge, solicitor, or circuit public defender pursuant to this subsection, the member's normal monthly retirement benefit will be deferred and placed in the system's trust fund on behalf of the member. Upon reaching the age of sixty years, the balance of the member's deferred retirement benefit will be distributed to the member. No interest will be paid on the member's deferred monthly retirement benefit placed in the system's trust fund. The employee and employer contributions must continue to be paid as if the judge, solicitor, or circuit public defender continuing to serve pursuant to this subsection was an active contributing member, but no additional service credit accrues on account of these contributions. A judge, solicitor, or circuit public defender who retires pursuant to this subsection is not subject to the provisions of Section 9-8-120 unless he has vacated his office.

(c)    For a member retiring and continuing to serve as judge, solicitor, or circuit public defender pursuant to subsection (7)(b) the additional benefit provided for in subsection (6) will be deferred and placed in the system's trust fund until the member reaches the age of sixty years. Upon reaching the age of sixty years, the additional benefit will be distributed, plus interest, to the member.

(d)    For all purposes other than employment, a member retiring and continuing to serve as judge, solicitor, or circuit public defender pursuant to either subsection (7)(a) or (7)(b) is a retired member of the system."

B.    Notwithstanding the date of enactment of this or any other act enacted by the General Assembly in the 2007 legislative session amending Section 9-8-60 of the 1976 Code by adding a new subsection (7) therein, Section 9-8-60(7) of the 1976 Code as added by this act is deemed the final and only expression of the General Assembly for the 2007 legislative session in adding a new subsection (7) in Section 9-8-60.

Survivor benefit

SECTION    4.    Section 9-8-110(2) of the 1976 Code, as last amended by Act 139 of 1995, is further amended to read:

"(2)    Unless a married member has designated a beneficiary other than his spouse in accordance with subsection (1), upon his death in-service before retirement an allowance equal to one-third of the allowance which would have been payable to him, if he was eligible to retire on his date of death notwithstanding the vesting requirement of Section 9-8-50(E)(1) and as if he had retired on the date of his death, must 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, must be paid to the surviving spouse until death. For purposes of this subsection, 'retired member' includes those former judges and solicitors who are beneficiaries pursuant to subsection (4) of Section 9-8-60."

TERI participation

SECTION    5.    Section 9-1-2210(I) of the 1976 Code, as last amended by Act 153 of 2005, is further amended to read:

"(I)    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. However, a member who has received a disability benefit, but who has been restored to active service and voided his optional benefit selection pursuant to Section 9-1-1590 and repaid any benefit received is eligible to participate in the program."

Time effective

SECTION    6.    This act takes effect upon approval by the Governor.

Ratified the 20th day of June, 2007.

Became law without the signature of the Governor -- 6/27/07.

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