South Carolina General Assembly
119th Session, 2011-2012

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Bill 872


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 25-1-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT OF MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO EXTEND THE RETIREMENT HONORARY PROMOTION PROVISIONS TO HONORABLY DISCHARGED SERVICEMEMBERS WHO ARE REMOVED FROM THE NATIONAL GUARD DUE TO MEDICAL CONDITIONS, AND TO PROVIDE THAT THE EXPANDED HONORARY PROMOTION ELIGIBILITY DESCRIBED ABOVE IS TO BE APPLIED RETROACTIVELY.

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

SECTION    1.    Section 25-1-590 of the 1976 Code is amended to read:

"Section 25-1-590.    Officers and enlisted men of the National Guard of South Carolina shall must be retired by order of the commander-in-chief with a promotion of one grade, effective the date of retirement or medical discharge at the request of any an officer or enlisted man upon completion of twenty or more years of honorable service in the National Guard of South Carolina, the Armed Forces of the United States, and reserve components thereof of these branches, except that the last ten years of such that service must have been in the South Carolina National Guard, or in the National Guard of the United States, and provided that the individual concerned was a member of the South Carolina National Guard at the time he was ordered to active duty in the National Guard of the U. S. United States status. The years of service requirements shall not apply to members of the National Guard of South Carolina who are medically discharged prior to the completion of at least twenty years of qualifying military service, so long as the individual's discharge is characterized as honorable. But any A commissioned officer holding the grade of major general shall, upon retirement, must be retired in that grade; any a warrant officer holding the grade of chief warrant officer shall, upon retirement, must be retired in that grade; and any an enlisted man holding the highest authorized enlisted grade shall, upon retirement, must be retired in that grade.

Retired officers and retired enlisted men shall draw no pay or allowances except when placed on duty. They shall must be subject to temporary detail by the commander-in-chief, and while on such this duty, shall receive the same pay and allowances as officers and enlisted men of the same rank on the active list. On all occasions of duty or ceremony, retired officers and enlisted men shall take rank below officers and enlisted men of the same grade on the active list."

SECTION    2.    This act takes effect upon approval by the Governor and must be applied retroactively.

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