South Carolina General Assembly
118th Session, 2009-2010

Download This Bill in Microsoft Word format

A162, R189, S1145

STATUS INFORMATION

General Bill
Sponsors: Senator Leatherman
Document Path: l:\s-financ\drafting\hkl\019ret9.dag.hkl.docx

Introduced in the Senate on February 9, 2010
Introduced in the House on February 24, 2010
Passed by the General Assembly on May 5, 2010
Governor's Action: May 12, 2010, Signed

Summary: SC Retirement System

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/9/2010  Senate  Introduced and read first time SJ-5
    2/9/2010  Senate  Referred to Committee on Finance SJ-5
   2/17/2010  Senate  Committee report: Favorable Finance SJ-16
   2/18/2010  Senate  Read second time SJ-7
   2/18/2010          Scrivener's error corrected
   2/23/2010  Senate  Read third time and sent to House SJ-16
   2/24/2010  House   Introduced and read first time HJ-13
   2/24/2010  House   Referred to Committee on Ways and Means HJ-13
   4/15/2010  House   Committee report: Favorable Ways and Means HJ-13
   4/16/2010          Scrivener's error corrected
   4/22/2010  House   Debate adjourned until Thursday, April 29, 2010 HJ-29
   4/29/2010  House   Debate adjourned HJ-31
   4/29/2010  House   Debate adjourned until Tuesday, May 4, 2010 HJ-53
    5/4/2010  House   Read second time HJ-36
    5/5/2010  House   Read third time and enrolled HJ-10
    5/6/2010          Ratified R 189
   5/12/2010          Signed By Governor
   5/21/2010          Effective date See Act for Effective Date
   5/25/2010          Act No. 162

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/9/2010
2/17/2010
2/18/2010
4/15/2010
4/16/2010

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

(A162, R189, S1145)

AN ACT TO AMEND SECTIONS 9-1-1540, AS AMENDED, 9-9-65, AND 9-11-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DATE UPON WHICH AN APPLICATION FOR DISABILITY RETIREMENT MUST BE FILED WITH THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER IS CONSIDERED TO BE IN SERVICE ON THE DATE THE APPLICATION IS FILED IF THE MEMBER IS NOT RETIRED AND THE LAST DAY THE MEMBER WAS EMPLOYED BY A COVERED EMPLOYER IN THE SYSTEM OCCURRED NOT MORE THAN NINETY DAYS PRIOR TO THE DATE OF FILING.

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

Filing disability retirement

SECTION    1.    Section 9-1-1540 of the 1976 Code, as last amended by Section 67D, Part II, Act 387 of 2000, is further amended to read:

"Section 9-1-1540.    Upon the application of a member in service or of his employer, a member in service on or after July 1, 1970, who has had five or more years of earned service or a contributing member who is disabled as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership on or after July 1, 1985, may be retired by the board not less than thirty days and not more than nine months next following the date of filing the application on a disability retirement allowance if the system, after a medical examination of the member, certifies that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired. For purposes of this section, a member is considered to be in service on the date the application is filed if the member is not retired and the last day the member was employed by a covered employer in the system occurred not more than ninety days prior to the date of filing.

The South Carolina Retirement System may contract with the Department of Vocational Rehabilitation to evaluate the medical evidence submitted with the disability application relative to the job being performed and make recommendations to the medical board. The system may approve a disability retirement subject to the member participating in vocational rehabilitation with the Department of Vocational Rehabilitation. Upon determination by the department that a member retired on disability is able to reenter the job market and work is available, the retirement system may adjust the benefit paid by the system in accordance with Sections 9-1-1580, 9-1-1590, 9-9-60, and 9-11-90."

Disability retirement

SECTION    2.    Section 9-9-65(1) of the 1976 Code is amended to read:

"(1)    Upon the application of a member in service or of the State, any member in service on or after July 1, 1977, who has five or more years of credited service or any contributing member who is disabled as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership on or after July 1, 1985, may be retired by the board not less than thirty days nor more than ninety days next following the date of filing the application on a disability retirement allowance if the system, after a medical examination of the member, shall certify that the member is mentally or physically incapacitated for further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired. For purposes of this section, a member is considered to be in service on the date the application is filed if the member is not retired and the last day the member held office as a member of the General Assembly occurred not more than ninety days prior to the date of filing."

Qualifications for disability retirement

SECTION    3.    Section 9-11-80(1) of the 1976 Code, as last amended by Section 67N, Part II, Act 387 of 2000, is further amended to read:

"(1)    On the application of a member in service or the member's employer, a member who has five or more completed years of earned service or any contributing member who is disabled as a result of an injury arising out of and in the course of the performance of the member's duties regardless of length of membership may be retired by the retirement board not less than thirty days and not more than nine months next following the date of filing the application on a disability retirement allowance if the system, after a medical examination of the member, certifies that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired. For purposes of this section, a member is considered to be in service on the date the application is filed if the member is not retired and the last day the member was employed by a covered employer in the system occurred not more than ninety days prior to the date of filing.

The South Carolina Retirement System may contract with the Department of Vocational Rehabilitation to evaluate the medical evidence submitted with the disability application relative to the job being performed and make recommendations to the system. The system may approve a disability retirement subject to the member participating in vocational rehabilitation with the Department of Vocational Rehabilitation. Upon determination by the department that a member retired on disability is able to reenter the job market and work is available, the retirement system may adjust the benefit paid by the system in accordance with Sections 9-1-1580, 9-1-1590, 9-9-60, and 9-11-90."

Time effective

SECTION    4.    This act takes effect upon approval by the Governor and applies to any application for disability retirement filed with the South Carolina Retirement Systems on or after May 12, 2008.

Ratified the 6th day of May, 2010.

Approved the 12th day of May, 2010.

__________


This web page was last updated on Friday, August 16, 2013 at 1:57 P.M.